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TERMS OF USE
Effective Date: April 20, 2020
This Terms of Use Agreement (the “Terms of Use”) governs your access to and use of our proprietary learning management system and online platform (the “Services”). Please read them carefully. These Terms of Use constitute a binding agreement between you and Cultivate Advisors. As part of these Terms of Use, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these Terms of Use. “Cultivate Advisors,” “we,” “us,” or “our” means the applicable Cultivate Advisors entity that entered into the Cultivate Advisors Terms & Conditions or other written agreement (the “Company Agreement”) with you or the person/company/entity that authorized your access to the Services (the “Company”).
By indicating your acceptance of these Terms of Use or accessing or using the Services, you represent that you have read, understand, and agree to be bound by the Terms of Use. If you do not agree to be bound by the Terms of Use, you may not access or use the Services. You should print a copy of these terms or save them to your computer for future reference.
PLEASE NOTE THAT THE TERMS OF USE ARE SUBJECT TO CHANGE BY CULTIVATE ADVISORS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Cultivate Advisors will make a new copy of the Terms of Use available through the Services. Please check this page periodically for updates. Any changes to the Terms of Use will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you. If you do not agree with any change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).
1.1. Eligibility. The Services are intended solely for users who are sixteen (16) years of age or older and authorized by Company to register for and access the Services in connection with a Company Agreement (each, a “User”). Any registration, use, or access to the Services by any unauthorized user or anyone under sixteen (16) is strictly prohibited and in violation of these Terms of Use. You represent that you are: (i) at least sixteen (16) years old; (ii) of legal age to form a binding contract; (iii) authorized to create an account as a User; and (iv) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You may access and use the Services only if you can form a binding contract with Cultivate Advisors, and only in compliance with these Terms of Use and all applicable local, state, national, and foreign laws, rules and regulations.
1.2. Account Registration. In order to access the Services you may be required to register for an account on the Services. Your account will allow you to access the applicable Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may implement different types of accounts for different types of Users. You may control your User profile and how you interact with the Services by accessing the functionality that may be made available on the “Settings” or similar page in your account. When creating your account, you agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update your information to keep it true, accurate, current and complete. You are responsible for the activity that occurs on your account, and you must keep your account password confidential and secure. You are not allowed to provide a third party access to your Account. We encourage you to use “strong,” unique passwords. You must notify Cultivate Advisors immediately of any breach of security or unauthorized use of your account or password. We will not be liable for any losses caused by any unauthorized use of your account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Cultivate Advisors.
1.3. Third Party Accounts. To the extent permitted by the functionality of the Services, you may register for or link your account with a valid account on a third party platform (“Third Party Account”). By connecting your Third Party Account you are allowing Cultivate Advisors to access your Third Party Account as permitted under the applicable terms and conditions that govern your use of the Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Cultivate Advisors and/or grant Cultivate Advisors access to your Third Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Cultivate Advisors to pay any fees or making Cultivate Advisors subject to any usage limitations imposed by such third party platforms. By granting Cultivate Advisors access to your Third Party Account, you understand that Cultivate Advisors may access, make available and store (if applicable) any information, images, or other content you make available in or through your Third Party Account so that it is available on and through the Services. Please note that if a Third Party Account or associated service becomes unavailable or Cultivate Advisors’ access to such Third Party Account is terminated by the third-party platform, such content will no longer be available on the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY PLATFORMS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH PLATFORMS, AND CULTIVATE ADVISORS DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH PLATFORMS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN YOUR THIRD PARTY ACCOUNT.
1.4. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. Cultivate Advisors will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply.
1.5. Acceptable Use. To help ensure a safe and productive environment, all Users must comply with our Acceptable Use Policy and any applicable policies established by Company. If you see inappropriate behavior or content, please email us at helpdesk@cultivateadvisors.com or report it through Services.
1.6. Interactions with Other Users. You are solely responsible for your interactions with other Users. We reserve the right but have no obligation to monitor disputes between you and other Users. You acknowledge and agree that you may be exposed to User Content (as defined below) of other Users that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that Cultivate Advisors will not be liable for any harm or damages you allege to incur as a result of any third party User Content. You acknowledge and agree that Cultivate Advisors will have no liability for your interactions with other Users, or for any User’s action or inaction.
2.1. User Content. The Services may allow Users to post, submit or otherwise make available text, images, documents, files, videos or other materials (“User Content”), and to share that content with others. Company is solely responsible for all User Content that you upload to or make available through the Services (“Company Content”). Company Content is owned and controlled by the Company as set forth in the Company Agreement. Company is solely responsible for all Company Content.
2.2. No Obligation to Pre-Screen User Content. Cultivate Advisors is not responsible for and does not control, approve, endorse, or make any representations or warranties with respect to User Content. You acknowledge that Cultivate Advisors has no obligation to pre-screen, review, or monitor User Content, although Cultivate Advisors reserves the right in its sole discretion to pre-screen, refuse or remove any User Content at any time. By entering into the Terms of Use, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content, including without limitation chat, text, or voice communications. In the event that Cultivate Advisors pre-screens, refuses or removes any User Content, you acknowledge that Cultivate Advisors will do so for Cultivate Advisors’ benefit, not yours. Without limiting the foregoing, Cultivate Advisors shall have the right to remove any User Content that violates these Terms of Use, violates the Company Agreement, violates applicable law, or is otherwise objectionable.
2.3. Advisor Materials. Except with respect to User Content, you agree that Cultivate Advisors and its suppliers own all rights, title and interest in and to any and all advisory and training materials, blog posts, assessments, documentation, and content, whether printed or available on or through the Services, in written, audio, or video format (collectively, the “Advisor Materials”). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Advisor Materials.
2.4. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Cultivate Advisors through its suggestion, feedback, forum or similar pages (“Feedback”) is at your own risk and that Cultivate Advisors has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Cultivate Advisors a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Cultivate Advisors’ business.
2.5. Advertising Revenue. Cultivate Advisors reserves the right to display third-party advertisements before, after, or in conjunction with User Content and/or Feedback posted on the Services, and you acknowledge and agree that Cultivate Advisors has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Cultivate Advisors as a result of such advertising).
6.1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. CULTIVATE ADVISORS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS (EACH AN “ADVISOR PARTY” AND COLLECTIVELY, THE “ADVISOR PARTIES”) EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES. THE ADVISOR PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
6.2. No Liability for Conduct of Third Parties and Other Users. YOU ACKNOWLEDGE AND AGREE THAT THE ADVISOR PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ADVISOR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND THIRD PARTY LINKS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT THE ADVISOR PARTIES DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER USERS OF THE SERVICES. CULTIVATE ADVISORS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT CUTIVATE ADVISORS DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
8.1. Investigation. If Cultivate Advisors becomes aware of any possible violations by you of these Terms of Use (including without limitation the Acceptable Use Policy), Cultivate Advisors reserves the right to investigate such violations. If, as a result of the investigation, Cultivate Advisors believes that criminal activity has occurred, Cultivate Advisors reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Cultivate Advisors is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including User Content, in Cultivate Advisors’ possession in connection with your use of the Services, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Terms of Use, (c) respond to any claims that User Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Cultivate Advisors, its Users or the public, and all enforcement or other government officials, as Cultivate Advisors in its sole discretion believes to be necessary or appropriate.
8.2. Account Suspension or Termination. Notwithstanding the terms of the applicable Company Agreement, we may permanently or temporarily terminate or suspend your access to the Services or any portion thereof without notice and liability if in our reasonable determination you violate any provision of these Terms of Use, including without limitation the Acceptable Use Policy.
10.1. Electronic Communications. The communications between you and Cultivate Advisors may take place via electronic means, whether you visit the Services or send Cultivate Advisors emails, or whether Cultivate Advisors posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Cultivate Advisors in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Cultivate Advisors provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
10.2. Privacy. For information about how we collect, use, and share the personal information we collect about you, please review our Privacy Policy.
10.3. Assignment. The Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Cultivate Advisors’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may assign the Terms of Use in their entirety (including all terms and conditions incorporated herein by reference) without restriction.
10.4. Force Majeure. Cultivate Advisors shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, pandemic, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
10.5. Limitation Period. YOU AND CULTIVATE ADVISORS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OF USE, THE SERVICES, OR THE ADVISOR MATERIALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
10.6. Governing Law and Jurisdiction; Venue. The Terms of Use and any disputes arising out of or related thereto will be governed and interpreted by and under the same applicable law of the Company Agreement, without regard to conflicts of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms of Use. The courts located in the applicable venue of the Company Agreement will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms of Use, or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts.
10.7. Notices. We may deliver notice to you by email, posting a notice on the Services or any other method we choose and such notice will be effective on dispatch. You may give notice to Cultivate Advisors at the following email address: helpdesk@cultivateadvisors.com. Such notice shall be deemed given when received by Cultivate Advisors.
10.8. Waiver. Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
10.9. Severability. If any portion of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
10.10. Entire Agreement. The Terms of Use, including any terms incorporated by reference into the Terms of Use, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these Terms of Use and any pages referenced herein, the terms of these Terms of Use will first prevail; provided, however, that if there is a conflict or inconsistency between the Company Agreement and the Terms of Use, the terms of the Company Agreement will first prevail, followed by the provisions in these Terms of Use, and then followed by the pages referenced in these Terms of Use (e.g., the Privacy Policy). Company will be responsible for notifying Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.
Effective Date: April 20, 2020
This “Privacy Policy” describes how HFI Consulting LLC and our subsidiaries and affiliates (collectively, “Cultivate Advisors”, “we”, “us”, or “our”) collect, use, and share your personal information in connection with the https://www.cultivateadvisors.com/ website and any other digital properties that link to this Privacy Policy (collectively, the “Site”), our marketing communications, and any related services, sales, marketing, or events (together with the Site, the “Service”), and the rights and choices available to individuals with respect to their information.
1.1 Personal information you provide to us. Personal information you may provide to us through the Service or otherwise includes:
1.2 Personal information from other sources. We may obtain personal information about you from other sources, such as:
1.3 Personal information from third party platforms. If you connect or otherwise sign into the Service through a social media or other third party platform, such as Google, we may collect information from that platform. You may also have the opportunity to provide us with additional information via the third party platform, such as a list of your friends or connections and your email address. You can read more about your choices in connection with linked third party platforms in the “Your Choices” section, below.
1.4 Personal information collected automatically. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your activity over time on our Service and other sites and online services, such as:
1.5 Cookies and similar technologies. Like many online services, we use cookies and similar technologies to facilitate our automatic data collection. For more information, see our Cookie Policy.
1.6 Personal information about others. Users of the Service may have the opportunity to refer colleagues or other contacts to us and share their contact information with us. Please do not refer someone to us or share their contact information with us unless you have their permission to do so.
We may use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:
2.1 To provide our products and services. For example, we may use your personal information to:
2.2 For research and development. We use personal information to understand and analyze the usage trends and preferences of our users to make our Service and other offerings better and develop new features and functionality.
2.3 To create anonymous data. We may create aggregated, de-identified, or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.
2.4 For marketing and advertising. We, our business partners and our third party advertising partners may collect and use your personal information for direct marketing and interest-based advertising purposes.
2.5 To comply with laws and regulations. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
2.6 For compliance, fraud prevention, safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) maintain the safety, security, and integrity of our Service, products and services, business, databases and other technology assets; (b) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (c) audit our internal processes for compliance with legal and contractual requirements and internal policies; (d) enforce the terms and conditions that govern the Service; and (e) prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
2.6 With your consent. In some cases we may specifically ask you for your consent to collect, use, or share your personal information, such as when required by law.
We may share your personal information with the following third parties and as otherwise described in this Privacy Policy or at the time of collection:
3.1 Related companies. Our subsidiaries and affiliates, for purposes consistent with this Privacy Policy.
3.2 Business transferees. If we sell all or part of its business or make a sale or transfer of assets or are otherwise involved in a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Cultivate Advisors or our affiliates (including, in connection with a bankruptcy or similar proceedings), we may transfer your personal information to a third party as part of that transaction, including at the negotiation stage.
3.3 Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate to comply with law or for the compliance, fraud prevention and safety purposes described above.
3.4 Service providers. Companies and individuals that perform services on our behalf that provide services on our behalf or help us operate the Service or our business. Among other things service providers may help us perform website hosting, maintenance services, database management, web analytics, billing, payment processing, fraud protection, or marketing.
3.5 Advertising partners. Third party advertising companies that collect information about your activity on the Service and other online services to help us advertise our services, and/or use hashed customer lists that we share with them to deliver ads to them and similar users on their platforms.
3.6 Business partners. Our business partners, such as those that have joined our programs, participate in our events, or jointly offer content, promotions and other service offerings with us.
3.7 Third Party Platforms. Social media and other third party platforms that you connect to the Service. When you choose to login using or otherwise connect these platforms to the Service, we will share your personal information to facilitate the connection. Please note, we do not control the third party’s use of your personal information and you should review the privacy policy of the entities that provide these platforms.
3.8 Other Users and the Public. The Service may provide you with the opportunity to post or make available content, messages, and other information to other users of the Service or the public. For example, you may be able to post your content in a forum on the Service or participate in a message board. We do not control how other users or third parties use any personal information that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it.
3.9 Professional Advisors. We may disclose your personal information to our professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
You can make the following choices with respect to your personal information.
4.1 Access or update your personal information. If you have registered for an account with us, you may review and update certain account information by logging into your account.
4.2 Opt-out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at helpdesk@cultivateadvisors.com. You may continue to receive service-related and other non-marketing emails. If you receive marketing text messages from us, you may opt out of receiving further marketing text messages from us by replying STOP to our marketing message.
4.3 Third party platforms. If you choose to connect to the Service through your account on a third party platform like Google, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third party platform, that choice will not apply to information that we have already received from that third party.
4.4 Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. For more details, see the “Your Choices” section of our Cookie Policy.
4.5 Advertising choices. You may opt-out of interest-based advertising. For more details, see the “Your Choices” section of our Cookie Policy.
4.6 Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
4.1 Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information requested, we may not be able to provide those services.
No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from the risks presented by unauthorized access or acquisition, we cannot guarantee the security of your personal information.
The Service may contain links to other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. We do not control third party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and online services you use.
Cultivate Advisors is based in the United States of America. If you are from a country outside of the United States of America with laws governing data collection, use, and disclosure that may differ from U.S. law and you provide personal information to us, please note that any personal information that you provide to us may be transferred to the United States of America. By providing your personal information, where applicable law permits, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in any applicable terms of service.
Please direct any questions or comments about this Policy or privacy practices to helpdesk@cultivateadvisors.com. You may also write to us via postal mail at:
HFI Consulting LLC
Attn: Privacy
549 West Randolph, Suite 400
Chicago, IL 60661United States
Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with Cultivate Advisors are entitled to ask us once a year for information regarding the personal information we have shared, if any, with third parties for their direct marketing purposes. If you are a California resident and would like to submit such a request, please submit your request in writing to the address listed in the section titled “CONTACTING US” above and include the words “Shine the Light” in your correspondence. The request must include your name, street address, city, state, and ZIP code and an attestation that you are a California resident. We are not responsible for requests that are not labeled or sent properly, or that do not have complete information.
The information provided in this “Notice to European Users” section applies only to individuals in the European Union, the European Economic Area or the United Kingdom (collectively, “Europe”).
Personal information. Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.
Controller. The controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation is HFI Consulting LLC, 549 West Randolph, Suite 400, Chicago, IL 60661, United States.
Legal bases for processing. The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. However, the legal bases we typically rely on are set out in the table below. We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your personal information, contact us at helpdesk@cultivateadvisors.com.
|
Processing purpose (see the “USE OF PERSONAL INFORMATION” section above for details about each processing purpose) |
Legal basis |
|---|---|
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To provide our products and services |
Processing is necessary to perform the contract governing our operation of the Sites or the provision of the Service, or to take steps that you request prior to engaging our services. Where we cannot process your personal data as required to operate the Service on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the products or services you access and request. |
|
For marketing and advertising |
Processing is based on your consent where that consent is required by applicable law. Where such consent is not required by applicable law, we process your personal information for these purposes based on our legitimate interests in promoting our business, and showing you tailored relevant content. |
|
For research and development To create anonymous data For compliance, fraud prevention and safety |
These activities constitute our legitimate interests. |
|
To comply with laws and regulations |
Processing is necessary to comply with our legal obligations. |
|
With your consent |
Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Service. |
Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.
Sensitive personal information. Unless we specifically request it, we ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Service, or otherwise to us.
Retention. We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Your rights. European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:
You may submit these requests by email to helpdesk@cultivateadvisors.com or our postal address provided in the “CONTACTING US” section above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.
Cross-Border Data Transfer. If we transfer your personal information out of Europe to a country outside of Europe such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so. Please contact us at helpdesk@cultivateadvisors.com for further information about any such transfers or the specific safeguards applied.