MS Microcaps LLC Website Privacy Policy
Summary
Thank you for visiting the MS Microcaps LLC website located at https://microcapresearch.com/ (the “Site”). The Site is an Internet property of MS Microcaps LLC (“MS Microcaps LLC™,” “we,” “our” or “us”). The following MS Microcaps LLC Website Privacy Policy (“Privacy Policy”) sets forth our policy with respect to the collection, storage and usage of your Personal Data. For purposes of this Privacy Policy, “Personal Data” means any information concerning the personal or material circumstances of an identified or identifiable individual. This includes information such as your name, your address, your phone number and your email address. Capitalized terms not defined herein shall have the meaning set forth in the MS Microcaps LLC Website Terms and Conditions (“Terms”).Legal Basis
We collect Personal Data that you provide to us, e.g. during the registration and check out process, to fulfill your request to receive additional information or for the purpose of handling the contractual relationship that you have with MS Microcaps LLC. We only use and store your Personal Data if we have a legal basis for doing so, including where you have given us your express consent, where we have a legitimate business interest or pursuant to the contractual relationship between you and MS Microcaps LLC.Individual Rights: Deleting, Modifying and Updating Your Personal Data
At your request, we will: (a) inform you of what Personal Data we have on file for you, in a machine readable format; (b) amend the Personal Data that we have on file for you; and/or (c) completely remove Personal Data that you have provided to us, or that we have collected, from: (i) our servers/databases; and (ii) the servers/databases of any third-party that we have provided your Personal Data to. You may do so by e-mailing us at: admin@msmicrocaps.com. We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests. Please be advised that deleting your Personal Data may terminate your access to certain of the MS Microcaps LLC Offerings (as defined below). If you wish to continue using the full complement of MS Microcaps LLC Offerings, you may not be able to delete all of the Personal Data that we have on file for you. Please be further advised that, after you delete your Personal Data, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.Background
This Privacy Policy covers our treatment of Personal Data and other information that we collect when you: (a) access and/or use the Site; (b) access certain text, images, video, audio, testimonials, blog posts and other content and information relating to investment opportunities, financial data and analysis, as well as information relating to the MS Microcaps LLC Offerings, generally, as made available by: (i) MS Microcaps LLC (collectively, “MS Microcaps LLC Content”); (ii) Members (as defined below) (“Member Content”); and (iii) other third-parties (“Third-Party Content,” and together with the MS Microcaps LLC Content and Member Content, the “Content”); (c) access links to third-party websites and resources (“Third-Party Links”); (d) register, for a fee, to establish a MS Microcaps LLC account (“Account”) as a premium member (“Membership”) of the Site (“Member”), which enables Members to: (i) receive exclusive access to a model active portfolio (“Active Portfolio”) ; (ii) receive exclusive email alerts delivered by MS Microcaps LLC from time-to-time (“Special Email,”); and (iii) obtain access to the MS Microcaps LLC exclusive Slack channels, which contains the active portfolio alongside other exlcusive content (“MS Slack Channel”) (e) access certain message boards, comment sections, messaging functionality and other interactive features of the MS Microcaps LLC Offerings (“Interactive Services”); (f) register for the free email newsletter available to all Users (“Newsletter”); (g) access links to the MS Microcaps LLC and/or User social media pages/accounts appearing on third-party social media websites (collectively, “Social Media Pages”), such as Facebook®, LinkedIn® and Twitter® (collectively, “Social Media Websites,” and together with the Site, Content, MS Microcaps LLC Email, Pro Portal, Interactive Services and Newsletter, the “MS Microcaps LLC Offerings”); and/or (i) otherwise affirmatively consent to this Privacy Policy and/or the Agreement. IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE MS MICROCAPS LLC OFFERINGS. Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that Company is not in any way affiliated with Facebook, LinkedIn or Twitter, nor are the MS Microcaps LLC™ Offerings endorsed, administered or sponsored by any of the foregoing entities.Your California Privacy Rights
MS Microcaps LLC will never share, sell, rent, exchange or barter your Personal Data to or with any third-party for financial gain or marketing purposes. Nevertheless, we may, in certain limited instances, share your Personal Data with third parties who perform administrative functions on our behalf. If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: admin@msmicrocaps.com; call us at: (267) 246-3236; or send us mail to: 300 SE 2ND STREET, FORT LAUDERDALE, FL 33301.Personal Data Collected
We collect Personal Data when you access certain of the MS Microcaps LLC Offerings and complete the required information request Form and/or otherwise provide such information to us. The information that you must supply on the applicable Form may include, without limitation: (a) your full name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your credit card information (where purchasing a Membership subscription); and/or (f) any other information requested by us on the applicable registration Form. For purposes of this Privacy Policy, item (e) in the preceding sentence shall be considered “Sensitive Information.”Use of Personal Data
MS Microcaps LLC will never share, sell, rent, exchange or barter your Personal Data to or with any third-party for financial gain or marketing purposes. By making your Personal Data available to MS Microcaps LLC, you grant MS Microcaps LLC™ the right, subject to applicable law, to use that Personal Data (other than Sensitive Information) to contact you by telephone and email regarding your use of the MS Microcaps LLC Offerings (including in connection with the Newsletter, your Membership and/or a purchase of a Membership). In addition, where you provide your consent as required under the GDPR or we have another valid legal basis under the GDPR, we may use your Personal Data to contact you by telephone and email regarding certain MS Microcaps LLC products and/or services that we think may be of interest to you. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message or see the “Opt-Out/Unsubscribe” section below. We will also use your Personal Data for customer service, to provide you with information that you may request, to customize your experience with the MS Microcaps LLC Offerings and/or to contact you when necessary in connection with your use of the MS Microcaps LLC Offerings. We may also use your Personal Data for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the MS Microcaps LLC Offerings. We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ Personal Data solely as needed to perform these functions for us, but we do not permit them to use User Personal Data for other purposes. At times, we may want to contact you via telephone regarding your use of the MS Microcaps LLC Offerings. To enable us to contact you by telephone regarding your use of the MS Microcaps LLC Offerings, you agree that by submitting your Personal Data by and through the MS Microcaps LLC Offerings, and where you provide your consent as required under the GDPR or we have another valid legal basis under the GDPR, such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations. At times, we may want to contact you via your mobile device regarding your use of the MS Microcaps LLC Offerings. To enable us to contact your mobile device, you agree that, where you provide your consent as required under the GDPR or we have another valid legal basis under the GDPR, and where you have provided your “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the MS Microcaps LLC Offerings, and your consent simply allows MS Microcaps LLC to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify MS Microcaps LLC of the Phone Number Change via e-mail at: admin@msmicrocaps.com, or by using one of the methods set forth in the “Contact Us” section below. We reserve the right to release current or past Personal Data, including Sensitive Information: (i) in the event that we believe that the MS Microcaps LLC Offerings are being or have been used in material violation of the Terms or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Data pursuant to a subpoena; (iii) to comply with a legal obligation, including sharing your name/e-mail address with third-parties to assist you with your opt out requests in compliance with applicable law, including the GDPR and the CAN-SPAM Act of 2003, as amended from time-to-time; (iv) to protect and defend the rights or property of MS Microcaps LLC and/or its Users; (v) to act in urgent circumstances to protect the personal safety of our Users or the public; or (vi) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if MS Microcaps LLC is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your Personal Data, as well as any choices that you may have regarding your Personal Data.Credit Card Transactions
MS Microcaps LLC utilizes third-party service providers to provide credit card payment processing services. If you choose to purchase a Membership, the credit card information provided will either be collected directly by such third-party service provider, or we will share that payment information with our contracted third-party service provider(s). MS Microcaps LLC requires that its third-party payment processing service provider(s) has/have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third-party payment processing service provider(s).Social Media Websites
If you engage in any interaction with MS Microcaps LLC, other users or any third-party on any Social Media Pages, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where MS Microcaps LLC responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all users of MS Microcaps LLC’s social media accounts. We are not responsible for the personal information that you choose to submit on any Social Media Websites. Your interactions with the Social Media Pages are governed by the privacy policies of the applicable Social Media Websites. We encourage you to review the privacy policies and settings of the Social Media Pages with which you interact to help you understand those Social Media Websites’ respective privacy practices. If you have questions about the security and privacy settings of any Social Media Pages that you use, please refer to the applicable Social Media Website’s privacy notices or policies.Non-Personal Data Collection and Use
IP Addresses/Browser TypeWe may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the MS Microcaps LLC Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the MS Microcaps LLC Offerings.