Last updated and effective as of November 14, 2024
You privacy is important to us at Dakota Funds Group, LLC and Dakota Live!, LLC and its affiliates and subsidiaries (collectively, “Dakota,” “we,” “our,” or “us”) and we are committed to safeguarding, preserving and respecting your privacy rights. This online privacy Policy (the “Policy”) describes how we collect, use, disclose, and secure the personal information we gather about you through our websites, including www.dakota.com/ and https://dakotafunds.com/ (the “Sites”) when you use our sites and apps, and when you otherwise interact with us (collectively, the “Services”).
For purposes of this Policy, personal information means data that classifies as personal information, personal data, personally identifiable information, or similar terms under applicable data privacy and security laws and regulations. It does not include data excluded or exempted from those laws and regulations, such as aggregated, anonymized, or deidentified data. Nothing in this Policy will constitute an admission or evidence that any particular data privacy or information security law or regulation applies to Dakota generally or in any specific context.
In providing our Services, Dakota may collect personal information on behalf and as a service provider for third parties. This Policy does not govern any information we collect on behalf of third parties, and you should consult their privacy policies to become familiar with their data collection and usage practices.
This Policy expressly incorporates any privacy notices we may issue to supplement this Policy, for example if required by law. Depending on your residency, a supplemental privacy notice may apply to you. For example, if you are a California resident, please view our California Privacy Policy .
You should read this Policy carefully, so that you understand our privacy practices and our Terms of Use. By accessing, browsing, downloading, or otherwise using the Services, you confirm that you have read, understood, and agreed with this Policy. If you do not agree to this Policy, you may not use the Services.
This Policy applies regardless of how the Services are accessed and will cover any technologies or devices by which we make the Services available to you.
We may provide you with additional privacy notices where we believe it is appropriate to do so. It is important that you read this Policy together with any other privacy notice or terms we may provide on specific occasions, so that you are fully aware of how and why we are using your data.
If you have any questions or concerns about our personal information policies or practices, you can contact us in the methods described in the “Contact Us” section below.
We collect information you voluntarily provide directly to us, information that we collect automatically when you interact with the Services, and information collected from third parties. The categories of personal information that we collect and the purposes for which we collect that information are described below.
(a) Analytics and Device Information
We collect certain analytics information automatically as you navigate our Services. This includes cookies, tracking pixels, tags or similar tools, which may collect information about your browser, device, geolocation, and interactions with the Services, Sites, or emails. For more information, please view the “How We Use “Cookies” and Other Tracking Technologies” section below.
We collect this information for the purposes of account creation and management, marketing and advertising (which may include targeted advertising and sales), analytics and research, customer service, and website security and maintenance. We also collect this information for internal use, such as administering the Services, analyze trends, and to identify problems with our Sites.
We share this information with analytics providers and third party advertisers.
(b) When You Create an Account with Us
We collect certain information when you create an account with us, including first name, last name, email address, and zip code.
We collect this information when you provide it directly to us such as such as by registering for an event or when you create a marketplace account.
We collect this information for the purposes of advertising and marketing, analytics and research, providing the Services, and customer service.
(c) When You Share Your Contact and Business Information
We collect your name, business information such as place of employment, company size and sector, job title(s), zip codes/postal addresses, e-mail addresses, telephone numbers, and devices or other equipment owned and/or used by you.
We collect this information when you provide it directly to us such as signing up for newsletters, emailing us, requesting information about Dakota services, or filling out a form. We also collect this information from publicly available sources such as filings and public business profiles. We also collect this information from email lists or databases that we purchase from third parties.
We collect this information for the purposes of advertising and marketing, analytics and research, providing the Services, and customer service.
We share this information with business partners and certain subscribers to our Services.
(d) Interactive Chat
If you engage with the chatbot feature on our Sites, we will record the conversation. Please note that the information relating to your communications may be shared with our service provider. We collect this information for the purposes of providing customer service, administering the Services, and identifying problems with our Sites.
We share this information with our chatbot service provider.
(e) When You Make a Purchase with Us
If you make a purchase with us, we collect certain payment and commercial information from you including name, address, phone number, third-party payment service provider-related information, debit or credit card information, purchase and participation history, or other payment processing information.
We collect this information for the purposes of customer service and administering the Services.
We share this information with payment processing service providers. We may also share your purchase history with analytics providers and business partners.
(f) When You Respond to Surveys and Questionnaires
When you respond to surveys and questionnaires, we collect information you provide to us when you respond to marketing materials, promotions, contests, or other surveys.
We collect this information for the purposes of marketing and advertising, analytics and research, and customer service.
(g) When You Interact with Us on Social Media
If you post, upload, comment, or otherwise submit content on the Services, we may collect certain information about you such as your name and email address and products you may have purchased. Be aware that as a default, any information you post on the Services, including without limitation reviews, comments, and text, may be available to and searchable by all users of the Services.
We collect this information when you engage with our accounts on social media, click on the social media icons on our Sites, or otherwise interact with us on a blog on a social media platform.
We collect this information for the purposes of advertising and marketing, analytics and research, website security and maintenance, and customer service.
(h) Other Ways We May Collect, Use, or Share the Information
We may also reserve the right to collect, use, or share personal information for the following purposes:
We may send one or more cookies to your computer or other device. We may also use other similar technologies such as tracking pixels, tags, or similar tools when you visit our Services. These technologies can collect data regarding your operating system, browser type, device type, screen resolution, IP address, and other technical information, as well as navigation events and session information as you interact with our Services. This information allows us to understand how you use the Services.
(a) Cookies
Cookies are small files created by websites, including our Services, that reside on your computer’s hard drive and that store information about your use of a particular website. When you access our Services, we use cookies and other tracking technologies to:
We set some cookies ourselves and others are set by third parties. You can manage your cookies preference as described in the “Managing Your Cookies” section below.
(b) Types of Cookies and Their Functions
The following chart lists the different types of cookies that we and our service providers use on the Services, examples of who serves those cookies and links to the privacy notices and opt-out information of those cookie servers. Because the specific cookies we use may vary over time, as well as differ by the specific page you are browsing, the below chart is illustrative only.
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Types of Cookies |
Purpose |
Who Serves |
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Essential |
These cookies are required for the operation of the Services and enable you to move around the Services and use its features. Disabling these cookies can negatively impact the performance of Services. |
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Functionality |
These cookies are used to recognize you when you return to the Services. This enables us to personalize content for you and remember your preferences. These cookies also enable your interactions with the Services such as emailing us and customer support chat. |
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Analytics, Performance, and Research |
These cookies, beacons, and pixels allow us to analyze activities on the Services. They can be used to improve the functioning of the Services. For example, these cookies recognize and count the number of visitors and see how they move around the Services. Analytics cookies also help us measure the performance of our advertising campaigns to help us improve them and to optimize the content on the Services for those who engage with our advertising. |
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Advertising |
These cookies and pixels are used to deliver relevant ads, track ad campaign performance, or track email marketing. |
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Social Media |
These cookies are used to enable you to share pages and content that you find interesting on our Services through third-party social networking and other websites. These cookies may also be used for advertising purposes. |
We do not use Facebook Pixel or disclose information to any third party that identifies a specific person as having viewed specific video materials. We do not use analytical tools in a manner that discloses to third parties that a specific person viewed specific video materials.
(c) Cookie Retention Period
Some cookies operate from the time you visit the Services until the end of that particular browsing session. These cookies, which are called “session cookies,” expire and are automatically deleted when you close your Internet browser.
Some cookies will stay on your device between browsing sessions and will not expire or automatically delete when you close your Internet browser. These cookies are called “persistent cookies” and the length of time they will remain on your device will vary from cookie to cookie. Persistent cookies are used for a number of purposes, such as storing your preferences so that they are available for your next visit and to keep a more accurate account of how often you visit the Services, how your use of the Services may change over time, and the effectiveness of advertising efforts.
(d) Managing Your Cookies
It may be possible to block cookies by changing your Internet browser settings to refuse all or some cookies. If you choose to block all cookies (including essential cookies), you may not be able to access all or parts of the Services.
You can find out more about cookies and how to manage them by visiting https://ico.org.uk/for-the-public/online/cookies/.
(e) Sites’ Response to “Do Not Track” Signals
At this time, our Sites do not respond differently based on a user’s Do Not Track signal. Our Sites recognize the Global Privacy Control.
Under certain privacy laws, some state residents are entitled to various privacy rights. Although they may not all apply to Dakota, the states with privacy laws that will be in effect in 2025 include California, Colorado, Connecticut, Delaware, Florida, Iowa, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Tennessee, Utah, and Virginia.
Dakota values its customers’ privacy, and it therefore affords these rights to all users regardless of their state of residency. The chart below explains these rights, although some exceptions may apply. If you are a California resident, please visit our California Privacy Policy.
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Consumer Right |
Explanation |
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Right to Know/Access |
You have the right to confirm whether we are processing your personal data, and the right to access that data. |
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Right of Correction |
You have the right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of the personal data. |
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Right of Deletion |
You have the right to delete your personal data provided by you or obtained about you. |
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Right of Portability |
Up to two times per calendar year, you have the right to obtain your personal data in a portable and—to the extent technically feasible—readily usable format that allows you to transmit the data to another entity without hindrance. |
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Right to Opt-out: |
You have the right to opt-out of the processing of your personal data for the purposes of:
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(a) Sensitive Information
We will process Sensitive Data (as the term or its equivalent is defined by applicable privacy laws) in accordance with any applicable privacy laws. In some instances, that means we will not collect Sensitive Data without first obtaining your consent or providing you with the right to opt out.
(b) Exercising Your Rights
If you wish to exercise one of the above rights, please visit our “Make a Data Privacy Request” page or our “Your Privacy Choices” page.
If necessary, we may request additional information reasonably necessary to authenticate you and your request. In certain circumstances, you may make a request on behalf of another such as if you are an authorized agent or the parent or guardian of a child on behalf of whom you wish to exercise their rights.
We will respond to these consumer requests, if applicable, within 45 days of receipt of the request and without undue delay. If we need to extend this period, we will notify you of the delay and explain the reasonably necessary justifications for our delay.
We will provide responses to your requests free of charge unless certain exclusions apply, depending on the state in which you reside.
(c) Appealing a Rights Request Decision
If we deny or fail to take action on your request to exercise your applicable consumer privacy rights, you may appeal our decision. To do this, you may email us at privacy@dakota.com. In the email appeal, please specify the right(s) you requested to exercise and the date you made such a request.
We will inform you in writing within 45 days of any action taken or not taken in response to the appeal. We will also provide a written explanation of the reasons for our decisions regarding your request(s).
Under Nevada law, certain Nevada consumers may opt out of the sale of certain personally identifiable information for monetary consideration. We do not sell personally identifiable information under Nevada law.
If you are a Nevada resident who has purchased or leased goods or services from us, you may (A) submit a request to opt out of any sales, and/or (B) request changes to your “covered information” by emailing us at privacy@dakota.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
We respect your rights in how your personal information is used and shared. We may communicate with you via email, telephone, postal mail, and/or your mobile device about our products and services. If at any time you would like to unsubscribe from receiving future emails, you can email us at privacy@dakota.com or follow the instructions at the bottom of each email, and we will promptly remove you from marketing correspondence. Please note, however, that we may still need to contact you regarding other matters.
This section of our Policy is applicable to persons located in the European Union (“EU”), an European Economic Area member state (“EEA”), United Kingdom (“UK”), or Switzerland as well as to persons whose personal information is processed in or transferred from the EU, EEA, UK, or Switzerland. You are entitled under the EU General Data Protection Regulation and UK General Data Protection Regulation (collectively, the “GDPR”), to the information in this section of our Privacy Policy.
(a) Your Rights
You are entitled by law to access, correct, amend, or delete personal information about you that we hold. A summary listing these rights appears below. Please note that these rights are not absolute and certain exemptions may apply to specific requests that you may submit to us.
To exercise these rights, please contact us using the information below in the “Contact Us” section. For your protection, we may need to verify your identity before responding to your request. In the event that we refuse a request, we will provide you a reason as to why.
(b) Asking Us to Access Your Personal Information
You have the right to obtain from us confirmation as to whether or not we are processing personal information about you, and if so, the right to be provided with the information contained in this Policy. You also have the right to ask us for copies of your personal information. When making a request, please provide an accurate description of the personal information to which you want access. Where requests are repetitive or manifestly unfounded or excessive, we may charge a reasonable fee based on administrative cost.
(c) Asking Us to Rectify Your Personal Information
You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
(d) Asking Us to Delete Your Personal Information
You have the right to ask us to erase your personal information if:
However, this right is not absolute. Even if you make a request for deletion, we may need to retain certain information for legal or administrative purposes, such as record keeping, maintenance of opt-out requirements, defending or making legal claims, or detecting fraudulent activities. We will retain information in accordance with the “How Long Your Personal Information Is Kept” section below.
If you do exercise a valid right to have your personal information deleted, please keep in mind that deletion by third parties to whom the information has been provided might not be immediate and that the deleted information may persist in backup copies for a reasonable period (but will not be available to others).
(e) Asking Us to Restrict Our Use of Your Personal Information
You have the right to ask us to place a restriction on our use of your personal information if one of the following applies to you:
(f) The Right to Transfer Your Personal Information to Another Service Provider
You have the right to ask that we transfer the personal information you gave us from one organization to another, or give it to you (i.e., data portability). This applies to personal information we are processing to service a contract with you and to personal information we are processing based on your consent.
(g) The Right to Withdraw Consent
If we obtain your written consent to collect and process your personal information, you can subsequently withdraw such consent as to any further processing of such information.
(h) The Right to Lodge a Complaint with a Supervisory Authority
If you believe your rights under the GDPR have been violated, the GDPR gives you the right to file a complaint with your supervisory authority. A list of supervisory authorities is available here: EEA and EU Data Protection Authorities (DPAs) ; Swiss Federal Data Protection and Information Commissioner (FDPIC); UK Information Commissioner’s Office (ICO).
(i) Rights Related to Automated Decision-making
To the extent that we engage in decision-making based solely on automated processing, including profiling, which produces legal effects concerning you or which significantly affects you, you have the right not to be subject to such decision-making.
(j) Right to Object to Processing
You have the right to object to the processing of your personal information that is based on legitimate interests or your consent (rather than when the reason for using it is to perform an obligation due to you under a contract with us). If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or we can demonstrate the processing is for the establishment, exercise, or defense of legal claims. You can object to the processing of your personal information by contacting us using the information in the “Contact Us” section below.
(k) Legal Bases for Processing Your Personal Information
We collect your personal information to provide our products and services to you; otherwise, we may not be able to process the transactions you request. We will only process your personal information when we have a lawful basis for doing so. If you are in a country in the EU, EEA, UK, or Switzerland, you are entitled to an explanation of the legal bases we rely on to process your personal information. The legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it, which is discussed below.
Our Legitimate Interests. We may process your personal information if doing so is necessary for our legitimate interests relating to our business purposes arising from your relationship with us, and your rights as an individual do not override those legitimate interests.
For example, our legitimate interests include, but are not limited to, when we process your personal information to carry out fraud prevention activities and activities to increase network and information security, identify usage trends, determine the effectiveness of promotional campaigns, expand our business activities and improve our services and the content and functionality of our Services. Our legitimate interests also include providing you with the services you request, view, engage with, or purchase and communicating with you regarding your transactions with us.
Dakota is the controller for all personal information collected from residents of the EU, EEA, UK or Switzerland. If you have any questions about or need further information concerning the legal basis on which we collect and use your personal information for any specific processing activity, please contact us using the “Contact Us” section below.
(l) Cross-Border Transfers of Personal Information
Our Services are operated in the United States. Personal information about you provided while in the EU, an EEA member state, the UK, or Switzerland may be transferred to the United States. The United States does not have an adequacy decision or adequacy regulation. The GDPR permits such transfers when necessary for the performance of a contract between you and us, if we obtain your explicit consent to such transfer, or if it is in our legitimate interest to transfer the personal information. The laws in the United States may not be as protective as the GDPR or the laws of other jurisdictions where you may be located. If we transfer personal information from the EU, EEA, UK, or Switzerland, or another country with cross-border transfer obligations, we will provide an appropriate safeguard, such as using standard contractual clauses.
This section of our Policy is applicable to person located in the Republic of Korea as well as to persons whose personal information is processed in or transferred from the Republic of Korea. You are entitled under the Personal Information Protection Act (Act No. 14839) (“PIPA”) to the information in this Section of our Privacy Policy. Dakota processes information as described in this Policy on the basis of your consent, its reasonably justifiable interest for doing so, and as reasonably related to the purposes for which the personal information was initially collected. Dakota may use automatic tools for the collection of personal information.
Under PIPA, you have the following rights. Please note that an exception may apply:
This section of our Privacy Policy is applicable to persons located in Australia. If you are an Australian resident, you may have certain rights to access the personal information we hold about you and to correct personal information we hold about you (if applicable). To exercise those rights, or if you have any questions about this Policy please reach out using the information in the “Contact Us” section below. Additionally, personal information about you that you provide while in Australia may be transferred to the United States.
More information about privacy law and privacy principles is available from the Office of the Australian Information Commissioner (“OAIC”) and from their website. If you believe your privacy rights have been violated in any way, you may contact the OAIC using their contact details set out here in order to file a complaint.
This section of our Policy is applicable to person located in the Republic of Türkiye as well as to persons whose personal information is processed in or transferred from the Republic of Türkiye. If you are a resident of Turkey, we will only process your personal information that you have made public. We may transfer your information outside of Turkey for the purposes of providing the Services, which may include disclosures to third parties. We collect and share your personal information with third parties as described in Section 2 above. This may include business partners and individuals who use our Services for the purpose of providing the Services.
This section of our Privacy Policy is applicable to persons located in Indonesia. If you are a resident of Indonesia, we process your personal information on the basis of fulfillment of our legitimate interests and/or fulfillment of our contractual duties under agreements to which you are a party. If we process your personal information on the basis of legitimate interests, we do so by taking into account the balance of Dakota’s interests and your rights with respect to your information.
If you are a resident of a country or region other than those identified above, you may have additional rights with regard to our processing of your data, such as the rights to request access, correction, or deletion of such data. You may also have the right to file complaints with your local data regulators. If you would like to exercise such a right, please contact us by email at privacy@dakota.com.
We will retain your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided. We may retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.
We will delete your personal information when it is no longer necessary for the purpose for which it was collected, or upon your request, subject to exceptions as discussed in this Policy or under applicable law, contract, or regulation.
The security of your personal information is important to us. We take various reasonable organizational, administrative, managerial, physical, and technical measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. If required by law to do so, we will notify you and/or the relevant supervisory authority in the event of a data breach.
However, we cannot and do not guarantee complete security, as it does not exist on the Internet.
Protecting the privacy of the very young is especially important. The Sites are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. In the event that we learn that we have collected personal information from a child under age 13 without verification or parental consent, we will immediately delete that information. If you believe that we might have any information from or about a child under 13, please contact us using the information provided in the “Contact Us” section below.
We process personal information on our servers in the United States of America, and may do so in other countries. If you use our Services or otherwise provide us with information from outside of the United States, you expressly consent to the transfer of your data to the United States, the processing of your data in the United States, and the storage of your data in the United States.
Our Services may contain links to third-party websites. When we provide links, we do so only as a convenience and we are not responsible for any content of any third-party website or any links contained within. It is important to note that this Policy only applies to our Services. We are not responsible and assume no responsibility for any personal information collected, stored, or used by any third party as a result of you visiting third-party websites. We also advise that you carefully read the privacy notice of any third-party websites you choose to visit.
This Policy may change from time to time. If we need to change this Policy at some point in the future, we will post any changes on this page. If we make a significant or material change to this Policy we will notify you via email. You should check these terms when you use the Services. Your continued use of the Sites constitutes acceptance of the most current version of this Policy.
If you have any questions about this Privacy Policy, please contact our Chief Financial Officer by email at privacy@dakota.com.
