Tagomi privacy notice

Introduction

This Privacy Notice applies to any personal data of customers and visitors (we refer to each natural person, customer or visitor as a “User” or “you”) that Tagomi Holdings, Inc., and its subsidiaries and affiliates, including Tagomi Trading, LLC (collectively, “Tagomi,” “we” or “us”), collect via www.tagomi.com and any other websites and mobile apps that reference this notice (collectively, the “Website”) and via the products and services that you obtain from Tagomi (collectively, the “Services”). It describes how we collect, use, retain and share personal data. By using the Website or the Services, you acknowledge that you have read and understand this Privacy Notice. This Privacy Notice does not apply to any other websites, apps or services provided by us, our affiliates or our clients, unless it appears on such website, app or service. This Privacy Notice is provided to you in conformity with Regulation S-P, 17 CFR 248.1-248.3, under section 504 of the Gramm-Leach-Bliley Act.

Important information and who we are

Purpose of this privacy notice

This Privacy Notice aims to give you information on how Tagomi collects and processes your personal data through your use of this Website and the Services.

It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Notice supplements the other notices and is not intended to override them.

Controller

Tagomi is made up of different legal entities, including Tagomi Holdings, Inc. and Tagomi Trading, LLC (collectively, “Tagomi Group”). This Privacy Notice is issued on behalf of the Tagomi Group so when we mention "Company", "we", "us" or "our" in this Privacy Notice, we are referring to the relevant company in the Tagomi Group responsible for processing your data. We will let you know which entity will be the controller for your data when you purchase a product or service with us. Tagomi Trading, LLC is the controller and responsible for this Website and for the Services.

We have appointed a data protection officer (“DPO”) who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us using the details set out below.

Contact details

Our full contact details are as follows:

Full name of legal entity: Tagomi Trading, LLC
Name or title of DPO: Tagomi Data Officer
Email address: privacy@tagomi.com

You have the right to make a complaint at any time to your local Supervisory Authority. We would, however, appreciate the chance to deal with your concerns before you approach your Supervisory Authority so please contact us in the first instance and we will do our very best to deal with your concerns.

Changes to your personal data; changes to this privacy notice

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. In addition, please note that we reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Notice at any time. However, if at any time in the future we plan to use your information in a way that materially differs from this Privacy Notice, we will post such changes here and email you. We encourage you to periodically review the Website and Services for the latest information on our privacy practices. You are bound by any changes to the Privacy Notice when you use the Website or Services after such changes have been first posted.

Collection and use of data

Categories of data we collect

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We do not collect personal data about you unless you voluntarily submit that information to us or that information is collected via certain automated technologies discussed below.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name, last name, username or similar identifier.
  • Contact Data includes address, email address and telephone numbers.
  • Profile Data includes your username and password, as well as your interests, preferences, feedback and survey responses.
  • Company Data includes information about your company, including the type of institution, company location, accredited investor status, investment style, method of placing trading orders, location of bank accounts, and anticipated trading volume and balance with Tagomi.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties, your interest in signing up for premium services and youg communication preferences.

If you fail to provide personal data

Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our Website or Services). In this case, we will not be able to provide our Website or Services to you.

How is your personal data collected?

We use different methods to collect data from and about you, such as:

Direct interactions. You may give us your personal data when you:

  • apply for our Services;
  • create an account on our Website;
  • subscribe to our Services or publications;
  • request email or marketing to be sent to you;
  • contact us; or
  • give us feedback.

How we use your personal data

Our use of your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you;
  • To perform specific Services that you have requested;
  • To respond to your direct inquiries;
  • To open accounts, perform background checks, perform credit checks, perform transactions, prevent fraud, report to credit bureaus and to the Department of Treasury, Financial Crimes Enforcement Network;
  • To provide, maintain, improve and secure the Services and develop and offer new products and services;
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
  • To send you marketing materials (please see below for further details); and
  • Where we need to comply with a legal or regulatory obligation.

We will also process your personal data in accordance with your consent. You have the right to withdraw consent to marketing at any time by contacting us at privacy@tagomi.com. Below are other types of lawful basis that we may rely on to process your personal data:

  • Legitimate Interest means our interest in conducting and managing our business to enable us to give you the best Services/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at privacy@tagomi.com.
  • Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  • Comply with a Legal or Regulatory Obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at privacy@tagomi.com if you need details about the specific legal grounds on which your personal data is being processed.

Disclosures of your personal data

We may share your personal data with the parties set out below:

  • Third parties (including service providers acting as processors) to aid us with opening accounts, performing background checks, credit checks and transactions, preventing fraud, reporting to credit bureaus and the Department of Treasury, Financial Crimes Enforcement Network and other federal and state regulatory agencies, and otherwise to provide, maintain, improve and secure the Website and Services and develop and offer new products and services.
  • Third parties working on behalf of or with Tagomi to provide (i) information about our products or Services, or (ii) the products or Services requested by you. These third parties are subject to confidentiality agreements and do not have any independent or legal right to share your personal data.
  • Other members of the Tagomi Group for their own marketing purposes, to offer those affiliates’ products and services to you, and for other purposes permitted by law, to the extent you have consented to such use. For clarity, Tagomi will not disclose personal data to non-affiliates to market their products and services to Users.

Tagomi reserves the right to disclose personal data it collects: (i) if Tagomi believes it is necessary to do so in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this Website or Services’ Terms of Use or as otherwise required by law; (ii) when Tagomi believes that disclosure is necessary to protect its legal rights and/or to comply with a judicial proceeding, court order (including in U.S. Bankruptcy Court), or legal process served on Tagomi; or (iii) to transfer information in the event of a merger, acquisition, transfer of assets, or other organizational restructuring or change of control.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at privacy@tagomi.com.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

  • Promotional offers from us: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this “marketing”). You will receive marketing communications from us if you have requested information from us or used our Services and, in each case, you have not opted out of receiving that marketing.
  • Third-party marketing: We currently do not share your personal data with third parties for their own marketing purposes. We will get your express opt-in consent before we share your personal data with any company outside our company for marketing purposes.

To see how you can opt out of marketing communications, please see the Opt-Out section below.

Opt out

Opting out of messages from us

To opt-out of any future promotional messages from us, you should send an unsubscribe request to us at privacy@tagomi.com. We will process your request within a reasonable time after receipt. Please note that if you opt out in this manner, certain aspects of the Website or Services may no longer be available to you.

Withdrawing your consent

If you have given us consent to process your personal data, you have the right to withdraw your consent at any time. See the section titled Your Legal Rights for more information on withdrawing your consent.

Linked sites and social networking platforms

As a convenience to you, the Website and Services may provide links to third party websites, apps or services. We are not responsible for the privacy practices or content of these third party websites, apps or services, and by providing a link we are not endorsing or promoting such third party websites, apps or services. When you link away from our Website or Services, you do so at your own risk. We encourage you to read the policies of every website, app or service you visit.

The Website or Services may integrate with social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Website or Services, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly. You should be aware that personally identifiable information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your personally identifiable information, and by using such third-party services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties.

Confidentiality and security of personal data

Tagomi maintains commercially reasonable physical, electronic and procedural safeguards that comply with applicable laws and regulations to protect the confidentiality of your personal data. For example, if you enter sensitive information into the Website or Services, Tagomi encrypts that information using secure socket layer technology (SSL) for transmission between you and Tagomi. However, as no method of transmission over the Internet, nor method of electronic storage, is 100% secure, Tagomi cannot guarantee the absolute security of your personal data.

Data retention

We retain your information for as long as needed for our functions or activities or to comply with our legal obligations (such as reporting to regulatory authorities), to resolve disputes and to enforce our rights. We also may retain your information to support our business operations and develop our Website or Services. The criteria used to determine our data retention periods include: (i) how long the personal data is needed to provide the services and operate the business; (ii) the type of personal data collected; and (iii) whether we are subject to a legal, contractual or similar obligation to retain the data (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes.) When we no longer need to use your information, we will take steps to properly anonymize or destroy it. We may retain information that is not personally identified to an individual User, including without limitation anonymized data and aggregate information, in our discretion.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

  • Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons, and if that is the case, we will notify you at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or Services to you. We will advise you if this is the case at the time you withdraw your consent.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

To exercise your rights, please contact us at privacy@tagomi.com.

Children’s personal data

Our Website and Services are designed for persons 18 years of age and older. We do not knowingly collect information from minors. If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.

International transfers

Our Website and Services are maintained in the United States. If you are visiting from the regions with laws governing data collection and use that may differ from those in the United States, please note that you may be transferring your information to the United States and in other countries around the world. You freely and specifically give us your consent to export and use your information within the United States and in other countries as specified in this Privacy Notice. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States. If you are situated in the EU, whenever we transfer your personal data to processors outside of the EU, we ensure appropriate and suitable safeguards are used in such transfer. We may use specific contracts approved by the European Commission which give personal data the same protection it has in the EU. For further details, please contact us at privacy@tagomi.com.