Privacy Policy | Overwatch Fund

Overwatch Fund Privacy Policy – Template policy for client portals

Please read this privacy policy (the “Privacy Policy”) carefully to understand how Overwatch Fund, its subsidiaries and affiliates, successors, assigns, vendors and third-party suppliers (collectively referred to herein as the “Company”) uses and protects the information provided to it by any individual person or entity (“you” or “your”) who accesses, uses or registers to use the Properties (as herein defined). This Privacy Policy applies to the website at investors.overwatchfund.com(the “Website”) and any variations or successors to it, any domain address that resolves to the Website, any Company computer software or applications, downloadable or otherwise, available from the Website (“Software”) and any Company services purchased or otherwise made available from the Website (“Services”) (the Website, Software and Services are collectively referred to as the “Properties”).

This Privacy Policy applies to you and is incorporated into and is a part of the Terms and Conditions (the “Terms and Conditions”) of the Website. Your using, accessing or registering to use the Properties is subject to the Terms and Conditions and this Privacy Policy, and indicates your agreement and acknowledgement to be bound by them.

For purposes of this Privacy Policy, “Materials” refers to, without limitation, any and all audio and visual works or content in any medium or format, including, without limitation, film, video, text, logos, artwork, graphics, pictures, images, advertisements, aural and other forms of expression, whether in still, live, animated or streaming format, contained in works posted, uploaded or provided to the Company, the Properties, or into the technologies described herein, in any method or form, by you, or anyone on your behalf.

1. Types of Information the Company Collects from You

“Personal Information.”

Personal Information refers to information that lets the Company know the specifics of who you are and that may be used to identify, contact or locate you. Personal Information may include your name, mailing address, telephone number, e-mail address, billing address, payment information, financial institution information, information about uploads, Internet Protocol (IP) address and the device used to upload the Materials (this data may be meta-data embedded in the Materials) and other information relating to uploaded Materials or that may be used to identify, contact, or locate you. The Company may collect Personal Information when you use the Properties including, without limitation, when you set up your account, upload or download Materials, correspond or otherwise communicate with the Company through the Internet, or otherwise volunteer information about yourself.

“Non-Personal Information.”

Non-Personal Information refers to information that, by itself, does not identify you or could not be used to identify you as a specific individual (e.g., demographic information, website visitations, or other actions you may take). The Company may collect Non-Personal Information through any of the methods discussed above as well as automatically through use of various technologies, some of which are described further below.

2. How the Company Collects Your Information

Registration.

Prior to your using one or more of the Properties, the Company may require certain Personal Information and Non-Personal Information to create an account (“Account”) or to enable features or functionality of the Properties. Failure to provide all information required by the Company may prevent access to any or all of the Properties, and failure to maintain accurate information may result in suspension or termination of access to any or all the Properties.

Uploading and Downloading Materials.

If you use the Services and you upload or post Materials to or download Materials from the Properties, the Materials may include meta-data or be transmitted with data, such as, without limitation, the type of device through which the Materials were created, the device’s IP address, the domain name of your Internet service provider and other such data. This data may necessarily be provided to and collected by the Company when Materials are uploaded, posted to or downloaded from the Properties.

Information Collected Through Technology.

While you are able to visit the Website and remain anonymous, the Company or its third party service providers may still collect Personal Information and Non-Personal Information about your use of the Properties (e.g., your Internet browser, operating system, IP address, connection speed, and the domain name of your Internet service provider). Such information may be gathered by the following methods:

Cookies. Cookies, including local shared objects, are small pieces of information that are stored by your browser on your computer’s or device’s hard drive which work by assigning to your computer or device a unique number that has no meaning outside of the Website. Cookies do not generally contain any Personal Information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the Properties unavailable to you, or not perform properly for you.
IP Address. You may visit areas of the Website anonymously without the need to register an Account. Even in such cases, the Company may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer or device whenever you begin services with an Internet service provider. Each time you access the Website and each time you request one of the Company’s pages, the server logs the IP address.
Web Beacons. Web beacons are small pieces of data that are embedded in web pages and e-mails. The Company may use these technical methods in HTML e-mails that the Company sends to you to determine whether you have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is Personal Information.
Tracking Materials Usage. If you use the Services and you upload or post Materials to, or download Materials from, the Properties or to or from a third party website, the Company tracks and captures Personal and Non-Personal Information associated with registered Accounts and the use of Materials.

3. How the Company Uses Your Information

System Administration.

The Company may use Non-Personal Information for the purposes of system administration, assisting in diagnosing problems with the Company’s servers, monitoring the Company’s system performance and traffic on the Properties and to gather broad demographic information about the Company customers.

Personalization.

The Company may use Cookies and IP Addresses to track features such as delivering Materials specific to your interests and informing you of new, relevant services or certain third party offerings.

Performance of Services of the Properties.

If you have registered for an Account, the Company may use your Personal Information to make payments to you; to receive payments from you; to prepare tax information; to offer services to you; and to procure services from you and to communicate with you about these activities.

Notices to Registered Users.

If you have registered for an Account, the Company may use your Personal Information to send e-mails to you regarding your registration, including confirmation to verify the accuracy of any information you have provided, and instructions on how to post Materials, make a payment or receive a payment or refund. The Company may also send you e-mails to verify your identity or to notify you if the Company believes your use of Properties violates any applicable agreement for the use of the Properties.

Advertising.

The Company may use Non-Personal Information to assist in optimizing the delivery of advertisements to viewers of your Materials.

Contact Information.

If you contact the Company by any means, the Company may keep a record of your contact information and correspondence. If you report a problem with the Properties, the Company may collect this information in a file specific to you.

4. How to Access and Change Your Personal Information

Upon request, the Company shall allow you to update or correct Personal Information previously submitted, but only to the extent such activities will not compromise privacy or security interests, as determined by the Company at its sole discretion. Additionally, upon request, the Company shall delete Personal Information from the database where such information is stored; however, it may be impossible to entirely delete your entry without some residual information being retained due to the manner in which data backups are maintained.

5. Disclosure of Information to Third Parties

The Company does not sell, trade, or rent Personal Information collected through the Properties to any third party.

Notwithstanding the foregoing, the Company may share your Personal Information for the following purposes and to the extent necessary in the Company’s good-faith discretion:

as reasonably necessary for the operation of the Properties;
as reasonably necessary to support service requirements, including any third party service provider integrations required for operation of the Properties;
to fully cooperate with law enforcement agencies;
as required upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation;
if the Company believes your actions violate any law, regulation, the Terms and Conditions or any functions of the Properties; and
in the event of insolvency, bankruptcy, merger, acquisition, sale, joint venture or other business combination involving the Company.

6. Safeguarding Your Personal Information

Security Measures.

The Company implements and maintains appropriate physical, administrative, technical, and organizational measures to protect the information we process against unauthorized or unlawful access, use or disclosure, and against accidental loss, damage, alteration or destruction. Under our security policies and practices, access to personal information is restricted and authorized only for those who have a business need for such access. The Company strives to protect the personal information that we process; however, no security program is 100% secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use, or disclose personal information. We maintain security incident response policies and procedures to handle incidents involving unauthorized access to personal data we process.

Third Party Links.

The Properties may contain links to third parties who may collect Personal Information and Non-Personal Information directly from you. Additionally, the Company may use third parties to provide components of the Properties. In either case, such third parties may have separate privacy policies and data collection practices, independent of the Company. The Company:

has no responsibility or liability for these independent policies or actions;
is not responsible for the privacy practices or the Materials of such websites; and
does not make any warranties or representations about the information, content, materials, products or services offered on such websites or the security of any information you provide to them.

7. California Privacy Rights – California Consumer Privacy Act (CCPA).

The CCPA provides California residents with specific rights regarding their personal information. Each right includes the ability to make a specific consumer request and corresponding obligation of the receiving party to (i) verify the identity of the requestor and (ii) respond in accordance with CCPA guidelines. This section describes your CCPA rights and explains how to exercise those rights.

Right to Request Information Regarding Personal Information Use/Disclosure and Portability.

You have the right to request a summary of the collection, use, and disclosure of your personal information over the past 12 months. In response to a verifiable request for these services, we will disclose the following information for the Properties:

The categories, specific types, and sources of personal information we collected about you.
Our business purpose for collecting the personal information.
The categories of third parties with whom we share that personal information and the purpose for the disclosure.

You also have the right to request a copy of this personal information in a readily useable format that is transferable to other entities (frequently referred to as “data portability”). If you make a data portability request, the Company may be (i) restricted from providing certain sensitive personal information in response to the request or (ii) prohibited from granting the request entirely if it presents an unreasonable security risk.

Right to Request Deletion of Personal Information.

You have the right to request that the Company delete any of your personal information that we collected and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete or de-identify (and direct our service providers to delete or de-identify) your personal information from our records, unless one of the following exceptions applies:

We may deny your deletion request if retaining the information is necessary for the Company or our service providers to:

Complete the transaction for which we collected the personal information, provide the Properties that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
Debug Properties to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
Comply with a legal obligation; or
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Submitting CCPA Requests – Exercising Access, Data Portability, and Deletion Rights.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable request to us by either:

Calling us toll-free at: 214-682-8496, OR
Sending an email to jhassemer@overwatchfund.com

Only you (or someone legally authorized to act on your behalf) may make a verifiable request related to your personal information. You may only make a verifiable request for access or data portability twice within a 12-month period. The verifiable request must:

Provide sufficient information that allows us to confirm your identity as the person about whom we collected personal information (and, if applicable, the authority and identity of an authorized representative).
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Please note, we cannot respond to your request or provide you with personal information if we cannot (i) verify your identity or authority to make the request and (ii) confirm the personal information relates to you. We will only use personal information provided in a verifiable request to verify the requestor’s identity or authority to make the request.

CCPA Request Responses and Timelines

We endeavor to respond to a verifiable request within forty-five (45) days of its receipt. If we require additional time beyond the 45 days, we are entitled to an extension up to an additional 45 days (for a total response timeline capped at 90 days). In the event that an extension is necessary, we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account where possible. If you do not have an account with us, or your existing account lacks a communication feature, we will deliver our written response to your designated email address.

Any disclosures we provide will only cover the 12-month period preceding the verifiable request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales – Opt Out Rights

The Company does not sell personal information collected through the Properties, and no such activity has occurred in the prior 12 months. In the event that the Company changes its practices and engages in the sale of information, we will provide advance notification to impacted individuals and offer the ability to opt in/opt out in accordance with CCPA requirements.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

8. Additional California Privacy Rights

Shine the Light Requests

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to address listed in Section 11.

California Online Privacy Protection Act (“CalOPPA”)

The Company does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may have features that allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

9. Changes to the Company’s Privacy Policy

The Company reserves the right to amend this privacy statement at our sole discretion at any time. When we make changes to this privacy statement, we will post the updated content to this website along with the effective date of the change. Your continued use of Company Properties following the posting of changes constitutes your acceptance of such changes.

10. Special Note Regarding Minors

Use of the Properties is not intended for minors under the age of 18 (“Minors”). Minors are not authorized by the Company to use the Properties, even if Minors set up an Account or accept the terms of any agreement or policy herein for the Properties.

11. Contacting the Company

If you have any questions about this Privacy Policy you may contact us by mail at the following address:

Jody Hassemer 777 Taylor Street Ste 1035 Fort Worth TEXAS (TX), 76102

jhassemer@overwatchfund.com