Privacy Policy

THIS PRIVACY POLICY WAS UPDATED AND HAS AN EFFECTIVE DATE OF March 1, 2017

We have prepared this privacy policy (“Privacy Policy”) to explain to you how we collect, use, and share information we obtain through your use of the Internet sites, applications and online services (“Services”) that are operated by, controlled by or affiliated with HCP Asset Management Corp, including UMAMI INSIDER (collectively, “we,” “us” or “our”) and posts a link to this Privacy Policy. This Privacy Policy only covers information collected through the Services and does not cover any information collected at any other website, application or offline by us (unless specifically stated), including when you call us, write to us, or communicate with us in any manner other than through the Services. By using the Services, you explicitly consent you agree to the terms of this privacy policy and you expressly consent to the collection, use and disclosure of your Personally Identifiable Information in accordance with this Privacy Policy.

1. Information We Automatically Collect

   We and our third-party service providers (including any third-party content, advertising, and analytics providers) may automatically collect certain information from your device or web browser when you interact with the Services to help us understand how our users use the Services and to target advertising to you (which we will refer to in this Privacy Policy collectively as “Usage Data”). For example, each time you visit the Services we and our third-party service providers may automatically collect your IP address, mobile device identifier or other unique identifier, browser and computer type, access time, the Web page you came from, the URL you go to next, the Web page(s) that you access during your visit and your interaction with content or advertising on the Services.

   We and our third-party service providers may use such Usage Data for a variety of purposes including to diagnose problems with our servers and software, to administer the Services, to gather demographic information and to target advertising to you on the Services and elsewhere online. Accordingly, our third-party advertising networks and ad servers will also provide us with information, including reports that will tell us how many ads were presented and clicked on the Services in a manner that does not identify personally any specific individual. The Usage Data we collect is generally non-identifying, but if we associate it with you as a specific and identifiable person, we will treat it as Personal Information. We may share aggregate demographic and usage information with our prospective and actual business partners, advertisers and other third parties for any business purpose.

   Your Internet address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university. Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on our Service, the web sites you visit after this web site; the ads you see; the ads you click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this web site or a referral site; and other web usage activity and data logged by our web servers. We may use your IP address to help diagnose problems with our servers, gather broad demographic information, and administer our Services. We may also link this information with your Personally Identifiable Information when we feel that it is necessary to enforce compliance with our rules and policies or terms of service or to protect our Services, customers or others.

   We may, and may enable our advertisers to, collect your location via certain services we provide through digital applications, wireless access protocol services (“WAP Services”) or mobile phone service (“Mobile Services”). We, or the service provider, will inform you of such collection at the time you use the service. By using such service, you hereby consent to our collection, use and disclosure of your location information as described. We may receive information from third parties, including demographic information from your mobile carrier, and information from third parties. Those third parties have privacy policies that differ from this Privacy Policy.

   If the email address you provide to us is a wireless email address, you agree to receive messages at such address from us or from third parties. Similarly, we may make available services through which you can receive messages on your phone or wireless device SMS Service or WAP Services. We may also make available content and versions of our Services available via WAP and Mobile Services. If you subscribe to one of our SMS, WAP or Mobile Services, you thereby agree to receive services and messages at the address you provide for such purposes. Such messages may come from us, or from third parties. To use the wireless email address, SMS, WAP, or Mobile Service, you must reside in the United States. We may also obtain the date, time and content of your messages. We will use the information we obtain in connection with these services in accordance with this Privacy Policy. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. By providing us your wireless email address or by signing up for any SMS, WAP, or Mobile Service, you consent to receiving messages as described above. You understand that your wireless carrier’s standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

   Our Services may from time to time partner with a retailer or other third party to offer online shopping opportunities, games, services, subscriptions and other applications on a co-branded or cross-promotional basis. Those transactions may take place on the Services, or the site of the third party. In either case, Personally Identifiable Information you provide in connection with the transaction may be collected directly by, or shared by us with, the third party, as well as with any participating sponsors or advertisers of such opportunities and features. Services may offer you the ability to access a third-party site with whom we have a relationship to access both sites through a co-branded registration or password; in that event, your applicable registration information may be collected directly by, or shared by us with, the third-party partner. We will notify you at the applicable point of sign up if any such co-branded registration or password practices will be in effect. These third parties will use your information in accordance with their own privacy policy.

2. Cookies/Tracking Technologies

   We, and our vendors, analytics providers, and advertising service providers may use tracking technologies, such as cookies, local storage, and pixel tags.

   Cookies and Local Storage

   Cookies and similar technologies and local storage may be set and accessed on your computer by us or by third party service providers on our behalf. Some of our cookies may be local shared objects, also known as Flash cookies. Cookies may be session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them). Our cookies may contain Personally Identifiable Information and such cookies may be shared with others to the same extent indicated in this Privacy Policy. Some of our third party partners (including advertisers and marketing services companies) may set and access cookies and similar technologies on your computer as well, or we may do so on their behalf. We do not have control over how these third parties use such cookies and similar technologies or the information derived therefrom. Upon your first visit to the Services, a cookie or local storage may be sent to your computer that uniquely identifies your browser. “Cookies” and local storage are small files containing a string of characters that is sent to your computer’s browser and stored on your device when you visit a website. Many major Web services use cookies to provide useful features for their users. Each Web site can send its own cookie to your browser. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent; however if you reject cookies, you will not be able to sign in to the Services or take full advantage of our Services. Additionally, if you clear all cookies on your browser at any point after setting your browser to refuse all cookies or indicate when a cookie is being sent, you will have to again reset your browser to refuse all cookies or indicate when a cookie is being sent.

   Cookies are used for a variety of purposes including the following: (a) to track your preferences, such as the address or local zip code you enter; (b) to access your information when you sign in so we can provide you with your personalized content; (c) to display the most appropriate advertisements, based on your interests and activity on our Services; and (d) to help us improve the Services by analyzing and estimating our traffic and use of features on the Services. You can find more information about cookies and how they work at http://www.allaboutcookies.org/.

   A Flash cookie is a data file placed on a device via the Adobe Flash plug-in that may be built into or downloaded by you onto your device. Flash cookies may be used for various purposes, including, without limitation, enabling a Flash feature and remembering your preferences. For more information about Flash and the privacy choices Adobe offers, visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you choose to adjust your Flash privacy settings on your device some features of the Services may not function properly.

   Pixel Tags

   We may also use clear GIFs (also known as “web beacons” or “pixel tags”), which are small graphic files that allow us and third parties to monitor the use of the Services and collect Usage Data. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any cookie previously placed by that server on your computer.

   We may use pixel tags, either provided by us or by our third party advertisers, service providers and ad networks, to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our sites and Services and use them in combination with our cookies to provide offers and information of interest to you. Pixel tags may also enable ad networks to serve targeted advertisements to you when you visit the Services or other websites.

   Some of our emails may contain tags that allow us and our advertisers and other partners to determine the types of content that may be of interest to you. Those tags may contain Personally Identifiable Information and may be shared with others to the same extent indicated in this Privacy Policy. Those tags may not be deleted but you can opt out of receiving the emails as explained in this Privacy Policy.

   In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.

3. Information You Choose To Submit

   You can visit the Services without telling us who you are or revealing any information by which someone could identify or contact you as an, individual (which we will refer to in this Privacy Policy collectively as “Personal Information”), including your name, email address, address, telephone number and any other information that we associate with any of the foregoing. If, however, you wish to register to become a member of the Services, you are required to provide certain Personal Information (e.g., your name and e-mail address), and you must also provide a user name and password. We use your Personal Information to fulfill your requests for products and services, to improve our Services, to contact you from time to time about us and our products and services, and as otherwise described in this Privacy Policy. You may also choose to submit or we may collect additional information about yourself, such as demographic information (for example your gender, birth date, or zip code) and information about your preferences and interests. We refer collectively to all information we collect that is not Personal Information, including Usage Data, demographic data and de-identified Personal Information, as “Non-Personal Information”. If we combine Non-Personal Information with Personal Information we will treat the combined information as Personal Information under this Privacy Policy. You also may choose to submit your alias, bio, email, photos or any other information that you would like to share with other users of the Services (which we will refer to in this Privacy Policy collectively as “User Submissions”). Personal Information, Non-Personal Information, and User Submissions are referred to in this Privacy Policy collectively as “User Information”. If you elect to post material to any blogs, forums, participate in our social networking features or other community boards that may be offered on our Services, then such materials will be collected and may be publicly available for others to view.

4. Information We Receive From Other Sources

   We may supplement the information we collect with outside records in order to learn more about our users, to better tailor the content and offers we show you, and for other purposes. We may receive this information about you from third parties, including without limitation consumer data resellers and advertisers. We may combine the information we receive from those other sources with information we collect through the Services. In those cases, we will apply this Privacy Policy to the combined information.

5. Information Use

   We may use the information we collect, including Personal Information and Usage Data:

   • – to enable you to use our Services, to create an account or profile, to process information you provide via our Services (including verifying that your email address is active and valid) and to process your transactions;
   • – to provide related customer service and care, including responding to your questions, complaints, or comments and sending surveys and processing survey responses;
   • – to provide you with information, products, or services that you have requested or that we otherwise believe will interest you, including special opportunities from us and our third-party partners;
   • – to tailor content, recommendations, and advertisements we and third parties display to you, both on the Services and elsewhere online;
   • – for internal business purposes, such as to improve our Services;
   • – to administer and process contests, sweepstakes, and promotions;
   • – to contact you with administrative communications and, in our discretion, changes to our Privacy Policy, Terms of Use, or any of our other policies;
   • – to comply with regulatory and legal obligations; and
   • – for purposes as disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy.

   In addition, we may use information you provide us through emails, Q&A, blogs, forums, in response to polls, or through any other user generated submission for editorial purposes, and may use your name and any stories you provide us in articles published online and offline. If you provide us with personal anecdotes, they may be attributed to you. We can edit, rewrite, use, and reuse the content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication online and offline, and in trade media, and advertising.

6. Social Network and Platform Integration

   The Sites may contain integration with social networks and other platforms in which information is shared between us and such platforms. For example, if you create or log into your account through a third party social media site, we will have access to certain information from that site, such as your name, email address, account information, photo and friends lists, and other information in accordance with the authorization procedures determined by such social media site. If you visit our Services on a device through which you also interact with social networks or if you interact with us through a social media function such as a plug-in (for example, a Facebook “like” button) then you may be permitting us to have on-going access to some information from your social network profile (such as your name, email address, your friend list, photo, age, gender, location, birthday, social networking ID, current city, and the people/sites you follow). If you don’t want a social network to collect the information about you as described above, or you don’t want a social network to share it with us, please review the privacy policy, privacy settings and instructions of the applicable social network before you visit and use our Services.

7. Our Information Sharing Practices

   • (a) Generally. We may share Non-Personal Information, including Usage Data, de-identified Personal Information and aggregated user statistics, with third parties in our discretion. We may share User Information, including Personal Information, as otherwise described in this Policy, and under the following circumstances:
   • (i) Service Providers. From time to time, we may enter into relationships with third parties who provide services to us (e.g., analytics companies, advertisers and ad agencies, data management and storage services or credit card processing services, sweepstakes or contest prize fulfillment). In those circumstances, we disclose User Information so that such service providers may perform those services.
   • (ii) Third Party Marketing. You will have a choice (opt-in or opt-out) before we share your information with third parties for marketing purposes. Provided that you have chosen to receive marketing messages from third parties, we may share your information (including Personal Information) with third parties for those third parties’ own direct marketing purposes. Please note, messages delivered from a third party will subject you to the third party’s privacy policy. We may also match your email address with third parties with whom you have also consented to share your email address and use such match to deliver custom offers or emails to you on the Services and off the Services.
   • (iii) In the event we go through a business transition (such as a merger, acquisition by another company, bankruptcy, or sale of all or a portion of our assets, including, without limitation, during the course of any due diligence process), your Personal Information will likely be among the assets transferred. By providing your Personal Information, you agree that we may transfer such information in those circumstances without your further consent.
   • (iv) Other Disclosure Scenarios. We reserve the right, and you hereby expressly authorize us, to share User Information: (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person or property; (3) if we believe it is necessary to investigate, prevent, or take action regarding significant abuse of the Services infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of information); (4) to protect and defend our legal rights or property, our services or their users, or any other party, and to protect the health and safety of our users or the general public; and (5) to our parent company, subsidiaries, joint ventures, or other companies under common control with us (in which case we will require such entities to honor this Privacy Policy).

8. Public Information

   If you identify any User Information as public, you are authorizing us to share such information publicly. For example, you may elect to make certain of your User Submissions (such as your alias, bio, email or photos) publicly available. Also, there may be areas of the Services (e.g., message boards, discussion rooms, and other online forums) in which you are able to post information that automatically will be available to all other users of the Services. By choosing to use these areas, you understand and agree that anyone may access, use, and disclose any information that you post to those areas.

9. Users Residing Outside of the United States and Consent to Transfer

   The Services are operated in the United States. If you are located in another jurisdiction, please be aware that information you provide to us will be transferred to and processed in the United States. By using the Sites or providing us with any information, you consent to this transfer, processing, and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen. You also consent to the adjudication of any disputes arising in connection with the Services in the federal and state courts of, and in accordance with the laws of, the state of New York.

10. Important Information for California Residents-Your California Privacy Rights & Canadian Users

    As stated elsewhere in this privacy policy, HCP Asset Management Corp does not share personal information with third parties for their direct marketing purposes, as defined by California Civil Code Section 1798.83 (the “Shine the Light” law), unless we give you choice (opt-in or opt-out) before sharing with those third parties. Such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information sharing. We have such a policy in place. Section 7 explain our practices and how you can opt-out of having your information shared with third parties for the third parties’ direct or indirect marketing purposes, in accordance with such laws.

    If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please contact us at HCP Asset Management Corp, 19 W 44th Street, Suite 404, New York, NY 10036. You must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. Please note that we will not accept inquiries via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information. Canadian residents also have certain rights to know how their information may be shared with third parties who engage in direct marketing activities. For the avoidance of doubt, these opt-out options are available for all users and are not limited to Californian and Canadian users.

    If we provide you messages, including marketing, via your wireless email address or by short message service (“SMS Service”), WAP or Mobile Services as described in this Privacy Policy. You may opt-out of these messages from us by replying “STOP” or following the instructions provided in the message. Our digital applications may provide you alerts and you can change your preferences regarding these alerts through your device settings.

    If you have opted-out as described above, and thereafter you elect to use a service or promotion that requires us to contact you or share your information with a third party (e.g., you enter into a contest or sweepstakes or use an ecommerce service after opting-out), then your previous opt-out preferences will not apply to such service. Despite your indicated preferences, we may send you service related communications, including notices about your subscription, and we may continue disclosing your information to third parties under the exceptions described in this Privacy Policy.

11. How We Respond to “Do Not Track” Signals

    Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how HCP Asset Management Corp responds to “Do Not Track” browser settings.

    There currently is no consensus among industry participants as to what “Do Not Track” means in this context. Therefore, like many websites and online services, the Services do not alter their practices when they receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

12. Advertising

    1. (a) Generally. We may use other companies under agreements with us to serve third-party advertisements when you visit and use the Services. These companies may collect and use click stream information, browser type, time and date, subject of advertisements clicked or scrolled over during your visits to the Services and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use tracking technologies to collect this information. Other companies’ use of their tracking technologies is subject to their own privacy policies, not this one.
    2. (b) Targeted Advertising. In order to serve offers and advertisements that may be of interest to our users, we may display targeted advertisements on the Services, or other digital properties or applications in conjunction with our content, based on information provided to us by our users and information provided to us by third parties that they have independently collected. We do not provide Personal Information to our advertisers when you interact with an advertisement.
    3. (c) Your Ad Choices. Some of the third party services providers and/or Advertisers may be members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit https://optout.networkadvertising.org/?c=1, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You can opt-out of our use of your Web site viewing behavior data to serve you interest-based advertising on third-party sites and email newsletters here http://www.aboutads.info/choices/.If you are accessing the Services through an application (i.e., mobile phone or tablet) you can download the AppChoices application from your device’s application store (i.e., Google Play, Apple App Store, and Amazon Store). This DAA application allows participating companies to offer an opt-out of customized advertisements that are based on predictions about your interests generated from your application usage. For more information, visit http://www.aboutads.info/appchoices.The collection of information via certain ads served to users in Canada may be managed by visiting youradchoices.ca, and via certain ads served to users in Europe may be managed at youronlinechoices.eu. You may also visit https://adstradata.com/ and https://portal.solvemedia.com/portal/public/opt-out to find out how our marketing services companies operate.Please note opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while online or on your device.
    4. (d) Mobile. We may from time to time offer certain location or pinpoint based services, such as location assisted navigation instruction. If you elect to use such location-based services, we must periodically receive your location in order to provide such location-based services to you. By using the location-based services, you authorize us to: (i) locate your hardware; (ii) record, compile and display your location; and (iii) publish your location to third parties designated by you by means of location publication controls available within the applications (e.g., settings, user preferences). As part of the location-based services, we may also collect and store certain information about the users who elect to use such location-based services, such as a device id. This information will be used to provide you the location-based services. We may use third-party providers to help provide location-based services through mobile systems and we may provide the information to such providers to enable them to provide their location-based services, provided that such providers may use the information in accordance with our Privacy Policy.
    5. (e) Video Services. We may offer the right for you to access certain video content as a paid subscription service or via a registration process for specific content (“Video Services”). As a condition of becoming a subscriber or a registrant, you must grant your consent to allow us to share information about the content you have viewed to third parties in order to provide you with the service, for our and others’ marketing purposes and to help you inform others about your experiences on social media services, such as Facebook and Twitter. If you no longer wish us to share information about what you have watched on our service, you can cancel your subscription at any time (in the case of subscription services) or ask that your information not be shared (in the case of registration services). A list of those Video Services, together with information on how to contact customer service about your account, will appear here. Current Video Services are: None. The provisions of this section apply only to videos that are accessible by subscription or registration, and not to other videos that may be viewed on our Services.

13. Choice/Opt-Out From Communications

    We offer you the opportunity to manage your communications from us. Even after subscribing to one or more newsletters and/or opting in to one or more offers to receive marketing and/or promotional communications from us or our third party partners, users may elect to modify their preferences by going to the Communications Preferences page anytime or by following the “Communications Preferences” and/or “Unsubscribe” link provided in an email or communication received. You may also be able to change your preferences by updating your profile or account, depending on which of our Services you are using. Please be aware that if you wish to remove yourself from a newsletter and/or other marketing emails from third parties that you consented to through the Services, you must do so by contacting the relevant third-party. Even if you do opt-out of marketing emails, we reserve the right to send you transactional and administrative emails including those related to the Services, service announcements, notices of changes to this Privacy Policy or other Services policies, and to contact you regarding any goods or services you have ordered.

14. Modifying and Deleting Your Personal Information

    If you would like to modify or delete from our database any Personal Information you previously submitted to us, please let us know by accessing and updating your profile. Please note that any Personal Information that we have copied may remain in back-up storage for some period of time after your request, and that if you delete certain information you may not be able to order services in the future without re-submitting such information. Also, please note that we will maintain Personal Information in our database whenever we are required to do so by law.

15. Security

    We have implemented commercially reasonable security measures to help protect your Personal Information from loss, misuse, or unauthorized access or disclosure; unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your User Information, we cannot guarantee its security. You use the Sites and provide us with information at your own initiative and risk. We may also require you to enter a password to access your registration information. Please do not disclose or make accessible your registration password to unauthorized people.

16. Links

    The Services may contain links to other websites that we do not control, and the Services may contain videos, advertising and other content hosted and served by third parties. We are not responsible for the privacy practices of any third-party.

17. Children’s Privacy

    The Services are intended for a general audience and are not intended for and may not be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and we do not target the Services to children under the age of 13. If your children disclose information about themselves in our public discussion areas, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. There are also commercially available tools to help you limits your children’s exposure to material online.

18. Changes

    We may update this Privacy Policy from time to time in our discretion and will notify you of any material changes to the way in which we treat Personal Information, by posting a notice on relevant areas of the Services. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any updated version of this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the Services after the effective date of the revised Privacy Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

19. Terms of Use; Dispute Resolution.

    YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

    This Privacy Policy, which shall be interpreted and read together with our Terms of Use, shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.

20. Contact Us

    If you have any questions about this Privacy Policy, please feel free to contact us by email at info@umami-insider.com.