Legal

Copyright Notice: (c) 2016 Digi-Capital LLC. All Rights Reserved. Digi-Capital LLC is the copyright owner of this website, blog and all related documents, images and works (the "Copyright Material"), and does not grant you any licence to copy, adapt, modify, compile, distribute or publish the Copyright Material, in whole or in part, without Digi-Capital LLC’s written permission to do so. In consideration of your accessing the Copyright Material, you acknowledge and agree that you will not copy, adapt, modify, compile, distribute or publish the Copyright Material, in whole or in part, without Digi-Capital LLC’s written permission to do so. 

Disclaimer: This document has been produced by Digi-Capital LLC and is furnished to you solely for your information and may not be reproduced or redistributed, in whole or in part, to any other person. No representation or warranty (expressed or implied) is made as to, and no reliance should be placed on, the fairness, accuracy or completeness of the information contained herein and, accordingly, Digi-Capital LLC does not accept any liability whatsoever arising directly or indirectly from the use of this document. In particular, the inclusion of any financial projections are presented solely for illustrative purposes and do not constitute a forecast. The recipient should independently review the underlying assumptions of the financial projections. This document is intended for initial contact with individuals and entities known to Digi-Capital LLC. This document is intended for use by the individual to whom it is sent, it is confidential and may not be reproduced in any form, further distributed to any other person, passed on, directly or indirectly, to any other person or published, in whole or in part, for any purpose without the prior written consent of Digi-Capital LLC. In the event that you are not the recipient indicated and you have inadvertently received this document, please delete it immediately. This document does not constitute or form part of, and should not be construed as, an offer, solicitation or invitation to purchase, subscribe for, or otherwise acquire any securities nor shall it or any part of it nor the fact of its distribution form the basis of or be relied upon in connection with any contract or commitment whatsoever. Any investment decision should be made solely on final documentation, and then only after review of the diligence materials and consideration of all relevant risks. Digi-Capital LLC does not have any responsibility for the information contained herein and does not make any representations or warranties, express or implied, as to the adequacy, accuracy or completeness of any statements, estimates or other information contained in this document.  The information contained herein, while obtained from sources believed to be reliable, is not guaranteed as to its accuracy or completeness. This document may include forward-looking statements, including, but not limited to, statements as to future operating results and potential acquisitions and contracts. Forward-looking statements are sometimes, but not always, identified by their use of a date in the future or such words as “anticipates”, “aims”, “could”, “may”, “should”, “expects”, “believes”, “intends”, “plans” or “targets”. By their nature, forward-looking statements are inherently predictive, speculative and involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the future. There are a number of factors that could cause actual results and developments to differ materially from those expressed or implied by these forward-looking statements. No assurances can be given that the forward-looking statements in this document will be realised. Digi-Capital LLC does not intend to update these forward-looking statements. No securities regulatory authority has approved or expressed an opinion about Digi-Capital LLC's business prospects or any related securities. Any such securities have not been and will not be registered under the United States Securities Act of 1933, as amended (the "Securities Act"), or any other state or federal securities laws and may not be offered or sold in the United States of America absent registration under the Securities Act or an exemption from the registration requirements thereof. Digi-Capital LLC and any entity referred to in this document have not and will not be registered under the United States Securities Exchange Act of 1934, as amended or the US Investment Company Act of 1940, as amended, and any related securities may not be offered or sold or otherwise transferred within the United States or to, or for the account or benefit of, U.S. persons except under circumstances which will not require Digi-Capital LLC or any associated entity to register in the United States in accordance with the foregoing laws or any other law. Digi-Capital LLC does not store credit card details or share customer details with 3rd parties. Digi-Capital LLC reports are delivered immediately upon payment using SendOwl. Digi-Capital LLC provides no refunds for reports sold after payment is made, and all sales are final.

Digi-Capital's Privacy Policy: We appreciate your interest in our services and products (collectively, our “Products”), and website (www.digi-capital.com), (our “Website” and together with our services and Products, our “Services”). Privacy protection is very important to us and we are committed to protecting and respecting your privacy. This Privacy Policy sets out information about how we collect, store, process, transfer and use data that identifies or is associated with you, as a natural person (hereinafter "personal information"). Personal information also covers all personal data as defined under Art. 4(1) of the European Data Protection Regulation (GDPR). 

1. Who is the data controller of your personal information?

We, that is Digi-Capital LLC of Menlo Park, California, USA, (“Digi-Capital” or “we”) is the data controller. We are responsible for, and control, the processing of your personal information.

If you wish to contact us, you can find our contact details at the end of this Privacy Policy.

2. What personal information do we collect?

In the context of rendering our Services, we may collect information about you. This information regularly includes the following:

• If you download reports: order ID, date, transaction ID, payment method, buyer name, buyer email, country, IP address, product, sale price, download date, time and IP address

• If you place an order for our Products or services: order ID, date, transaction ID, payment method, buyer name, buyer email, country, IP address, product, sale price, download date, time and IP address

• If you use our analytics platform: order ID, date, transaction ID, payment method, buyer name, buyer email, country, IP address, product, sale price, download/access date, time and IP address

• If you contact us (via our Website or via phone, email or letter), e.g. for a support request, respond to a survey, or send us an inquiry: Name, e-mail address, IP address, information on our communication with you and any additional information you provide us with.

• If you merely use our Website: IP address, network file system, browser data, browser type, device type, device ID, Uniform Resource Locators (URL), operating system, language preferences, information on your usage of our Website and online activities.

3. How do we collect your information?

This personal information is collected in many ways and may include:

• personal information you provide to us: Most of the personal information we receive comes to us voluntarily from our users in the course of using our Services, such as when visiting our Website, communicating with us or in the process of requesting our Services.

You are free to choose which information you want to provide to us or whether you want to provide us with information at all. However, some information, such as your name, address, and information on your requested Services may be necessary for the performance of our contractual obligations. Without providing this information, you will not be able to order certain Services or enter into a contract with us.

• personal information collected via technology: As you use our Website, we may collect passive information through the use of cookies. Please see below for more information.

• personal information we receive from others: We may receive personal information about users from third parties such as social media sites, law enforcement agencies, providers of denied party screening and marketing consultants.

4. Why and on which legal basis do we collect and use your personal information?

Please note, the notice on the legal grounds refers to the legal justifications under the European General Data Protection Regulation (GDPR) which only applies to our operations to the extent we service or monitor EU residents.

The reasons for using your personal information may differ depending on the purpose of the collection. Regularly we use your information for the following purposes and on the following legal grounds:

• We use your information in order to perform our contractual services or prior to entering into a contract with you. If you order Services from Digi-Capital or if you contact us to request our Services, we use your information to provide you with these Services. Information we use includes: information we need to contact you or otherwise communicate with you; if you are a registered user: information to manage your account; information to enable the download or usage of Services; information for invoicing and payment follow up.

• We use your information if justified by our legitimate interests. The usage of your information may also be necessary for our own business interests. For example, we may use some of your information to evaluate and review our business performance, create financial statements; improve our Services or to identify potential cyber security threats. If necessary we may also use your information to pursue or defend ourselves against legal claims. We may use your email address and names for our email marketing campaigns. You can object to this use at any time by following the link to unsubscribe at the bottom of our marketing emails or email us at info at digi-capital.com

• We use your information after obtaining your consent. In some cases, we may ask you to grant us separate consent to use your information. You are free to deny your consent and the denial will have no negative consequences for you. You are free to withdraw your consent at any time with effect for the future. If you have granted us consent to use your information, we will use it only for the purposes specified in the consent form.

This also includes our marketing campaigns. If you sign up to our email newsletter or when providing us with your email address allow us to use this email address for email marketing, we will use your personal information in our email marketing campaigns. You may unsubscribe from our email newsletter at any time by emailing us at info at digi-capital.com. You may also contact us via email, phone or mail at the addresses provided at the end of this document to request that we remove you from our email list.

• We use your information to comply with legal obligations. We are obligated to retain certain information because of legal requirements, for example, tax or commercial laws.

We will only use your information for the purposes for which we have collected them. We will not use your information for other purposes. We do not use your personal information for automated individual decision-making.

5. With whom do we share your personal information?

As required in accordance with how we use it, we will share your personal information with the following third parties:

• Service providers and advisors: Third party vendors and other service providers that perform services for us or on our behalf, which may include marketing campaign services, providing mailing or email services, tax and accounting services, product fulfilment, payment processing, data enhancement services, fraud prevention, web hosting, or providing analytic services; These third parties include: SendOwl, Microsoft, Stripe, Mad Mimi, GoDaddy, and HostPapa. Any such service providers will by appropriate data processing agreements be bound to only process the data on Digi-Capital’s behalf and under its instructions.

• Promotional partners: Third parties with whom we partner to provide promotional activities, which will be identified by name in the context of these activities.

• Purchasers and third parties in connection with a business transaction: Personal information may be disclosed to third parties in connection with a Digi-Capital-related transaction, such as a merger, sale of Digi-Capital assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business, or in the event of a bankruptcy or similar proceedings.

• Law enforcement, regulators and other parties for legal reasons: Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our legal claims or to protect the security or integrity of our Services; and/or (c) to exercise or protect the rights, property, or personal safety of Digi-Capital, our visitors, or others.

6. How long do we keep your information?

We will store personal information for as long as necessary to fulfil the purposes for which we collect the personal information, in accordance with our legal obligations and legitimate business interests. In general, information on performed business transactions will be blocked from general access within 20 years after completion of the transaction and deleted once statutory retention requirements expire. For example, national commercial or financial codes may require to retain certain information for up to 10 years.

7. How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you use our Services. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

8. How do we safeguard your personal information when there is an international transfer?

As we are located in the USA, any information you provide, will be processed and stored in the USA. If you are in the European Union or European Economic Area, this may mean that your personal information will be stored in a jurisdiction that offers a level of protection that may, in certain instances, be less protective of your personal information than the jurisdiction you are typically a resident in.

For this reason, we have entered into guarantees to ensure appropriate safeguards. If we transfer information from the European Union to third parties outside the European Union and to countries not subject to schemes which are considered as providing an adequate data protection standard, we will enter into contracts which are based on the EU Standard Contractual Clauses with these parties.

If you wish to inquire further about the safeguards we use, please contact us using the details set out at the end of this Privacy Policy. We will take reasonable steps to ensure that your personal information is treated securely and in accordance with applicable law and this Privacy Policy.

9. Cookies and other tracking technologies.

The Services uses cookies, flash objects, web beacons, file information and similar technology similar technologies to distinguish you from other users of the Services. This helps us to provide you with a good experience when you browse the Services and also allows us to improve the Services.

Cookies are pieces of code that allow for personalization of the Services experience by saving your information such as user ID and other preferences. A cookie is a small data file that we transfer to your device's hard disk (such as your computer or smartphone) for record-keeping purposes. 

We use or may use the data collected through tracking technologies to:  (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our Services; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Website; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our Services.

We use the following types of cookies:

• Strictly necessary cookies. These are cookies that are required for the essential operation of the Services such as to authenticate users and prevent fraudulent use.

• Analytical/performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around the Services when they are using it. This helps us to improve the way the Services works, for example, by ensuring that users are finding what they are looking for easily.

• Functionality cookies. These are used to recognize you when you return to the Services. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

• Targeting cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it, and the marketing messages we send to you more relevant to your interests. We may also share this information with third parties who provide a service to us for this purpose.

• Third party cookies. Please be aware that advertisers and other third parties may use their own cookies tags when you click on an advertisement or link on our Website. These third parties are responsible for setting out their own cookie and privacy policies.  

How to manage cookies? The cookies we use are designed to help you get the most from the Services but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. Please note that if you choose to refuse cookies you may not be able to use the full functionality of the Services. These settings will typically be found in the "options" or "preferences" menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the "Help" option in your browser for more details.

Cookie settings in Internet Explorer

Cookie settings in Firefox

Cookie settings in Chrome

Cookie settings in Safari web and https://support.apple.com/en-gb/HT201265iOS.

We honor Do Not Track signals from your browser.

Google Analytics. We use Google Analytics to recognize you and link the devices you use when you visit our Website on your browser or mobile device, login to your account on our Website, or otherwise engage with us. Google Analytics allows us to better understand how our users interact with our Websites and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google's site “How Google uses data when you use our partners' sites or apps” located at www.google.com/policies/privacy/partners/.  You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/.

10. Your California Privacy Rights.

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year.  You may make one request each year by emailing us at data.privacy @ digi-capital.com.   

11. What rights and choices do you have?

We want you to understand your rights and choices regarding how we may use your personal information. Depending on how you use your information, these rights and choices may include the following:

• Individual Rights. You have specific rights under applicable privacy law in respect to your personal information that we hold, including a right of access and erasure and a right to prevent certain processing activities.

If you are a resident in the European Union, you have the following rights in respect to your personal information that we hold:

• Right of access. The right to obtain access to your personal information.

• Right to rectification. The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete.

• Right to erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed.

• Right to restriction. The right to obtain restriction of the processing undertaken by us on your personal information in certain circumstances, such as, where the accuracy of the personal information is contested by you, for a period of time enabling us to verify the accuracy of that personal information.

• Right to portability. The right to portability allows you to move, copy or transfer personal information easily from one organization to another.

Right to object. You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. You can object to marketing activities for any reason whatsoever.

If you wish to exercise one of these rights, please contact us using the contact details below. For cookies or e-mail marketing, we provide the following easily usable option:

• Cookies Settings and Preferences. You may disable cookies and other tracking technologies through the settings in your browser.

• E-Mail Settings and Preferences. If you no longer want to receive marketing e-mails from us, you may choose to unsubscribe at any time by emailing us at data.privacy @ digi-capital.com

In addition to the afore listed rights, as an EU resident, you also have the right to lodge a complaint with your local data protection authority. Further information about how to contact your local data protection authority is available at

http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

12. How to contact us?

If you have any questions or concerns about our Privacy Policy or if you want to exercise your rights, please send an email to data.privacy @ digi-capital.com.

13. Online Privacy Policy Updates

We may make changes to our Privacy Policy from time to time. Please review our policies regularly as updated policies will apply to your future use of our Services.