1.a. “Company”, “we”, “us”, “our”, means 42 Macro, LLC.
1.b. “Personal information” means any information relating to an identified or identifiable individual.
1.c. “Mobile Apps” means our software applications available for you to install or otherwise operate on your computer, cellular phone, or other device.
1.d. “Website” means our website at www.42macro.com.
1.e. “Services” means all services provided to you by the Company, including providing you with access to and use of the Mobile Apps and Website.
2. Personal Information We Collect About You
We may collect and use the following personal information below that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
2.a. Personal Identifiers – name, phone number, gender, email, data of birth.
2.b. Communication – emails or electronic correspondence that you send to us on our website or through our Applications.
2.c. Internet or other electronic network activity information.
2.d. IP Address, URL, browsing history, and information about your interaction with the Mobile Apps or Website.
2.e. Professional or employment-related information – we collect your Personal Identifiers and other information you provide when you submit an employment application to us online or by email.
3. Payment Information
You may provide payment information, like your credit card number, when paying for our services on our Website or Mobile Apps. We do not collect or store this information and are unable to access it. This information is actually collected by a third-party payment processor who provides us with an anonymized token that allows us to determine the status of your payment.
4. How Your Personal Information is Collected
We collect most of this personal information directly from you, for example, when you sign up for an account or send us Communications. However, we may also collect information when you install and/or operate an Application on your device and from cookies and similar online tracking and analytic technology on our website.
We use technologies, such as cookies, to analyze traffic to our Website. You are given the option to consent to the collection and use of your data in this manner prior to it being collected.
6. How and Why We Use Your Personal Information
We use your personal information:
Where you have given consent;
To provide you with the Services;
To comply with our legal and regulatory obligations;
For our legitimate interests or those of a third party.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
6.a. We may use (process) your personal information to provide products or services to you for the performance of our contract with you or to take steps at your request before entering into a contract.
6.b. We may use (process) your personal information to respond to your communications in response to your Communications.
6.c. We may use (process) your personal information to prevent and detect fraud for our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you.
6.d. We may use (process) your personal information as necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under health and safety regulation or rules to comply with our legal and regulatory obligations.
6.e. We may use (process) your personal information when required by or relating to audits, enquiries or investigations by regulatory bodies in order to comply with our legal and regulatory obligations.
6.f. We may use (process) your personal information in order to ensure business policies are adhered to, such as policies covering security and internet use for our legitimate interests or those of a third party in order to make sure we are following our own internal procedures so we can deliver the best service to you.
6.g. We may use (process) your personal information for operational reasons, such as improving efficiency, training and quality control for our legitimate interests or those of a third party, such as being as efficient as we can to deliver the best service for you at the best price.
6.h. We may use (process) your personal information to ensure the confidentiality of commercially sensitive information for our legitimate interests or those of a third party, including the ability to protect trade secrets and other commercially valuable information.
6.i. We may use (process) your personal information for statistical analysis to help us manage our business for our legitimate interests or those of a third party so that we can be as efficient as we can so we can in delivering the best possible service for you at the best price.
6.j. We may use (process) your personal information to prevent unauthorized access and modifications to systems for our legitimate interests or those of a third party in order to prevent and detect criminal activity that could be damaging for us and for you and to comply with our legal and regulatory obligations.
6.k. We may use (process) your personal information for updating customer records for the performance of our contract with you or to take steps at your request before entering into a contract to ensure compliance with our legal and regulatory obligations for our legitimate interests or those of a third party.
6.l. We may use (process) your personal information to ensure safe working practices, staff administration and assessments that comply with our legal and regulatory obligations for our legitimate interests or those of a third party.
6.m. We may use (process) your personal information for marketing our services to existing and former customers, third parties who have previously expressed an interest in our services and third parties with whom we have had no previous dealings. We may do this for our legitimate interests or those of a third party to promote our business to existing and former customers.
6.n. We may use (process) your personal information for external audits and quality checks for our legitimate interests or a those of a third party in order to maintain our accreditations so we can demonstrate we operate at the highest standards and to comply with our legal and regulatory obligations
7. Promotional Communications
We may use your personal information to send you updates (by email, text message, telephone or post) about our services when we have a legitimate interest in processing your personal information for promotional purposes (see above “How and why we use your personal information”).
7.a. You have the right to opt out of receiving promotional communications from us at any time by using the “unsubscribe” link in emails or “STOP” number in texts; or by updating your preferences at https://account.42macro.com/accountprofile or, with respect to Mobile Apps, through the settings within the Mobile Apps.
7.b. We may ask you to confirm or update your preferences if you instruct us to provide further products and/or services in the future, or if there are changes in the law, regulation, or the structure of our business.
8. With Whom We Share Your Personal Information
We do not sell your data to any third parties. We do routinely share personal information with third-parties who assist us in providing the services to you including service providers we use to help deliver our products and/or services to you, such as web hosting companies or payment processors and other third parties we use to help us run our business, such as marketing agencies or website hosts.
8.a. We may share personal information with external auditors.
8.b. We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
8.c. We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We may anonymize information, but this may not always be possible.
9. Do Not Track Settings
Our website does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
10. Personal Information We Sold or Disclosed for a Business Purpose
In the preceding 12 months, we have not sold Personal Information to any third-party, nor have we disclosed for a business purpose to one or more third parties the any Personal Identifiers or Payment information collected directly by payment processors through our Website or Mobile Apps. As explained above, we do not collect payment information that is submitted through our Website or Mobile App. This information is collected by third party payment processors.
11. Where Your Personal Information is Held
Information is held at our offices in California, USA and those of our service providers, representatives and agents as described above (see above: “Who We Share Your Personal Information with”) or on computer servers used or maintained by those entities.
12. How Long Your Personal Information Will Be Kept
Unless we delete your information subject to a legitimate request, we reserve the right to keep your personal information indefinitely, including while you have an account with us or while we are providing products and/or services to you. We will also keep your personal information for as long as is necessary in order to respond to any questions, complaints or claims made by you or on your behalf, to show that we treated you fairly and to keep records as required by law.
13. EU Data Subject’s Rights Under the GDPR.
If you are a data subject in the European Union, you may have the following rights under the GDPR:
(i) Right to Access – The right to be provided with a copy of your personal information.
(ii) Right to Rectification – The right to require us to correct any mistakes in your personal information.
(iii) Right to be Forgotten – The right to require us to delete your personal information—in certain situations.
(iv) Right to Restriction of Processing – The right to require us to restrict processing of your personal information—in certain circumstances if you contest the accuracy of the data.
(v) Right to Data Portability – The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations.
(vi) Right to Object – The right to object at any time to your personal information being processed for direct marketing (including profiling); in certain other situations to our continued processing of your personal information such as processing carried out for the purpose of our legitimate interests.
(vii) Right Not to be Subject to Automated Individual Decision Making – The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.
For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the General Data Protection Regulation.
14. Your Rights Under the CCPA
If you are a resident of California, you may have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge.
14.a Disclosure of Personal Information We Collect About You that You may have the right to know include:
(i) The categories of personal information we have collected about you;
(ii) The categories of sources from which the personal information is collected;
(iii) Our business or commercial purpose for collecting or selling personal information;
(iv) The categories of third parties with whom we share personal information, if any; and
(v) The specific pieces of personal information we have collected about you.
14.b. Please note that we are not required to:
(i) Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
(ii) Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
(iii) Provide the personal information to you more than twice in a 12-month period.
14.c. Personal Information Sold or Used for a Business Purpose In connection with any personal information we may sell or disclose to a third party for a business purpose, you may have the right to know:
(i) The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and
(ii) The categories of personal information that we disclosed about you for a business purpose.
14.d. You may have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your personal information.
If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale of your personal information, visit our homepage and click on the Do Not Sell My Personal Information link here: https://42macro.com.
14.d. Right to Deletion Subject to certain exceptions are set out below. On receipt of a verifiable request from you, we will:
(i) Delete your personal information from our records; and
(ii) Direct any service providers to delete your personal information from their records.
14.e. Please note that we may not delete your personal information if it is necessary to:
(i) Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
(ii) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
(iii) Debug to identify and repair errors that impair existing intended functionality;
(iv) Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
(v) Comply with the California Electronic Communications Privacy Act;
(vi) 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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
(vii) Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
(vii) Comply with an existing legal obligation; or
(ix) Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
14.f. Protection Against Discrimination You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:
(i) Deny goods or services to you;
(ii) Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
(iii) Provide a different level or quality of goods or services to you; or
(iv) Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
14.f. Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information.
15. How to Exercise Your Rights
Application users may delete their account and control their data options on the settings of the Application. California and European users or their authorized agents may exercise these rights at on our Website at https://42macro.com or email the request to us at email@example.com;
15.a. Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period. If you choose to contact directly (i.e., outside of logging in to your account on the Website or Mobile App), you will need to provide us with:
(i) Enough information to identify you (e.g., your full name, address);
(ii) Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
(iii) A description of what right you want to exercise and the information to which your request relates.
15.b. We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.
15.c. Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.
16. Changes to This Privacy Notice
We may change this privacy notice from time to time–when we do, we may inform you via notice on the Website or other means of contact such as email.
17. How to Contact Us
Last Updated: May 2023