Revised: July 2023
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you fill out an application, investor questionnaire, subscription agreement or another form, make an investment, apply for a job, communicate with us via third party social media sites, or otherwise communicate with us. The types of information we may collect when you access or use our Services as a non-investor include your contact information (name, email address, postal address, phone number), as well as any other information you choose to provide. If you are an investor, we will collect the above-listed information in addition to other information including additional identifiers (e.g., your social security number), financial information (bank account and routing information, other payment information, wire transfer instructions, information in support of your accredited investor status, transaction history, other payment information, income sources, net worth, investment preferences), employment information (current and former employers, job titles, duration of employment), and any other information you choose to provide.
Other Information We Collect When You Use our Services
When you access or use our Services, transact business with us or engage with us at events, we automatically collect information about you, including:
● Usage Information: We collect information about your use of the Services as more fully described below.
● Transactional Information: When you make an investment, we collect information about the investment, such as fund details, investment vehicle, investment amount, and date of the investment.
● Log Information: We collect information related to your access to and use of the Services, including the type of browser you use, app version, access times, pages viewed, your IP address, and the page you visited before navigating to our Services.
● Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
● Location Information: We may derive the approximate location of your device from your IP address. In accordance with your device permissions, we may also collect information about the precise location of your device. You have the ability to stop the collection of precise location information at any time (see Your Choices below for details).
● Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use different technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us to: improve our Services and your experience, see which areas and features of our Services are popular, count visits, email you recommendations, and share data with advertisers so that the ads you see are more relevant to you. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that may be used in our Services or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see Your Choices below.
Information We Collect from Other Sources
We may also obtain information about you from other sources. For example, we may collect information about you from third parties, including but not limited to identity verification services, credit bureaus, mailing list providers, publicly available sources, customer feedback, financial services providers, and marketing service providers. Additionally, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, and friends lists, in accordance with the authorization procedures determined by such social media site.
Information We Derive
We may derive information or draw inferences about you based on the information we or our partners collect. For example, we may make inferences about your location based on your IP address.
Use of information
We use the information we collect for our everyday business and commercial purposes, such as to process your transactions, maintain your accounts, and provide you with tax-related information, and for our and our affiliates’ marketing purposes, such as to offer Vibranium-managed funds to you, notify of and invite you to events, and customize your experience with us. We also use the information we collect to:
● Conduct credit checks and background checks, as applicable;
● Comply with corporate governance, audit, reporting and regulatory and legal requirements;
● Facilitate payment processing and investment account management;
● Provide, maintain and improve our products and services;
● Send you technical notices, updates, security alerts, and support and administrative messages and to respond to your comments, questions, and customer service requests;
● Communicate with you about products, services, and events offered by Vibranium and others, and provide news and information we think will be of interest to you (see Your Choices below for information about how to opt out of these communications at any time);
● Monitor and analyze trends, usage, and activities in connection with our Services;
● Personalize your online experience and the advertisements you see when you use the Services or third-party platforms based on your preferences, interests, and browsing and purchasing behavior and audit your interactions with our online ads, including by counting ad impressions and verifying positioning and quality of ad impressions;
● Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
● Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and protect the rights and property of Vibranium and others;
● Debug to identify and repair errors that impair existing intended functionality;
● For limited internal uses, provided the personal information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction;
● In connection with research and development activities; and
● Carry out any other purpose described to you at the time the information was collected.
Sharing of Information
We will not share data except in the following circumstances:
● With vendors, service providers, and consultants that perform services for us, including providers who assist us with operating and supporting the Services and with other investment processing functions, financial intuitions, such as your bank to fund your investments, third-party custodians, and our analytics, marketing and consulting service providers assisting us with the preparation and circulation of our business and marketing communications and event planning;
● With our affiliates, such as subsequently-formed Vibranium-managed funds, that may use eligibility information about you to make marketing solicitations;
● In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
● If we believe your actions are inconsistent with our user agreements or policies, if we believe you have violated the law, or to protect the rights, property, and safety of Vibranium or others;
● In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
● Between and among Vibranium and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and
● With your consent or at your direction.
● We may also share aggregated or de-identified information that cannot reasonably be used by those third parties to identify you.
Advertising and Analytics Services Provided by Others
Vibranium Transfer of Information to the U.S. and Other Countries
Vibranium is based in the United States and we process and store information in the U.S. and other countries. Therefore, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.
You may update and correct certain account information you provide to us at any time by logging into your account, emailing us at [email protected]. Once you no longer invest with us, please note we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Additional Disclosures for Individuals in Europe
If you are located in the European Economic Area, United Kingdom, or Switzerland, you have certain rights and protections under the law regarding the processing of your personal data.
Legal Basis for Processing
When we process your personal data, we will only do so in the following situations:
● We need to use your personal data to perform our responsibilities under our contract with you (e.g., processing payments for and providing the investments or services you have requested).
● We have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications, to communicate with you about changes to our investments and Services, and to provide, secure, and improve our investment and Services.
● We find such processing is necessary to comply with our legal obligations.
● We have your consent to do so. When consent is the legal basis for our processing, you may withdraw such consent at any time.
Data Subject Requests
You have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you can email us at [email protected].
We store the information we collect on you for as long as is necessary for the purpose(s) for which we originally collected it, or for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.
Questions or Complaints
If you have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your Data Protection Authority, please see:
http://ec.europa.eu, or for Swiss residents, see https://www.edoeb.admin.ch.
Additional Disclosures for Individuals in California
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the CCPA). This section applies only to personal information for which we act as a Controller or “business”; it does not apply to personal information for which we act as a Processor or “service provider” on behalf of another entity.
Categories of Information Collected
Use and sharing of information
- To respond to questions, concerns, or customer service inquiries, and to otherwise fulfill individuals’ requests;
- To send information about our current and future Services;
- To operate our Services;
- To analyze and improve our service;
- To enforce the legal terms that govern our business and online properties;
- To comply with law and legal process and protect rights, safety and property; and
- For other purposes requested or permitted by you or by others acting on your behalf as part of your requested Services.
“Sale” of information
State of California residents may opt out of the “sale” of their personal information. We do not “sell” personal information within the meaning of California law.
California Privacy Rights
If you are a California resident, California law may permit you to request that we:
- Inform you of the categories of personal information we have collected about you in the last twelve months; the categories of sources of such information; the categories of personal information that we sold or disclosed about you for a business purpose; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties to whom we have “sold” or otherwise disclosed personal information for a business purpose.
- Provide access to and/or a copy of certain information we hold about you.
- Delete certain information we have about you.
Certain information is exempt from such requests under applicable law. You also may have the right to receive information about the financial incentives that we offer to you (if any). You also have certain rights under the CCPA not to be discriminated against for exercising CCPA rights. We will take steps to verify your identity before responding to your request, which may include requesting that you respond to an email that we send to you, or otherwise verifying your name, email address or other information that will help us to confirm your identity.
If you are an agent making a request on behalf of a consumer, you must verify that you are authorized to make that request, which may include requiring you to provide us with written proof that satisfies CCPA requirements, such as an appropriate letter signed by the consumer or a power of attorney. We also may require the consumer to verify their identity directly with us.
California Shine the Light Disclosure
California Civil Code Section § 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purpose. We do not share your personal information with third parties for their own direct marketing purposes.