Privacy Policy - ID FUND

We are committed to your data protection and data privacy. We recommend you read this Privacy Policy to better understand what information we collect, how we use it, and who we may share it with. Additionally, this Privacy Policy will provide you with details on how you can control the use and disclosure of your information.

Privacy Policy

This Privacy Policy (this “Privacy Policy”) explains how ID FUNDS ADVISOR LLC (the “Company,” “us” or “we”), and its affiliates including ID Funds LLC, ID Funds II LLC, one or more investment vehicles managed by the Company and its affiliates, or as to which the Company or its affiliate, together with any entity that acts as investment advisor, limited liability company manager, general partner, officer or broker-dealer for any such entity investment vehicle (collectively the “ID Funds Vehicles,”) collect, use and protect your personal information. If you have any questions that this Privacy Policy does not address, please contact us at privacy@idfund.co or 751 Park of Commerce Drive, Suite 128, Boca Raton, Florida 33487. As explained below, we collect information from you in various ways when you interact with the Company’s website (the “Website”) or its investor web portal and mobile application, powered by Covestec, Inc. (the “Web Portal”). By using the Web Portal, you consent to the collection and use of information as explained in this Privacy Policy and agree to be bound by the Terms of Use set forth in the Web Portal. Please note that if you choose to invest in any offering provided through the Web Portal, you may be required to agree to a separate agreement, including, but not limited to, new or additional privacy notices or terms of use.

Collection of Information

The ID FUNDS Vehicles collect non-personally identifiable information from you regarding your usage of the Website and the Web Portal (“Non-Personally Identifiable Information”). Non-Personally Identifiable Information may include, without limitation, website pages viewed, articles, presentation and videos viewed, time spent using certain features of the Website, demographic data such as server locations, cookies existing on your computer, search criteria used and results, date, time, connection speed, and other information which does not specifically identify you. This information is collected using various technologies, including, but not limited to, cookies and server logs. “Cookies” are pieces of information that may be placed on your computer by a website for the purpose of facilitating and enhancing your communication and interaction with that website. “Server logs” can be either a single log file or several log files automatically created and maintained by a server of activity performed by the server, which can include information about any transaction you conduct with the server. The ID Funds Vehicles use analytics programs and service providers that can use first party cookies to report on your interactions with the Website and the Web Portal. The analytics program collects information including, but not limited to, the time of each of your visits, whether you have visited the ID FUNDS website or Web Portal before, what site referred you to the ID FUNDS website, and what pages you viewed on the ID FUNDS website. This Privacy Policy does not cover the collection of information by cookies or other methods by third parties, such as other persons with which the ID Funds conducts transactions, including any person in which a private fund that is advised by ID Funds Advisor LLC makes an investment. The ID Funds Vehicles do not control how such third parties collect information or by what means such third parties may use their own cookies to collect information about you on the Website.

Use of Information

The ID Funds Vehicles will use information you provide or that we collect consistent with this Privacy Policy. The ID Funds Vehicles will use information you provide or that we collect, including (1) Non-Personally Identifiable Information or (2) information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier (“Personally Identifiable Information”; together with Non-Personally Identifiable Information, “Data”), to better serve you and enhance your experience with the Website and the Web Portal, among other things. This may include having to modify or copy such Data, such as images or textual or narrative content you provide, in order to provide you with a seamless and enjoyable experience. Toward these ends, you consent to the ID Funds Vehicles’ use and disclosure of any Data submitted to via the Website or the Web Portal, or information collected when you access the Website or the Web Portal in any manner. The ID Funds Vehicles will use Non-Data (1) to market products and services, (2) to provide services requested by you, (3) to enable our vendors and contractors to provide and assist in the marketing, operation, troubleshooting and analysis of the Website, the Web Portal and other services, (4) to meet any requirements for the offer or sale of securities required by law, rules or regulations or our policies and procedures, (5) to engage in any other lawful activities we believe are consistent with the foregoing, and (6) to protect against legal liability. The ID Funds Vehicles may provide any of these services through third parties, which may necessitate sharing Data with them. If you provide Data for a certain reason, the ID Funds Vehicles may use the Data in connection with the reason for which it was provided. For instance, if you contact the Company by email, the Company will use the Data you provide to answer your question or resolve any problems or issues or inquiries. The ID Funds Vehicles may also use your Data, including Non-Personally Identifiable Information collected to help improve the content and functionality of the Website and the Web Portal, to better understand the users and to improve the Website. The ID Funds Vehicles may use Data to communicate with you regarding our services or to tell you about services believed will be of interest to you. If at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below. Note however that as user of the Web Portal, we will send you administrative communications that are reasonably necessary, including statements, confirmations, investor updates and other notifications. Additionally, ID Funds Advisor LLC is subject to regulatory oversight and all information that we acquire regarding you, including, upon proper request or demand, making available your Personally Identifiable Information to any government, governmental agency or other governmental or regulatory authority. If you utilize Third Party Services (as defined below) to log into the Website, other users to whom you may be connected through such Third Party Service may be able to view or follow information about you on the Website, including certain Data. When interacting with the ID Funds Vehicles through a Third Party Service, the Third Party Services provider’s privacy policy apply. A “Third Party Service” is any web-based technology that is not exclusively operated or controlled by the Company or any ID Funds Vehicle or that involve significant participation by a person that is not any of the Company or any ID Funds Vehicle. The Company uses Third Party Services to assist it in communicating or interacting with users of the Website or the Web Portal. These services may be separate websites or may be applications embedded within the Website or Web Portal. Some third parties provide these services to us under contract, while others do not. Where practicable, we will provide clear notice before you are directed to a Third Party Service from the Website or the Web Portal. The ID Funds Vehicles may also use and disclose certain Data to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of the Website, the Web Portal or the network used to provide the Website or the Web Portal; to protect and defend our rights or property or the rights or property of others; as required by courts or administrative agencies; or in connection with a financing, sale, merger, or reorganization of any of the ID Funds Vehicles or the related business or assets. Any successor in interest to our business would acquire the Data and may prospectively alter the terms of this Privacy Policy. We might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Data may be part of the transferred assets and you will be notified via email and/or a prominent notice on the Website of any change in ownership or uses of your Data, as well as any choices you may have regarding your Data. We may also share your Data with our affiliates for purposes consistent with this Privacy Policy. The ID Funds Vehicles may disclose your Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of the ID Funds Vehicles, (iii) act in urgent circumstances to protect the personal safety of users of the Website or the Web Portal, or the public against fraud or other harm, or (iv) protect against legal liability.

Exclusions

This Privacy Policy does not apply to any Data collected by the ID Funds Vehicles other than Data collected through the Website and the Web Portal (including the mobile application). This Privacy Policy shall not apply to any unsolicited information you provide to an ID Funds Vehicle through the Website, the Web Portal or through any other means. This includes, but is not limited to, information posted to any public areas of the Website, such as bulletin boards, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be nonconfidential and the Company shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

Opt-out Policy

In rare circumstances, we may send you e-mail communications with marketing or promotional materials. If you prefer not to receive such marketing or promotional e-mails from us, you may unsubscribe completely by emailing us at: privacy@idfund.co. Please note that opt-out requests may take up to one (1) week to process. Please also note that at times we may need to send you e-mail communications that are transactional in nature such as service or termination announcements, payment confirmations, investor updates, legal and tax notices and other communication relevant to your investment or business relationship with an ID Funds Vehicle, each of which are communications you will not be able to opt-out of. You will be able to modify the information concerning your account by visiting your profile page and editing any information you wish to change. You will be able to change your e-mail address, password, contact information, or other log in information by visiting your account’s settings page subject to site policy. If you wish to modify your account information, please contact us at admin@idfund.co. Through your account settings you will be able to set certain preferences and permissions regarding the visibility of your information, including Non-Personally Identifiable Information or Personally Identifiable Information, to others. You may stop or restrict the placement of first party cookies and third party cookies on your computer by adjusting your web browser preferences or a “Do Not Track” setting in your web browser. If you do so, you may still use the Website and Web Portal, but this may interfere with some functionality. You may also clear cookies from your computer via your web browser settings. If you would like us to remove your Personally Identifiable Information from our database, please send a request to: admin@idfund.co. We are not responsible for removing your Personally Identifiable Information from the lists of any third party who has previously been provided your Personally Identifiable Information in accordance with this Privacy Policy.

Security

The Company and each ID Funds Vehicle take the security of the data that it collects very seriously and has implemented technical, organizational and administrative measures which are generally accepted by the industry to protect the Personal [Data] in its possession. These measures include, but are not limited to, the implementation of current security technologies and processes to protect your information from loss, misuse and unauthorized access, disclosure, alteration or destruction. Our security systems include bank-level encryption, support instant identification and account verifications, and work with security vendors to ensure that you have a safe experience on the Website and Web Portal, but will not be liable for any failure to safeguard such Personally Identifiable Information, whether inadvertent or otherwise. Personally Identifiable Information is also stored with third parties who have informed us that they also use reasonable efforts to secure access to Personally Identifiable Information, but none of the ID Funds Vehicles will be liable (and affirmatively and explicitly disclaim all liability) for the failure of any third party to safeguard Personally Identifiable Information, whether inadvertent or otherwise. We protect the security of your Personally Identifiable Information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. Wherever appropriate, we obfuscate and/or encrypt information in our systems and/or during information transfer. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to log off when finished using a shared computer.

Please note that ID Funds Affiliates is deemed a data controller as it relates to any Personal Data or Personal Information (as those terms are defined by applicable law) shared in connection with your use of our website, including your membership information, as applicable. By visiting, joining, or using ID Funds Affiliates, or otherwise indicating that you agree to this Privacy Policy, you agree to, and authorize our use of your Personal Information as described in this Privacy Policy.

Legal Basis

We only collect and process your Personally Identifiable Information as permitted by applicable law. These lawful bases include where it is: necessary for the performance of a contract to which you are a party; necessary for us to take steps, at your request, to enter into such a contract; necessary for the purposes of our legitimate interests or those of a third party and not overridden by the interests or fundamental rights and freedoms of any data subject; where you provide us with consent; or necessary for compliance with a legal obligation to which we are subject. Under applicable law, we may be obliged to secure and maintain technical and organizational measures to protect the security of your data, investigate and report any (suspected) breaches of those technical and organizational measures, or comply with legal and regulatory obligations, including, but not limited to, complying with minimum retention periods for certain types of data.

Data Retention

We retain your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain member’s Personally Identifiable Information for so long as an account remains in existence or as needed to provide our services to [an investor], to comply with our legal obligations, to resolve disputes, and to enforce our agreements. We may retain Personally Identifiable Information after an investor de-registers if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce this Privacy Policy and our Terms of Use. We may also retain Personally Identifiable Information, for a limited period, if requested by law enforcement.

Children’s Privacy

Our products, services, and offerings are directed to investment professionals. Our business is not directed at children, and we do not solicit or knowingly collect any personal information from children under the age of 16 without verifiable parental consent. If you are not 18 or older, you are not authorized to use our websites or services. Parents should be aware that there are parental control tools available online that you can use to prevent children from submitting information online without parental permission or from accessing material that is harmful to minors. If you learn that a child under 13 has provided us with Personally Identifiable Information without consent, please contact us via the information provided below.

GDPR Privacy Rights and Personal Data

If you wish to access, rectify, erase, restrict, transfer, or object to the use of your information, or deactivate your membership, please contact us at privacy@idfund.com. We will process any requests in accordance with applicable law and within a reasonable period of time. We may need to verify your identity before processing your request.

Every email sent by or on the behalf of ID Funds Affiliates includes information as to how you can easily unsubscribe from future communications.

Subject to applicable law, you have the following rights in relation to your Personal Data:

Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to have it rectified or completed. If we have shared your Personal Data with others, we will tell them about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
Right to erasure: You may ask us to delete or remove your Personal Data and we will do so in some circumstances, such as where we no longer need it (we may not delete your data when other interests outweigh your right to deletion, for example if we are required by law to keep it). If we have shared your data with others, we will tell them about the erasure where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of that Personal Data or object to us processing it. We will tell you before we lift any restriction on processing. If we have shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that is necessary to perform a contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so if we are processing your Personal Data for direct marketing and otherwise. However, if we are relying on a legitimate interest to process your Personal Data and we demonstrate compelling legitimate grounds for the processing we may continue.
Rights in relation to automated decision-making and profiling: You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, which produce a significant legal effect on you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us, or with your explicit consent.
Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. Your withdrawal of consent will not affect apply to data that was processed prior to our receipt of your withdrawal of consent.
Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we have handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

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 your personal information to third parties for their direct marketing purposes. To learn more about your California privacy rights, please read our CCPA Privacy Notice. To request a list of the names and addresses of third parties to whom we disclosed such information during the preceding calendar year along with a list of the categories of information disclosed, please send an email to privacy@idfund.com or write to us at the address listed below.

ID Funds, LLC

751 Park of Commerce Drive

Suite 128

Boca Raton, FL 33487

Attention: Chief Compliance Officer

Changes to This Privacy Policy

The Company reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Privacy Policy at any time. Any changes or updates will be effective immediately upon posting to the Website or Web Portal, as the case may be, and sending a notification to all registered users of the Web Portal via email regarding such update. You should review this Privacy Policy regularly for changes, and can determine if changes have been made by checking the Effective Date below. Your continued use of the Website and the Web Portal following the posting of any changes to this Privacy Policy means you accept such changes.

Applicable Law and Jurisdiction

The Website and Web Portal are maintained in the United States of America. By accessing the Website or the Web Portal (including the mobile application), you consent to, and authorize, the export of Personally Identifiable Information to the United States of America and its storage and use as specified in this Privacy Policy. This Privacy Policy shall be governed by, construed and entered in accordance with the law of the State of Delaware applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof. All disputes with respect to this Privacy Policy shall be brought and heard either in the Florida State Courts located in the county of Palm Beach, Florida, or the federal district court for the Southern District of Florida. You consent to the in jurisdiction and venue of such courts. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.

Effective Date

This Privacy Policy was last updated on November 18, 2020.