Privacy Policy
Borgman Capital
Privacy Policy
Last Updated: March 6, 2024
1. Introduction
Borgman Capital LLC (together with its subsidiaries, divisions, and brands, collectively, the “Company,” “us,” “we,” or “our,” as the context may require) operates and provides www.borgmancapital.com, passthehat.com, and other affiliated websites that link to this Privacy Policy (collectively, the “Website”). This Privacy Policy (this “Policy”) describes our privacy practices for the Website, including the types of information we may collect from you when you visit, access, or otherwise use the Website, and our practices for collecting, using, maintaining, protecting, and disclosing that information. We respect the privacy of the visitors and users of the Website (“you” or “your,” as the context may require) and we are committed to protecting your privacy and the security of your personal information through compliance with this Policy.
Please read this Policy carefully to understand our practices regarding your personal information. By accessing or using the Website, you agree to this Policy and any other applicable terms and conditions posted on the Website. If you do not agree with our policies and practices, please do not visit, access, use, or otherwise interact with the Website.
2. The Interactions this Policy Covers
This Policy describes and applies exclusively to personal information (as defined below) that we collect on or in connection with the Website and in texts, emails, and other electronic communications sent through or in connection with the Website. Except as otherwise provided in this Policy or as required by applicable law, this Policy does not apply to information that is collected by any app, website, or third party other than the Website. If you visit any other app, website, or third party that we mention or link to, be sure to review its privacy policy before providing it with any information, as that privacy policy will apply to your interactions with that app, website, or third party.
Except as otherwise provided in this Policy, “personal information” is information that identifies, relates to, describes, is capable of being associated with, or otherwise could reasonably be linked, directly or indirectly, with you. “Personal information” does not include information which is generally not considered “personal information” under applicable law or is otherwise exempted under applicable law, such as information which is publicly available or subject to special data privacy laws and/or regulations.
3. Information We Collect
We collect several types of information from and about you as a result of your use of the Website and as a result of your communication with us. This information may include:
· Various categories of personal information, such as:
Identifiers, including your name, username, email address, tax identification number or other government identification number, address, phone number, date of birth, and other similar identifiers, such as identifiers that may be required to satisfy “Know Your Customer” requirements.
Financial information, such as income level and source of income, net worth, investment experience, credit card number or bank account number and bank routing number when you decide to make an investment in our offerings, or other information required to verify your accreditation status.
Employment and education information, such as employment history, education history, and other resume information, when you apply to work with us.
IP address and other unique device identifiers.
Any other personal information that you upload or share to or on the Website, or which you otherwise provide directly to us.
Inferences drawn from any of the above.
· Information about your internet connection and the equipment you use to access the Website; your activity on the Website; and other usage details collected through your use of the Website.
· Information that is about you but individually does not identify you, such as information which has been de-identified or aggregated in a manner where it can no longer be used to identify you.
· Any other information, including personal information, which you disclose or share.
4. How We Collect Personal Information
We may collect personal information:
• Directly from you when you provide it to us;
• Automatically when you use or access the Website; or
• From third parties.
A. Information We Collect Directly
The personal information we collect directly from you when you use or access the Website includes:
· Information that you provide by visiting the Website, accessing the Website and registering for an account, filling in forms on the Website, making an investment, or otherwise communicating through the Website.
· Your voluntary responses to surveys that we might ask you to complete.
· Records and copies of your communications when you contact us, including information you provide when requesting further information or reporting a problem with the Website.
B. Information We Collect Automatically
As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information, including:
· Usage details. When you access and use the Website, we may automatically collect certain details of your access to and use of the Website, including traffic data, approximate location data, logs, and other communication data and the resources that you access and use on or through the Website.
· Device information. We may collect information about your mobile device and internet connection, including the device’s IP address, unique device identifier, and other information such as operating system and browser type.
The information we collect automatically may include personal information. This information helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to estimate our audience size and usage patterns and recognize you when you return to the Website.
The technologies we use for automatic information collection on the Website may include cookies. A cookie is a small file containing a string of characters that is sent to your browser when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences, and other information, such as what pages you visit, your IP address, or how you arrived on the website. Cookie information allows us to enable certain functions of the Website, to store your preferences and settings, and to analyze your use of the Website and improve your experience on the Website. Ultimately, a cookie allows us or a third party to recognize you and make the Website more useful to you. Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your browser.
We also utilize third-party cookies and other third-party tracking technologies from third-party analytics providers to help us market, troubleshoot, and provide information about our products and services. We use analytics tools provided by third parties including, but not limited to, Google Analytics, which is a third-party service that tracks and reports user behavior and traffic data to Google services in the United States. We use the reports provided by Google and similar service providers to help us understand trends and other activity on the Website and to help us improve the Website. We only use this information to identify trends and potential issues; we do not use it in a way that individually identifies any of our users. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information regarding Google and how it collects and processes your information, please see “How Google Uses Information From Sites or Apps That Use Our Services,” located at https://policies.google.com/technologies/partner-sites.
C. From Third Parties
We may also receive personal information or draw inferences about you from other sources, including, without limitation, service providers who collect or process information on our behalf. We generally require these service providers to use your personal information only as we direct and in a manner consistent with this Policy.
5. How We Use Your Personal Information
We may use the personal information that we collect about you or that you provide to us:
· To provide you with the Website, all related content, and any other information, products, or services that you request from us, such as investment information and recommendations.
· To communicate with you and to process your investments and other requests.
· To facilitate investment offers on behalf of third parties.
· To provide you with investment opportunities that match your investment goals, and otherwise to market to you and notify you of changes or additions to any investments or other products or services we offer.
· To process your application and consider you for employment when you apply to work with us.
· To help maintain the safety, security, and integrity of the Website, as well as our products, services, databases, and other technology assets.
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
· For testing, research, analysis, and development, including to understand our audience, develop and improve new products and services, and to develop and improve the Website and the Company.
· To respond to law enforcement requests and, as required by applicable law, court order, or governmental regulations.
· To evaluate, negotiate, or conduct a merger, divestiture, restructuring, reorganization, dissolution, other sale, or transfer of some or all of our assets, or the negotiation thereof, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users and customers is among the assets transferred.
· To fulfill any other purpose for which you provide it.
· For any other purpose with your consent.
6. Disclosure of Your Information
We may disclose personal information that we collect or that you provide:
· To our subsidiaries and affiliates.
· To issuers, investment partners, and financial institutions in relation to your investments.
· To contractors, service providers, advisors, and other third parties we use to support our business and who use it only for the purposes for which we disclose it to them.
· To an actual or prospective buyer or other successor in the event of an actual or proposed merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.
· To comply with any applicable compliance requirements, such as compliance with anti-money laundering and sanctions laws.
· To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
· To detect, prevent, or otherwise address fraud, security or technical issues.
· To enforce our rights arising from any contracts entered into between you and us, and for billing and collection.
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
· To fulfill the purpose for which you provide it.
· For any other purpose disclosed by us when you provide the information.
· With your consent.
We do not sell personal information or use your personal information for targeted advertising.
We may use or disclose aggregated information about our users and information that does not identify any individual without restriction.
7. Privacy Choices
We strive to provide you with choices regarding the personal information you provide to us. We have gathered the following mechanisms to provide you with control over your information:
· Tracking Technologies. You can refuse or disable some or all cookies, whether by initially refusing cookies through the notification banner presented when you first visit the Website or by setting your browser to otherwise refuse, delete, or disable cookies. If you refuse, delete, or disable cookies, some parts of the Website may then be inaccessible or not function properly.
· Device Permissions. Mobile devices offer permission systems for specific types of device data and notifications, such as phone contacts, pictures, location, and push notifications. You can change your settings on your device to either consent to or refuse the collection or processing of the corresponding information or the display of the corresponding notifications. If you disable or refuse certain permissions, the Website may then be inaccessible or not function properly.
· Google Analytics. You can opt out of having your activity available to Google Analytics by installing the Google Analytics opt-out add-on. For more information, visit https://tools.google.com/dlpage/gaoptout.
· Promotional Offers from Us. If you do not wish to have your contact information used by us for promotions, you can opt-out by unsubscribing from any emails you receive from us. Additionally, you can also always opt-out by contacting us as provided in Section 13 (How to Contact Us).
· Accessing, Correcting, Updating, and Deleting Your Information. To access, correct, update, or delete certain information, you can contact us as provided in Section 13 (How to Contact Us). We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause that information to be incorrect.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website, https://thenai.org/opt-out. Similarly, you can opt-out of receiving targeted ads from members of the Digital Advertising Alliance (“DAA”) on the DAA’s website, https://www.privacyrights.info.
8. Security
We implement various physical, administrative, and technical safeguards in accordance with industry standards to protect the security of your personal information both online and offline. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
9. Retention of Personal Information
We retain your personal information only for as long as is necessary to fulfill the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws or until you withdraw your consent (where applicable).
To determine the appropriate retention period for your personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
10. International Data Transfers
The Website is operated and managed on servers located and operated in the United States. Any information collected through the Website as described in this Policy is stored in the United States. If you are located outside of the United States, please note that we may transfer information, including personal information, to the United States, which may not have the same data protection laws as your jurisdiction, and you consent to the transfer of your personal information to, and the storage and further processing of your personal information in, the United States.
11. Children’s Privacy
The Website is not directed to nor intended for use by anyone under 16 years old (a “Child” or “Children”). We do not knowingly collect personal information from Children. Children are not authorized to use the Website. If you are a Child, please do not provide any personal information to, on, or through the Website. If we learn we have collected or received personal information from a Child, we will delete that information. If you believe we might have any information from or about a Child, please contact us as provided in Section 13 (How to Contact Us).
12. Changes to this Policy
We reserve the right to review and revise this Policy from time to time, without prior notice, subject to applicable legal requirements. The date this Policy was last reviewed and/or revised is noted at the top of the page. You are responsible for periodically visiting this Policy to check for any changes. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes.
13. How to Contact Us
To ask questions or comment about your personal information, this Policy, or our privacy practices, you may contact us:
• Via email at info@borgmancapital.com
• Via phone at (414) 975-4629; or
• Via mail at Borgman Capital, 111 E. Kilbourn Ave. Suite 2600, Milwaukee, WI 53202
14. Notice for Individuals Located in Nevada
This Section 14 applies exclusively to visitors and users of the Website who reside in the state of Nevada. Nevada provides its residents with a limited right to opt-out of certain personal information sales. Nevada residents who wish to exercise this sale opt-out right may email us at info@borgmancapital.com. Please include “Nevada” in your email subject line and include the following information in your email: (i) your name, (ii) Nevada resident address, and (iii) email address. However, please know we do not currently sell data triggering that statute’s opt-out requirements.