Portfolio123 Privacy Policy

Last Updated: February 02nd, 2021

Introduction

At Portfolio123 ("Portfolio123", "we", "us", or "our"), we are committed to securing and protecting your information responsibly. This Privacy Policy describes the types of personal information we obtain, how we may use that personal information, with whom we may share it, and how you may exercise your rights regarding our processing and storage of that information when you visit or use an online service (e.g., a website or mobile app) ("Service") owned or operated by Portfolio123. This policy also describes the measures we take to safeguard the personal information we obtain and how you can contact us about our privacy practices. This policy does not apply to Portfolio123's data collection activities offline or otherwise outside of the Service (unless otherwise stated below or at the time of collection). For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.

By visiting or otherwise using the Service, you agree to the Service's Terms of Use and consent to Portfolio123's data collection, use, and disclosure practices, and other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service. If you do not agree and consent, please discontinue use of the Service, and uninstall Service downloads and applications.

Information We May Collect

Information about You that You Provide

You may give us information about you when you register by using our Services, such as by using our website or mobile applications or by communicating with us by phone, email, social media or otherwise ("Order Information"). For example, Portfolio123 collects information when you use subscribe to notifications, participate in promotional activities, or communicate or transact through the Service. The information you give us may include:

  • names, email addresses, phone number(s), postal address, or other similar contact information;
  • depending on the service used, sometimes financial information, such as credit card or PayPal accounts;
  • information you submit when creating or using your user account, including user login and password information, images, or similar user information;
  • information you submit to Portfolio123 for business use;
  • the location and IP address from which you access the Site;
  • cookie data, network connection type, and browser type;
  • the name of the domain from which you access the internet;
  • the type of device, browser, and operating system used to access the Site;
  • the date and time you access the Site, duration and stop time of such access;
  • the information about any person or entity from whom you were referred;
  • the pages, files, documents, and links that you visit;
  • the internet address of the website from which you linked to the Site; and/or
  • any other information about your visit to the Site, or your usage of the Marketing Services generally.

Information Collected from Your Devices

When you use our service, we automatically collect certain information about you when you access or use the Service ("Usage Information"). Usage Information may include information about your web browser, IP address, device identifier, time zone, operating system, information about your use of the Service, including any web pages or products that you view, and data regarding network connected hardware (e.g., computer or mobile device).

The methods that may be used on the Service to collect Usage Information include:

  • Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, all of which may be stored in log files.
  • Information Collected by Cookies and Other Tracking Technologies: Cookies, Web Beacons (also known as "tracking pixels"), Embedded scripts, Fingerprinting, and other tracking technologies ("Tracking Technologies") may be used to collect information about interactions with the Service or emails, including information about your browsing and purchasing behavior.
    • Cookies. A cookie is a small text file that is stored on a user's device, which may be session ID cookies or tracking cookies. You can typically remove and reject cookies from our website with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it may affect how our website works for you.
    • Web Beacons ("Tracking Pixels"). Web beacons, tags, and pixels are electronic files used to record information about how you use our Service. Web beacons may be used to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
    • Embedded Scripts. An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from Portfolio123's web server, or from a third-party with which Portfolio123 works, is active only while you are connected to the Service, and then deleted or deactivated thereafter.
    • Fingerprinting. Collection and analysis of information from your device, such as, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.

When we discuss "Personal Information", we are talking about both "Usage Information" and "Order Information."

Information Portfolio123 Collects from Other Sources

Portfolio123 may also obtain information about you from other sources, including Service Providers and Third-Party Services. We may work closely with third parties, including fraud prevention providers and email address/telephone number verification service providers. We may receive information about you from these third parties to verify the information you provide to us which would help us identify suspicious or unusual transactions.

How We Use the Information We Obtain

We use the Order Information that we collect generally to provide you with more information about our products and to connect you with a member of our Sales Team regarding your purchase of one of our products. Additionally, we use this Order Information:

  • to communicate with you;
  • to facilitate, manage, personalize, and improve your online experience;
  • to screen our orders for potential risk or fraud;
  • to provide you with information or advertising relating to our products;
  • to provide, personalize, and improve your experience with the Marketing Services and our advertising made available on or outside the Service;
  • to ensure technical functionality of the Marketing Services, develop new products and services, and analyze your use of the Marketing Services, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Marketing Service;
  • to communicate with you for Marketing Service-related or research purposes including via emails, notifications, or other messages, which you agree to receive;
  • to process your payment or prevent or detect fraud;
  • to enforce this Privacy Policy and any other terms that you have agreed to, including to protect the rights, property, or safety of Portfolio123, its users, or any other person, or the copyright-protected content of the Marketing Services; and
  • to fulfill the purpose for which you submitted the information and for other uses consistent with that purpose.

We may combine Usage Information and Order Information to help screen for potential risk and fraud (in particular, your IP address) and more generally to improve and optimize our Service (for example, by generating analytics about how our customers browse and interact with our Service, and to assess the success of our marketing and advertising campaigns).

We use Google Analytics to help us understand how our customers use the Service. You can read more about how Google uses your information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. We also may share your personal information to comply with applicable laws and regulations; to respond to a subpoena, search warrant, or other lawful request for information we receive; or to otherwise protect our rights.

We may also share your personal information if we believe your actions are inconsistent with Portfolio123's terms of use, user agreements, or applicable terms or policies, or to protect the rights, property, life, health, security, and safety of Portfolio123, the Service or its users, or any third-party. Portfolio123 may also share your personal information, in connection with or during negotiations of any proposed or actual merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Portfolio123 assets, or transfer of all or a portion of Portfolio123's business to another company.

We may also include links to third-party websites, plug-ins, and applications on our Service. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. These third-party websites may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit personal information from you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

The Service may offer you the option to send a communication to a friend. If so, Portfolio123 relies on you to only send to people that have given you permission to do so. The friend's information you provide (e.g., name, email address) will only be used to facilitate the communication and will not used by Portfolio123 for any other marketing purpose unless Portfolio123 obtains consent from that person. Your contact information and message may be included in the communication.

We do not sell your personal information.

Information We Share With Third Parties

Portfolio123 represents and warrants that no personal information (including email and physical addresses provided hereunder) will not be shared with third parties. This representation and warranty supersedes the language in Portfolio123's privacy policy dated May 28, 2015 or any language to the contrary in any subsequent version of the Portfolio123 privacy policy.

California Privacy Rights

Under the California Consumer Privacy Act ("CCPA") signed into law June 28, 2018 and entering into effect Jan. 1, 2020, California residents have certain rights and privileges. You can exercise any of the following rights by notifying us as described below:

  • Disclosure Request. Upon request and when possible, we will disclose the categories and specific pieces of personal information we have collected about you. Additionally, you may also obtain the categories of information about you that we have sold, the categories of third parties to whom the information was sold, and the categories of personal information that we disclosed about you for a business purpose. You may submit these requests via email to info@portfolio123.com or by visiting our support portal. When such a request cannot be honored, we will advise you accordingly.
  • Deletion. If you should wish to cease use of our Site and have your personal data deleted from our Site, then you may submit a request by emailing us at info@portfolio123.com or by visiting our support portal. Upon receipt of a verifiable request for deletion, we will confirm receipt and will confirm once your personal data has been deleted. To exercise this right via email, simply type the words "Personal Data Deletion" in the subject line of your email.
  • Right to Sue for Security Breaches. You also have the right to sue in the event your nonencrypted or nonredacted personal information, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of our violation of the duty to implement and maintain reasonable security procedures and practices. Prior to exercising this right, you must provide us with 30 days' written notice by emailing us at info@portfolio123.com and providing us with an opportunity fix this violation.
  • We reserve the right to ask for information verifying your identity and residency prior to disclosing any information to you or acting on your request. Should we ask for verification, the information you provide to verify your identity and residency will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete. We strive to respond to your request within 45 days of receiving a verifiable consumer request however, we reserve the right to respond within 90 days when reasonably necessary.
  • Except as provided herein, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.

Under California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2020 will receive information regarding 2019 sharing activities). To obtain this information in connection with information collected through the Service, please send an email message to info@portfolio123.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response.

Sweepstakes, Contests, and Promotions

Portfolio123 may offer sweepstakes, contests, and other promotions (each, a "Promotion"), including Promotions jointly sponsored or offered by third parties, which may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your information, including Personal Information, may be disclosed to Portfolio123, co-sponsors, Service Providers, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this Privacy Policy. Please review those rules carefully.

Data Security and Monitoring

Portfolio123 takes reasonable measures to protect Portfolio123-collected Order Information (excluding public submissions) from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We have put in place procedures to deal with any suspected data breach that will affect you and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

When you place an order through the Service, we will maintain your Order Information for our records unless and until you ask us to delete this information. We retain Usage Information through Google Analytics for a period of 14 months, after which it automatically expires. You can opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

International Transfer

Portfolio123 is based in the United States and the information Portfolio123 and its Service Providers collect is governed by U.S. law. If you are accessing the Service from outside of the United States, please be aware that information collected through the Service may be transferred to, processed, stored, and used in the United States. Data protection laws in the United States may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Order Information, in the United States as set forth in this Privacy Policy.

Children's Privacy

The Service is intended for a general audience and not directed to children less than 13 years of age. Portfolio123 does not intend to collect personal information as defined by the U.S. Children's Privacy Protection Act ("COPPA") ("Children's Personal Information") in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children's Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.

Opt-out: Tracking and Communications Options

Tracking Technologies Generally. Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers and, in some instances, blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to HTML5 cookies or other Tracking Technologies. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service, your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Some App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer. Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, there is no consensus among industry participants as to what "Do Not Track" means in this context. Like many online services, we currently do not alter our practices when a "Do Not Track" signal is received from a visitor's browser.

Analytics Tracking Technologies. You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

Communications. You can opt-out of receiving certain promotional communications (emails or text messaging) from Portfolio123 at any time (i) for promotional emails, by following the instructions provided in emails to click on the unsubscribe link or by changing your communication preferences by logging onto your account; and (ii) for text messages, by following the instructions provided in text messages from Portfolio123 to text the word "STOP". Please note that your opt-out is limited to the email address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt-out of receiving promotional communications, Portfolio123 may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Portfolio123's ongoing business relations.

For Residents of Canada

Portfolio123 is located in the United States. As a result, your personal information will be processed and stored outside of Canada for the purposes described in this Privacy Policy. While outside of Canada, personal information will be subject to applicable local laws, which may permit government and national security authorities in those jurisdictions to access your personal information in certain circumstances.

For Residents of the European Union

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (e.g., if you make an order through the Service) or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe.

You may request access to or correction of your personal information, or withdraw consent to our collection, use or disclosure of your personal information, by writing to us at the address or email info@portfolio123.com. These rights are subject to applicable contractual and legal restrictions and reasonable notice. We may take reasonable steps to verify your identity before honoring any such requests.

Trading Systems Privacy Policy

One of Portfolio123's goals is to create a community of trading system developers that actively discusses new ideas and methods. Nonetheless we recognize that many trading system developers want to maintain their edge by keeping their strategies private. You can make any system, strategy, or simulation private in the respective "About" page and the system will no longer be accessible to other users. You can also set a global setting for the default visibility on the account preferences page.

Changes to This Privacy Policy

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. We encourage you to periodically review this privacy policy for the latest information on our privacy practices.