HedgEye On The Prize Privacy Notice and Policy

Date: August 22, 2022

1. Application

Hedgeye Risk Management, LLC (“Hedgeye” or “we” or “us or “our”) appreciates your participation in HedgEye On The Prize (the “Contest”) and values your privacy. This privacy notice and policy (“Privacy Policy”) explains our privacy practices for the information we collect, obtain, store, use, and process (collectively “Process” or “Processes”) in connection with the Contest. This Privacy Policy applies to information, including information about an identified or identifiable individual (“Personal Information”), that Hedgeye collects and/or processes about you when you visit HedgEyeOnThePrize.com or https://hedeyeontheprize.stocktrak.com (the “Contest Website”) or register for and participate in the Contest.

Hedgeye reserves the right to modify this Privacy Policy at any time, without prior notice, by posting revisions to the Contest Website. Such modifications shall be effective upon posting. As with any other provisions of the Contest Terms & Conditions, if you object to any such modifications, your only recourse is to discontinue participation in the Contest and/or use of the Contest Website.

If you access Hedgeye’s primary website, www.hedgeye.com, use, subscribe to, or receive, Hedgeye’s research services, or opt-in to Hedgeye’s general advertisements, marketing communications, surveys, or newsletters, the collection and use of your information is covered by Hedgeye’s standard privacy policy available at https://www.hedgeye.com/pages/privacy_policy (not this Privacy Policy).

2. The Information We Collect and How We Collect It

Hedgeye collects your personal information from Stock-Trak Inc. (“Stock-Trak”), who collects it directly from you, on our behalf, when you provide it during the registration process, and from your activity on the Contest Website, including automatically from your browser or device through cookies or similar technologies on the Contest Website.

We collect and process the following information in connection with your participation the Contest and use of the Contest Website: first and last names, email addresses, telephone numbers, Internet protocol (“IP”) addresses, states, provinces, and/or countries of residence, contest usernames and passwords, unique identifiers (such as information collected through cookies) and information about activity and participation in the contest, including activity on the Contest Website, Contest ranking, portfolio value, positions, and transactions.

(a) Cookies on the Contest Website:

The Contest Website contains cookies and similar technologies for functionality, performance, marketing, and advertising purposes. Some of these cookies are necessary for the Contest Website to function properly and determine if a user is logged in. The other cookies collect aggregated website statistics that are not associated with your personal information, detect your activity on the Contest Website, and enable us to advertise our services and measure advertising effectiveness.

(b) Controlling and Disabling Cookies:

If you do not accept the use of cookies, you may set your browser settings to disable or control cookies. Most browsers are set to accept cookies by default. If you prefer, you can usually set your browser to disable cookies, or to alert you when cookies are being set. Additionally, you may delete cookies after they have been set. The help function on most browsers and mobile devices contains instructions on how to set your browser to notify you before accepting cookies or disable cookies entirely. You need to set each browser, on each device you use to surf the internet. Thus, if you use multiple browsers (e.g., Chrome, Safari, Internet Explorer, Firefox, etc.), you should repeat this procedure with each. Similarly, if you connect to the internet from multiple devices (e.g., work and home), you need to set each browser on each device.

Depending on your jurisdiction, you may be able to utilize additional cookie management tools. However, if you disable cookies or refuse to accept a request to place a cookie, it is possible that some parts of the Contest Website, including areas for which you need to log in, will not function properly.

(c) Analytics and Interest-Based Advertising:

We use Google Analytics to collect anonymized and aggregated statistical information about access and use of the Contest Website. We do not collect personal information via Google Analytics. For more information about how Google collects and uses data, including how to opt out of Google Analytics by installing the Google Analytics Opt out Browser Add-on, please visit: https://policies.google.com/technologies/partner-sites

Hedgeye and its advertising partners, including social media platforms, may also place or recognize unique cookies on your computer or use other electronic tools to help display interest-based advertisements that you see on the Contest Website or other websites. Information about your visits to the Contest Website and other websites, an IP address, the number of times you have viewed an advertisement, and other such usage information is used, alone or in combination with other information, to display advertisements that may be of particular interest to you. We use pixels or web beacons, provided by third-party advertising companies, to help manage and optimize our online advertising and product performance. Web beacons enable us to recognize a browser’s cookie when a browser visits our website, and to learn which ads bring users to the Contest Website. The use and collection of your information by these third-party service providers and advertising partners is not covered by this Privacy Policy. A list of our advertising partners and their privacy policies is available upon request.

For more information about targeted advertising or to opt out of receiving interest-based advertising please visit: https://optout.networkadvertising.org/?c=1 and https://youradchoices.com/ if you are accessing the internet from the United States. Residents of Europe may learn how to opt out of interest-based advertising by visiting: https://youronlinechoices.eu/. Residents of the UK may learn how to opt out of interest-based advertising by visiting: https://www.youronlinechoices.com/uk/. Residents of Canada may learn how to opt out of interest-based advertising by visiting: https://youradchoices.ca/en/tools. Residents of Australia may learn how to opt out of interest-based advertising by visiting: https://youronlinechoices.com.au/opt-out/. Please be advised that, as noted in Section 4 above, you must select these choices on each browser, on each device that you use.

Note that even if you exercise choice for targeted advertising, you will still receive online advertising.

3. Consent

You authorize Stock-Trak to collect and provide us access to your personal information and consent to our collection, processing, and disclosure of your personal information as described herein by accepting the Contest Terms and Conditions and registering to participate in the Contest.

4. Use of information

Your personal information will only be used for the purpose for which it was collected according to the Contest Terms and Conditions. As therein described, we may use your personal information for the following business purposes:

  • To administer and publicize the Contest, including identifying participants, assessing eligibility, selecting and contacting winners, communicating results, providing participants with updates and information, awarding prizes, and publicizing and promoting the Contest.
  • To contact participants for marketing purposes, to provide information about products and services;
  • To advertise the Contest;
  • To promote opportunities to subscribe to newsletters and other research products;
  • To promote contests similar to the Contest; and
  • To comply with legal and regulatory requirements and industry standard good business practices.
5. Disclosure of Information

We may share your information with service providers and contractors who support our service, including email service providers, cloud computing services, web hosting providers, and marketing and customer relationship management providers, and with third-party advertising and analytics providers, as necessary to fulfill the business purposes for which the information was collected in accordance with the Contest Terms and Conditions. Our disclosure of your information to these providers is governed by contracts or policies that limit their processing of and safeguard your information. We also may disclose your personal information to parties with whom we do not have a relationship, provided we believe in good faith that such disclosure is necessary or appropriate to: (A) comply with any applicable law, rule or regulation, or in response to a subpoena, court order or other legal process; or (B) to protect the interests, rights, safety or property of Hedgeye or others.

By accepting the Contest Terms and Conditions, you acknowledge and agree that your information, including your username, Contest rank, and portfolio value, may be viewed by other registered Contest participants on the Contest Website and otherwise publicized by Hedgeye as part of the Contest process.

6. Protection of your information

We are committed to protecting your personal information. We store your information on our secure servers and use technical and organizational measures, including internal policies and procedures, to protect it. Access to personal information is limited to Hedgeye employees processing personal information in furtherance of the purposes stated herein, and who have agreed to maintain the security and confidentiality of personal information and the contractors, service providers, and third-party processors referenced in Section 5.

7. Data Retention

We retain your information for so long as reasonably required or permitted to fulfill the purposes for which the data was collected, including administering and publicizing the Contest and providing information about our products and services. Thereafter, we will retain personal information so long as appropriate to comply with applicable legal or regulatory obligations or to defend against claims.

8. Child Policy

The Contest is limited to participants 18 years of age and older. The Contest and the Contest Website are not intended for children under the age of 18 and Hedgeye will not knowingly collect or use personally identifiable information from anyone under 18 in connection with the Contest.

9. Disclaimers

While we do our best to protect your personal information, we cannot ensure or warrant the security of any information you provide in connection with the Contest, and you do so at your own risk. You are responsible for maintaining the secrecy of your Contest password.

10. Contacting Hedgeye About your Information or Preferences

You may opt out of any communications from Hedgeye by completing the “opt out” or “unsubscribe” function made available to you through the Services or our Communications. You may also “opt out” by notifying us via email at support@hedgeye.com. We reserve the right to contact you as necessary to administer the Contest. Generally, you may not opt out of these communications, which are not promotional in nature and which you have consented to pursuant to the Contest Terms and Conditions.

Depending on your place of residence, you may have the right to have your information deleted from our records, subject to applicable record keeping requirements; and/or make other inquiries relating to this Privacy Policy or our use of your personal information.

Please submit inquiries or requests regarding our Privacy Policy or practices or your personal information to support@hedgeye.com or made by postal certified letter mail to:

Hedgeye Risk Management, LLC
Attn: Legal Department
1 High Ridge Park, 3rd Floor
Stamford, CT 06905

If you would like to withdraw from the Contest after registering, please make your request by submitting a form to https://hedgeyeontheprize.stocktrak.com/contactus.

11. Additional Information for California Residents

The California Consumer Privacy Act (“CCPA”) grants California consumers specified rights relating to the personal information that businesses collect and requires that businesses provide certain information about collection practices.

a. Your CCPA Rights

If you reside in California, you have the right to request: (i) that we inform you of the personal information we have collected, used, sold, and disclosed about you in the preceding 12 months; (ii) that we delete your personal information unless certain exceptions apply; and (iii) that we refrain from selling your personal information. You also have the right to not receive discriminatory treatment for exercising the privacy rights conferred by the CCPA.

To exercise any of these privacy rights, or for more information about our privacy practices, please contact us at support@hedgeye.com or via certified letter at the postal address listed in Section 10 above. We will verify your identity using the email address associated with your Contest registration. You may have an authorized agent submit a request on your behalf, however, we will still need to verify your identity via the email address associated with your Contest registration.

Please note that we may not delete your personal information if it is necessary to: 1) complete the transaction for which the personal information was collected, provide a service you requested, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; (2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; (3) Debug to identify and repair errors that impair existing intended functionality; (4) Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; (5) comply with an existing legal obligation; or (6) otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information. Additionally, please be advised that you cannot participate in the Contest if we delete your information at your request.

b. Notice of Personal Information Collected and Disclosed and the Purpose of Processing

Over the last twelve (12) months, we have collected the following categories and specific types of personal information: Identifiers (first and last names, email addresses, telephone numbers, Internet protocol (“IP”) addresses, and unique identifiers (such as information collected through cookies)), Customer Information (including information subject to Cal. Civ. Code Sec. 1798.80(e)) (usernames and passwords), and Internet or Other Electronic Network Activity Information (information regarding a consumer’s interaction with a website or advertisement). We have collected this information from Stock-Trak Inc and from the Contest Website, including through your registration and automatically from browsers and devices. Over the last twelve (12) months we have processed this information for the business purposes listed in Section 4 above. Over the last twelve (12) months, we have disclosed Identifiers, Customer Information, and Internet or other electronic network activity information to the categories of service providers and contractors described in Section 5 above to fulfill the business purposes listed in Section 4 above. Additionally, have disclosed Identifiers and Internet or Other Electronic Network Activity Information to third-party advertising and analytics providers to fulfill the business purposes listed in Section 4 above.

c. Right to Opt out of Sale of Personal Information

Hedgeye values your privacy and we do not sell your Personal Information in exchange for money. Hedgeye allows advertising and analytics providers to collect information on the Contest Website using cookies and other tracking technologies to help us display interest-based advertising and to provide analytics services. You may opt out of having your information shared for analytics and targeted advertising as described in Section 2(c) above.

d. Non-discrimination

Hedgeye will not discriminate against you if you exercise any of your privacy rights. However, please be advised that you cannot participate in the Contest if you do not permit us to collect and process personal information referenced in the Privacy Policy.

12. Additional Information for EEA and UK data subjects

a. Your Data Privacy Rights

Data subjects in the EEA and the UK have the right to access or correct or receive a copy of any personal data that Hedgeye Processes about you. You also have the right to withdraw your consent for any data Processing that is based on your consent. In certain circumstances, you also have the right to request that we delete your personal data or object to or restrict our Processing of your personal data. In order to exercise any of these data privacy rights, please contact us at support@hedgeye.com or via certified letter at the postal address listed in Section 10 above. You may also correct, delete or update the personal information associated with your Contest registration subscription account by submitting request form at https://hedgeyeontheprize.stocktrak.com/contactus.

Please note that we may not delete your Personal Information if: 1) it is still necessary in relation to the purpose for which it was collected, for example, to provide a service you requested; 2) it must be retained to comply with law, rule, regulation or industry standard (including email retention policies applicable to the certain financial service entities such as Hedgeye; or 3) it is necessary for the establishment, exercise or defense of legal claims. Where we are unable to delete Personal Information, we may anonymize it so that it can no longer be linked to you. We will retain an anonymized record of all requests for deletion to comply with our legal obligations. Additionally, please be advised that you cannot participate in the Contest if we delete your information at your request.

b. Legal basis for Processing

Hedgeye Processes the Personal Information described above in connection with the following legal bases:

i. As necessary to perform a contract with you, including enabling you to participate in the Contest and providing you information in connection therewith.

ii. As necessary to pursue our legitimate interests or those of a third party, for example, our legitimate interests in promoting the Contest and our services, and communicating with Participants about the Contest and products and services that may interest them.

iii. To comply with our legal and regulatory obligations; or

iv. Where you have given your consent to the Processing, which may be withdrawn.

c. Transfers of information

Hedgeye and its service providers Process information in the U.S. and other jurisdictions. If we transfer Personal Information from Europe or the UK to third parties outside of those jurisdictions, we will take measures, including through contracts, to ensure that the information continues to be protected wherever it is processed and, in a manner, consistent with the standards of protection required under applicable law.

d. Questions or complaints

If you have any questions or concerns about our Processing of your Personal Information, please contact us at support@hedgeye.com or via certified letter at the postal address listed in Section 10 above. If we cannot resolve your questions or concerns, you have the right to make a complaint with the Data Protection Authority where you reside. For data subjects in the European Economic Area, that information may be found here: https://edpb.europa.eu/about-edpb/about-edpb/members_en. For data subjects in the United Kingdom, the contact information for the ICO is available here: https://ico.org.uk/global/contact-us/#:~:text=You%20can%20call%20us%20on,contact%20us%20via%20live%20chat.