Privacy Policy

Effective May 15, 2020

This privacy policy (this “Privacy Policy”) describes how we (Black Creek Group and its affiliates, collectively “Black Creek”) collect, handle, use, and share information we collect through the websites and mobile applications owned or operated by or on behalf of companies within the Black Creek Group, including  www.blackcreekgroup.com and other websites and mobile applications which link to this Privacy Policy (our “Sites”).

This Privacy Policy should be read in conjunction with any other applicable policies, terms, and conditions in place between you and Black Creek.

Updates to this Policy
We reserve the right to change all or portions of this Privacy Policy at any time. If we make a material change to the Privacy Policy, we will post notice to that effect on our Sites when we post the revised Policy.

Collection of Your Information
We collect information from or about you (“Your Information”) when you voluntarily provide it to us through the Sites, as well as automatically through your visits to the Sites.  The information that is collected may include: first and last name, email address, telephone number, mailing address, login credentials, password, a response to a security question, whether you are a financial advisor or a broker/dealer, the name of your financial advisory firm (if applicable), your computer’s IP address, the Internet browser and operating system you are using, what pages you visit within our Sites, the length of time spent browsing pages of the Sites, and whether you accessed the Sites from a hyperlink in our email messages.

You may voluntarily provide Your Information through the Sites in a number of ways, including: (a) when you login to your account or make updates to your account information; (b) when you fill out a form on the Sites; and (c) when you contact us to request information from us.

As noted, the Sites also automatically gather Your Information related to your use of the Sites.  We may use “cookies” (small text files placed in the memory of your device) or similar technologies to retain information about you and your use of the Sites, and we may engage third parties to assist us in the collection of Your Information.  These technologies can automatically collect information relating to the hardware and software you use to visit the Sites and what pages you have visited.  We may tie Your Information that is automatically gathered by the Sites to Your Information that we collect from other sources or that you provide to us.  We may use Your Information that has been automatically gathered to help authenticate you, store and recognize your configuration and user attributes, facilitate navigation of the Sites, and customize information made available on the Sites to you.  You are free to decline our cookies if your browser permits you to disable them, but if you do, some portions of the Sites may not operate property.

Use of Your Information
We may use Your Information to provide you with information and services, to send you notices (for example, in the form of email messages or mailings), and otherwise to respond to your requests.  We may also use Your Information to enhance the operation of the Sites and the services and information offered, to provide you with personalized features, in our marketing and promotional efforts on the Sites and elsewhere, in statistical analysis of use of the Sites (both on an individual basis and in the aggregate), to update and enhance our records, maintain and improve the Sites, and for other purposes identified on the relevant portions of the Sites where Your Information is collected.  We may also use Your Information to contact you regarding us or the Sites, resolve disputes, troubleshoot problems, and enforce and investigate your compliance with our agreements with you, including our Terms of Use and this Privacy Policy.  We may also use, compile, and analyze Your Information to learn about: your use of the Sites, how many people are visiting the Sites, what are the most visited portions of the Sites, and trends in user behavior.

Sharing of Your Information
We may share Your Information with affiliated entities within the Black Creek Group for the purposes described in this Privacy Policy.  We may also share Your Information with certain unaffiliated third parties in some circumstances, including the following:

  • Vendors and Suppliers. We may share Your Information with unaffiliated vendors, suppliers, authorized representatives, service providers, and agents so that they may help us to maintain the Sites, store Your Information, fulfill your requests, or otherwise provide services or support Black Creek’s business.
  • Government Agencies / Law Enforcement. In certain circumstances, Black Creek might be called upon to release Your Information in response to a court order, subpoena, search warrant, law, or regulation.  Black Creek plans to cooperate in responding to such requests, taking appropriate measures to ensure that the requesting party understands the sensitive nature of Your Information that they may receive.  Black Creek also reserves the right to disclose Your Information in the event that we have reason to believe that someone is causing or threatening to cause injury to or interference with our rights or property, the rights or property of others, the operation of the Sites, any user of the Sites, or anyone else that could be harmed by such activities or if someone is otherwise engaging in behavior that is otherwise illegal or harmful to others.
  • Corporate Transactions. If Black Creek sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger, business transfer, or other type of liquidity event, Black Creek may, in its sole discretion, transfer, sell, or assign Your Information to the acquiring entity and its advisors as part of or in connection with that transaction.  Upon such transfer, sale, assignment, or other liquidity event, the transferee, assignee, successor, or acquiring party may use Your Information in accordance with this Privacy Policy or as otherwise permitted by applicable law or regulation.

We may also share aggregated anonymous data concerning our users with third party analytic services, business partners, and others interested in how the Sites are used. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Sites and report on activities and trends.  This service may also collect information regarding the use of other websites, apps and online resources.  You can learn about Google’s practices by going to www.google.com/policies/privacy/‌partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

We do not share Your Information with unaffiliated third parties for their own direct marketing purposes.

Security
We use reasonable efforts designed to maintain physical, electronic, and procedural safeguards to protect the confidentiality and integrity of Your Information.  However, no security system is foolproof and we cannot fully eliminate security risks with respect to Your Information.  We recommend that you do not send us any of Your Information via non-secure methods of correspondence, including via public electronic communication channels, such as Internet e-mail, which are generally not secure.

Other Sites or Services
The Sites may contain links to other websites or may allow you to use or access third party services (such as to receive alerts from NASDAQ).  We are not responsible for the privacy practices of any other websites or other service providers.  Information you submit to those websites and service providers is subject to the privacy policies of those other websites and service providers, not this Privacy Policy.  We encourage you to review the privacy policies of these other websites and service providers before you submit any information to them.

Do Not Track
Because there is not yet a consensus on how companies should respond to browser-based do-not-track settings, the Sites do not currently respond to any browser-based do-not-track settings.  However, we do not track you across unaffiliated third party websites to provide targeted advertising or for other purposes.

Your Choices
You may opt out of receiving promotional emails from us by updating your preferences in your account settings or by following instructions provided in the emails.  Even if you request to opt out of receiving promotional emails from us, we may use your contact information to send you other types of emails.

For email updates from NASDAQ, you may opt out of receiving these email updates  by following instructions provided in the emails or by updating your preferences on the page where you signed up for the email updates, which sends your request directly to NASDAQ.  Because NASDAQ, and not Black Creek, is responsible for sending these emails, you must contact NASDAQ to opt out of receiving these emails.

Updating or Deleting Your Information
You generally may update Your Information that is in your account with us by following the procedures described on those portions of the Sites where you may log in to the account.  In some cases, however, you may need to contact us by phone to update Your Information.

We will use commercially reasonable efforts to fulfill your request in a timely manner.  We may keep a record of all information that is deleted, and we may determine what may be deleted.  For example, if we are required to keep certain information for regulatory purposes, we may be prevented from deleting that information.  Further, even if we delete Your Information from our “live” database, it may still be stored on other databases (including those kept for archival purposes).

Additional Information Regarding California

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we are providing the following additional details regarding the categories of Personal Information about California residents that we have collected or disclosed within the preceding 12 months:

  • We collected the following categories of Personal Information:
    1. Identifiers, such as name, contact information, online identifiers and Social Security numbers and other government-issued ID numbers;
    2. Personal information, as defined in the California customer records law, such as name, contact information, signature and financial information;
    3. Characteristics of protected classifications under California or federal law, such as sex, national origin, citizenship, immigration status and marital status;
    4. Commercial information, such as transaction information, financial details and financial account information;
    5. Internet or network activity information, such as browsing history, online behavior, interest data, and interactions with our and other websites and systems;
    6. Geolocation data, such as device location and IP location;
    7. Professional or employment-related information, such as employer or the entity with which you are affiliated; and
    8. Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.

We collect this Personal Information from you and from other categories of sources: entities with which we do business that have a relationship with you, and transfer agents.

We share this Personal Information with our affiliates, our service providers and transfer agents, and entities with which we do business that have a relationship with you and other business partners.

We may use this Personal Information to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including, for example, using Personal Information to: develop, improve, repair, and maintain our products and services; personalize, advertise, and market our products and services; conduct research, analytics, and data analysis; maintain our facilities and infrastructure; undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; perform identity verification; perform accounting, audit, and other internal functions, such as internal investigations; comply with law, legal process, and internal policies; maintain records; and exercise and defend legal claims.

  • We disclosed the following Personal Information to third parties for our operational business purposes:
    1. Identifiers, such as name, contact information, online identifiers and Social Security numbers and other government-issued ID numbers;
    2. Personal information, as defined in the California customer records law, such as name, contact information, signature and financial information;
    3. Characteristics of protected classifications under California or federal law, such as sex, national origin, citizenship, immigration status and marital status;
    4. Commercial information, such as transaction information, financial details and financial account information;
    5. Internet or network activity information, such as browsing history, online behavior, interest data, and interactions with our and other websites and systems;
    6. Geolocation data, such as device location and IP location;
    7. Professional or employment-related information, such as employer or the entity with which you are affiliated; and
    8. Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
  • We have not “sold” Personal Information for purposes of the CCPA.

For purposes of this Privacy Policy, “sold” or “sale” means the disclosure of Personal Information for monetary or other valuable consideration but does not include, for example, the transfer of Personal Information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business.

If you are a California resident, you may request that we:

  • Disclose to you the following information covering the 12 months preceding your request:
    • The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
    • The specific pieces of Personal Information we collected about you;
    • The business or commercial purpose for collecting Personal Information about you; and
    • The categories of Personal Information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such Personal Information (if applicable).
  • Delete Personal Information we collected from you.

To make a request for the disclosures or deletion described above, please contact us at this toll-free number 1-833-334-4996 or email us at [email protected]. In some instances, we may decline to honor your request where the law does not apply or where an exception applies. We will respond to your request consistent with applicable law. Nonetheless, you have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

Nevada Residents as Covered by Nevada Privacy Law

Black Creek does not sell Covered Information as defined under Nevada law.  If you would like to make a further inquiry regarding the selling of your Covered Information, as defined under Nevada law, please contact [email protected].

International Users
THE SITES ARE INTENDED FOR RESIDENTS OF THE UNITED STATES ONLY.  IF YOU ACCESS THE SITES FROM OUTSIDE THE UNITED STATES, YOU EXPRESSLY CONSENT TO OUR PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND ACCORDING TO THIS PRIVACY POLICY, UNDERSTANDING THAT U.S. LAWS REGARDING PROCESSING OF YOUR PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS OF THE COUNTRY FROM WHICH YOU ACCESS THE SITES.

Organizations
IF YOU REPRESENT AN ORGANIZATION, YOU MUST ENSURE THAT EACH MEMBER OF YOUR ORGANIZATION (INCLUDING EMPLOYEES AND CONTRACTORS) ABOUT WHOM PERSONAL INFORMATION MAY BE PROVIDED TO US HAS BEEN PROVIDED WITH A COPY OF THIS PRIVACY POLICY.

Privacy of Children
The Sites are not directed at minors and we do not knowingly collect information from, or maintain any information regarding, persons under the age of 18.

Contacting Us
If you have any questions about this Privacy Policy, you may contact us at [email protected], 303-228-2200, or Black Creek Group, 518 17th Street, 17th Floor, Denver, CO 80202.

 

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