Privacy Policy

1.Introduction

This Privacy Policy (“Privacy Policy”) governs how Consello LLC, Consello Management LP and our parent, subsidiary, and affiliate companies (collectively, “Consello”, “we”, “us”, or “our”) use Personal Information (defined below) that we collect, receive, and store about each visitor and user (each, a “user,” and specifically you, “you” or “your”) of our owned and operated website, https://consello.com, and of our other affiliated websites, subdomains, mobile versions, applications (including mobile applications), and online media under our operation and control, as well as all backup, mirror, replacement, or substitute websites or webpages we make available as part of the services we provide (collectively, the “Service”), the use of which shall be subject at all times to the Terms of Use. Any terms used but not defined herein are defined in the Terms of Use.

We are committed to respecting the privacy and privacy rights of our users and recognize the need for appropriate protection and management of information that may be used, either alone or in combination with other information, to personally identify an individual (“Personal Information”) and, as a subset thereof, “nonpublic personal information” and Personal Information that may be considered sensitive personal information under Data Privacy Laws (defined below) (collectively, “Sensitive Personal Information”) that is shared with us in connection with users’ use of the Service. You may choose whether or not to provide or disclose Personal Information in connection with your use of the Service. If you choose not to provide the Personal Information we request, you may still visit and use parts of the Service, but you may be unable to access or use certain features, options, programs, and services thereof. If you do not agree to be bound by this Privacy Policy at any time, you should not use the Service.

The Service may contain links to, or advertisements for, websites operated by third parties, including, without limitation, third-party social media platforms, which are not owned or controlled by Consello. The links to, and advertisements concerning, third-party websites, social media platforms, material, products, or services are provided for your convenience only. We are not responsible for the content, performance, or privacy practices of these third-party websites or for your interactions with them, and you visit them at your own risk. Our inclusion of links to, or advertisements for, such third-party websites or social media platforms does not imply any endorsement of the material, products, or services provided by such third-party websites or any association with such third-party websites or their owners or operators whatsoever.

2.Changes to this Privacy Policy

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete, and/or modify any or all of the terms and conditions of this Privacy Policy that apply to you. We display the effective date of this Privacy Policy at the top of this page, indicated by the “Last Updated” legend. Unless otherwise indicated, any changes to this Privacy Policy will apply immediately upon posting to the Service. If you use the affected Service after the changes become effective, it means you are agreeing to be bound by the changes to this Privacy Policy. You should check on a regular and frequent basis and review the terms and conditions of this Privacy Policy that apply to you, so you are aware of the current rights and obligations that apply to you.

3.Children’s Privacy

The Service is not intended for children under the age of thirteen (13) and we do not knowingly collect, share, or sell Personal Information from children under the age of thirteen (13). If you believe we might be in possession of any information from or about a person under the age of thirteen (13), please contact us at legal@consello.com. Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

4.Information Collected and How We Collect It

We may from time to time receive and/or collect the following categories of Personal Information:

• Identifiers, such as your name, email address, postal address, Internet Protocol (IP) address, taxpayer identification number, and phone number;
• Financial information, such as your financial account number, assets, investment experience, transaction history, capital commitment and capital contribution account balances, income, and wire transfer instructions;
• Geolocation information, such as the region in which you are located when you access the Service;
• Network activity, such as information collected from cookies and similar tracking technologies (as described below), marketing and communication preferences, browsing history, search history, and information regarding your interactions with a website, application, or advertisement;
• Inferences drawn from the categories of Personal Information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, and attitudes; and
• Sensitive Personal Information, such as your precise geolocation or government-issued identification (e.g., driver’s license or state-issued identification card number).

The sources from which we obtain Personal Information are described below.

4.1Personal Information You Provide to Us Through the Service

If you send us a “Contact” request, enter a contract with us, or enter or upload information, such as by filling in forms or payment direction instructions, on the Service, then you may provide us with, and we may collect, certain information that may constitute Personal Information.

4.2Information Provided by Third Parties

We may from time to time collect information, including Personal Information, about you through non-affiliated third parties. If you access the Service from another website that provides Personal Information about you in accordance with their privacy policy, then we may collect such Personal Information. Additionally, we may from time to time receive Personal Information from third-party sources that aggregate information from multiple sources for purposes of audience identification and email marketing.

4.3Information Collected Automatically

We may from time to time automatically collect certain information when you access or use the Service by means of various software tools described below. In such circumstances, we have a legitimate interest in using such information for log-in and systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of the Service and to otherwise personalize the Service to you. Alone or in combination with other information, such automatically collected information may constitute Personal Information.

We may automatically collect the following information, some of which may constitute Personal Information, when you access or use the Service:

• • (1) Log Files on the Service. The information inside the log files may include, among other similar types of information, IP addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages, and any other information your browser may send to us.
  • (2) Cookies. When you use or visit the Service, our servers may send a cookie to your computer. Cookies are small pieces of data that a website asks your browser to store on your computer or mobile device. A cookie contains an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies do not typically contain information that individually identifies you, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies. We use cookies to make interactions with the Service easy and meaningful. We may use cookies that are session-based and persistent. Session cookies exist only during one session and disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that, if you disable your web browser’s ability to accept cookies, you will be able to navigate the Service, but you may not be able to successfully use all the features of the Service. Information regarding how we may use different categories of cookies and your options for managing cookie settings are set forth below.

• • Required Cookies: Required cookies enable you to navigate the Service and use features, such as accessing secure areas of the Service and using our services. If you have chosen to identify yourself to us, we use cookies containing encrypted information to allow us to uniquely identify you. Each time you log into the Service, a cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These cookies allow us to uniquely identify you when you are logged into the Service and to process your online transactions and requests.

    Manage Settings: Because required cookies are essential to operate the Service, there is no option to opt out of these cookies.

  • Performance Cookies: These cookies collect information about how you use the Service, including which pages you go to most often and whether you receive error messages from certain pages. These cookies do not collect information that individually identifies you. All information collected by these cookies is aggregated and anonymous. They are only used to improve how the Service functions and performs. From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit the Service.

    Manage Settings: To learn how to opt out of performance cookies using your browser settings, click here.

  • Functionality Cookies: Functionality cookies allow the Service to remember information you enter and choices you make (such as your username, language, or your region), and to provide enhanced, more personal features. These cookies also enable you to optimize your use of the Service after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.

    Manage Settings: To learn how to opt out of functionality cookies using your browser settings, click here.

  • Targeting or Advertising Cookies: From time to time, we may track and analyze usage and volume statistical information from individuals who visit the Service. We sometimes use our own cookies as well as cookies delivered by third parties to track the performance of advertisements. For example, we may use cookies to remember which browsers have used or visited the Service. The information provided from third parties does not include Personal Information, but this information may be re-associated with Personal Information after we receive it. For example, as you browse the Service, cookies may be placed on your computer so that we can understand what you are interested in. Our advertising partners then enable us to present you with retargeted advertising on other sites based on your previous interaction with the Service. We also may contract with third-party advertising networks and similar partners that collect IP addresses and other information from web beacons (see below) through the Service, from emails, and on third-party websites. Ad networks follow your online activities over time by collecting website navigational information through automated means, including through the use of cookies. They use this information to provide advertisements about products and services tailored to your interests. You may see these advertisements on other websites. This process also helps us manage and track the effectiveness of our marketing efforts. Third parties with whom we may partner to provide certain features through the Service or display advertising based upon your web browsing activity use cookies to collect and store information.

    Manage Settings: To learn more about these and other advertising networks and their opt-out instructions, click here.

4.4Other Tracking Technologies

When you use or visit the Service, we may collect your IP address to track and aggregate information. For example, we may use IP addresses to monitor the regions from which you navigate the Service. We may also use, either alone or in conjunction with cookies, clear electronic images called web beacons that can recognize certain types of information on your computer, such as cookies, when you viewed a particular site tied to the web beacon to compile information about your usage of the Service and interaction with email communications from us and to operate and improve the Service and our email communications. For example, we may place web beacons in email communications (including, without limitation, marketing emails) that notify us when you click on a link in the email that directs you to the Service.

5.The Purposes For Which We Use Personal Information

If you submit or we collect Personal Information through the Service or as otherwise described above, we may use such Personal Information for the following general purposes:

• To comply with applicable law, including, without limitation, under U.S. federal, state, local, and foreign laws, regulations, rules, judicial or governmental orders or requests, legal process, and treaties (as may be amended from time to time, collectively, “Applicable Law”);
• To provide, analyze, administer, improve, and personalize the Service;
• To communicate with you in connection with the Service and/or products you have purchased or may have shown an interest in purchasing, and other products, services, events, or offerings made available through the Service;
• To send you updates and promotional materials pertaining to Consello or the Service;
• To identify and authenticate your access to the parts of the Service that you are authorized to access;
• For research and development relating to the Service and the products and services we offer and/or provide to you;
• For electronic direct marketing in compliance with Applicable Law;
• To protect our rights and/or our property and to ensure the technical functionality and security of the Service;
• For the performance of our contract with you or to take steps at your request before entering into a contract; and
• Where you have given actual or constructive consent.

6.Disclose Personal Information

We do not sell, share, lease, rent, or otherwise disclose (as such terms are used under Data Privacy Laws) the Personal Information collected on or through the Service to third parties unless otherwise stated below or with your consent.

6.1Our Third-Party Providers

We may transfer Personal Information you provide to us through the Service to our third-party service providers and business partners to perform tasks on our behalf and to assist us in providing the Service, including, without limitation, to brokers, fund administrators, and financial institutions with whom Consello has joint marketing arrangements (i.e., a formal agreement between financial companies that jointly market financial products or services to you, such as placement agents). We will comply with Applicable Law regarding Personal Information transfers and use commercially reasonable efforts to only engage or interact with third-party service providers and business partners that take appropriate measures to protect your Personal Information; however, it is the responsibility of each of those third-party service providers and business partners to comply with Applicable Law and their respective privacy policies, and we take no responsibility for their privacy practices and compliance.

6.2In the Event of Merger, Sale, or Change of Control

Consello may assign or transfer its rights and/or delegate its obligations under this Privacy Policy and transfer any Personal Information to any third-party company or entity that either acquires or is acquired by Consello, or is merged with or into Consello, as part of a merger, acquisition, sale, or other change of control.

6.3Other Disclosures

We may disclose Personal Information about you if required to do so by Applicable Law or if we believe in good faith that such disclosure is reasonably necessary or helpful to (i) comply with legal process, (ii) enforce the Terms of Use, including investigations of potential violations thereof, (iii) detect, prevent, or otherwise address fraud or security issues, or (iv) protect the rights, property, or personal safety of Consello, other Service users, and the public.

7.Retention of Personal Information

We will keep your Personal Information while you have an account with us or while we are providing services to you. Thereafter, subject to any Applicable Law, we may hold Personal Information about you for as long as is necessary:

• To fulfill the purposes described in Section 5 above (“The Purposes For Which We Use Personal Information”), including, without limitation, to comply with Applicable Law; or
• To respond to any questions, complaints, or claims made by our or on your behalf.

We will not retain your Personal Information for longer than necessary for the purposes set out in this Privacy Policy.

8.Your Rights

8.1Rights Relating to Personal Information

If you have an Account on the Service, we provide access to – and the ability to edit or delete – certain categories of Personal Information through your Account on each of our supported domains. We also permit you to:

• Delete all content browsing information and opt-out of further participation in data associated with the current device you use to use or browse the Service; and
• Subject to Applicable Law, if you would like to access, amend, correct, delete, export (e.g., data portability), object to the processing of Personal Information collected in and through the Service, or withdraw your consent (as applicable), you may submit a request to Consello’s Legal Department either by email at legal@consello.com or by mail at 590 Madison Avenue, New York, NY 10022, United States of America. We will promptly review all such requests in accordance with Applicable Law. Depending on where you live, you may have a right to lodge a complaint with a regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you, though we encourage you to first reach out to us via email at legal@consello.com so we have an opportunity to address your concerns directly before you do so.

8.2Email Notifications and Opt Out

We maintain a strict “no spam” policy. Unless you requested otherwise in your account settings at the time of your initial registration or specifically opt out as provided herein, by accepting this Privacy Policy, you expressly agree that we may use your information to contact you by email to deliver information that is relevant to your use of the Service such as administrative notices, product/service enhancements or “newsletters,” or marketing and promotional information related to the Service. You may choose to stop receiving these email communications from us by following the instructions included in such communications or by contacting us at legal@consello.com. If a third-party vendor provides such newsletters, you may unsubscribe in accordance with the instructions provided in such newsletters or by such vendor.

If you are having problems unsubscribing, please contact us at legal@consello.com by forwarding the newsletter, if applicable, to legal@consello.com and including in the Subject line the word “Unsubscribe,” and you will be removed within ten (10) business days. Please note that we will not process any unsubscribe requests submitted as direct replies to any newsletter.

9.Data Security

The security of Personal Information is important to us. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. For example, we have implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information from unlawful use, unauthorized access, or disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security.

10.How We Respond To ‘Do Not Track’ Signals

As explained above in Section 4.4, the technologies used through the Service may be used to track Service users’ activity through the Service. How browsers communicate user preferences related to the Do Not Track signal is not yet uniform, so a standard technological response has not yet been developed. For this reason, the Service may not respond to Do Not Track signals at this time.

11.Transfers of Personal Information from the European Union (EU) or European Economic Area (EEA), the United Kingdom (UK), or Switzerland to the United States of America

To communicate with you or provide the Service, the information (including Personal Information) that we collect from you may be transferred to, stored, used, and processed by Consello in the United States of America or one of our service providers based inside or outside of the United States of America. Such entities may be engaged in, among other things, preparing and sending notifications and the provision of support services.

If you are visiting from the European Union or the broader European Economic Area or other regions with laws governing information collection and use that may differ from those of the United States of America or any one or more of its individual States, please note that you are transferring your Personal Information to the United States of America. The laws of some countries may not provide the same levels of protection of Personal Information as your home country, particularly if you are resident in the European Union or the broader European Economic Area. By submitting information, you agree to the collection, transfer, storage, use, and processing of information about you for the purposes described in this Privacy Policy. When you provide Personal Information to us or our service providers or business partners, you consent to the processing of your information in the United States of America as the Service is offered from the United States of America. We will take reasonable steps to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers and business partners.

You acknowledge that the laws of the United States of America and its individual States treat your information in a manner that may be substantially different from, and less protective than, the treatment required under the laws of other countries and jurisdictions. If you do not want your information transferred to the United States of America, you should not share your information with us, or make use of the Service.

To the extent allowed by the law of the country in which you are located, you expressly waive any right you may have to require us to treat your identifying information in accordance with the laws of any country or jurisdiction other than the United States of America. However, the foregoing waiver may not be legally binding in some countries, such as the member states of the European Union or the broader European Economic Area. To the extent it is not legally binding in the country in which you are located, this foregoing waiver does not apply to you.

12.NOTICE TO RESIDENTS OF THE EUROPEAN UNION, EUROPEAN ECONOMIC AREA, AND UNITED KINGDOM

European Economic Area and United Kingdom data protection law requires a “lawful basis” for collecting and retaining Personal Information from citizens or residents of the European Economic Areas and the United Kingdom, respectively. Our lawful basis for collecting such information about you is permitted under Article 6, Sections 1(a), 1(b), 1(c) and 1(f) of the EU general data protection regulation 2016/679 (as amended from time to time, and as adopted by the United Kingdom, “GDPR”), which are summarized below.

• Consent: In certain cases, you have affirmatively provided us with your consent to collect your Personal Information for a specific purpose, such as providing your Personal Information when you contact us through the Service or enter a contract with us.
• Contract: We may need your Personal Information to comply with our contractual obligation to deliver the Service, such as fulfilling any future transactional services.
• Legal Obligations: Sometimes the law requires us to collect and use your Personal Information, such as applicable tax laws that may require us to retain records of payments made through the Service or through our contract with you.
• Legitimate Interests: This is a technical term that means we have a good and fair reason to use your Personal Information and we do so in ways which do not harm your interests and rights, such as to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom, or interests. For example, we (i) use identity, device, and location information to prevent abuse of the Service by users and to keep the Service secure, (ii) may also send you promotional communications about our Service subject to your right to opt-out, and (iii) analyze how users interact with our Service so we can understand better what elements do or do not work well, what services/functionalities may be necessary or desirable to provide you with the best user experience on the Service, and to ensure the safety and security of the Service, which allows us to improve and develop the quality of the online experience we offer all our users.

In accordance with GDPR, as a resident of the European Union, European Economic Area, or the United Kingdom, you have the following rights with respect to your Personal Information:

• If the processing of Personal Information is based on your consent, the right to withdraw consent for future processing of such Personal Information;
• The right to request access to and rectification of your Personal Information;
• The right to request restriction of the processing of your Personal Information;
• The right to request erasure of your Personal Information; and
• The right to receive, in a structured, commonly used and machine-readable format, the Personal Information you have provided to us based on your consent or a contract, and have such Personal Information transmitted to another company, where technically feasible (Data Portability).

To make a request pursuant to your GDPR rights, you must contact Consello’s Legal Department either by email at legal@consello.com or by mail at 590 Madison Avenue, New York, NY 10022, United States of America. If you are not satisfied with our response to any appliable request made pursuant to your rights under GDPR, you also have the right to lodge a complaint about the processing of your Personal Information with your local data protection authority.

13.NOTICE TO RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, UTAH, AND VIRGINIA

California, Colorado, Connecticut, Utah, and Virginia Residents: Pursuant to, respectively, the California Consumer Privacy Act, the California Privacy Rights Act, the Colorado Privacy Act, the Connecticut Personal Data Privacy and Online Monitoring Act, the Utah Consumer Privacy Act, and the Virginia Consumer Data Protection Act (collectively, as may be amended from time to time, “US Data Privacy Laws,” and together with The Gramm-Leach-Bliley Act’s Privacy of Consumer Financial Information Rule and GDPR, “Data Privacy Laws”), you have certain rights with respect to your Personal Information. For the purposes of this Section 12, Personal Information is used as defined under US Data Privacy Laws. Consello reserves the right to verify all requests made pursuant to US Data Privacy Laws.

13.1Requests to Know

You have the right to request that we disclose:

• The categories of Personal Information we have collected about you;
• The categories of sources from which we have collected Personal Information about you;
• Our use of the Personal Information we have collected about you;
• The business or commercial purposes for selling or collecting Personal Information about you;
• The categories of Personal Information sold, shared, or disclosed about you, as well as the categories of third parties to whom the Personal Information was sold, by category of Personal Information for each party to whom Personal Information was sold; and
• The specific pieces of Personal Information collected about you for the twelve (12) months prior to the date of your request.

The delivery of our response to your request to know may take place electronically or by mail. We are not required to respond to requests to know more than twice in a twelve (12)-month period.

13.2Requests to Delete

You have the right to request that we delete any Personal Information about you that we have collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the Personal Information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the Personal Information, provide a good or service 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 products 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 Applicable Law;
• 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 an obligation under Applicable Law; and/or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

13.3Right to Opt Out of the Sale or Sharing of Personal Information and/or Sensitive Personal Information

You have a right to opt out of the sale or sharing of Personal Information and/or Sensitive Personal Information. You may, at any time, direct us to not sell or share Personal Information and/or Sensitive Personal Information about you to third parties. If you exercise your right to opt out of the sale or sharing of Personal Information and/or Sensitive Personal Information about you, we will not sell or share Personal Information and/or Sensitive Personal Information about you. Any Personal Information and/or Sensitive Personal Information collected in connection with your request will be used only to facilitate that request. You may submit opt out requests by emailing us at legal@consello.com.

13.4Requests to Correct Inaccurate Personal Information

You have the right to request that we correct inaccurate Personal Information that we maintain, or which pertains to you. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate Personal Information.

13.5Authorized Agents

You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney may submit a request on your behalf.

13.6Methods for Submitting Consumer Requests and Our Response to Requests

To make a request pursuant to your US Data Privacy Laws rights, you must contact Consello’s General Counsel either by email at legal@consello.com or by mail at 590 Madison Avenue, New York, NY 10022, United States of America.

Upon receipt of such request, we may ask you for additional information to verify your identity. Any additional information you provide will be used only to verify your identity and not for any other purpose. We will acknowledge the receipt of your request within ten (10) days of receipt. Subject to our ability to verify your identity, we will respond to your request within forty-five (45) days of receipt. To protect your privacy and the security of Personal Information about you, we verify your request by requesting for additional identifying information that will only be used to verify your identity and for no other purpose.

13.7Categories of Personal Information We Have Sold or Shared in the Last Twelve (12) Months

We have not sold or shared (as such terms are defined under US Data Privacy Laws) any categories of Personal Information during the last twelve (12) months.

13.8Categories of Personal Information We Have Disclosed for a Business Purpose in the Last Twelve (12) Months

We have disclosed the following categories of Personal Information for a business purpose during the last twelve (12) months:

• Identifiers, such as your name, email address, postal address, Internet Protocol (IP) address, taxpayer identification number, and phone number; and
• Financial information, such as your financial account number, assets, investment experience, transaction history, capital commitment and capital contribution account balances, income, and wire transfer instructions.

13.9The Right to Non-Discrimination

You have the right not to be discriminated against for the exercise of your US Data Privacy Laws rights described above. Unless permitted by US Data Privacy Laws, we will not as a result of such exercise:

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

14.Contact Us

If you have any questions about this Privacy Policy, please contact Consello by email at legal@consello.com.