Privacy Policy

Trout Access Application Terms of Use and Privacy Policy

I. Terms of Use

Welcome to the Trout Connect web application ("Application" or "App") created by Solebury Trout LLC ("Trout," "Company," "We," "Us," or "Our"). These Terms of Use ("Terms") are a contract between You ("You" or "Your") and Trout including its successors, subsidiaries, and affiliates (collectively "Trout," "Company," "We," "Us," or "Our"), with regard to the access and use of Our Application and its component pages, content, and/or online services made available through the Application. Any references to Trout shall include, where appropriate, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Trout. Please read these Terms fully and carefully before accessing and using Our Application.

These Terms include a waiver of any right you would otherwise have to participate in a class action litigation against Trout. Details on the waiver are in section 11 below.

1. Use.

a) Acceptance. By clicking the boxes below to accept these Terms, and/or by accessing and using Our Application, You accept and agree to be legally bound by these Terms and all prospective amendments to these Terms. If You do not agree to these Terms, do not use this Application or any of Our features, products, or services within the Application.

b) Amendment. We may amend these Terms from time to time in Our sole discretion. All amendments to these Terms will be effective immediately upon posting or upon a date that we specify. Your continued access to Our Application constitutes an agreement to be bound to the Terms then effective and as amended. You also agree to accept notice of posting of any amendments or new terms through Us posting such amendments or new terms in the Application. Please review the Terms periodically so you are aware of any amendments. In case of material changes to the Terms, we ordinarily will provide notice by posting on the home page of Our Application, by email, or both, in advance of the effective date of the changes. We also will post notice of changes in summary form at the top of these Terms.

c) Additional Terms. Although you are always bound by the Terms, in using additional features, products, or services you may be bound by and subject to additional terms, including but not limited to Frequently Asked Questions ("FAQs"), guidelines, and rules applicable to certain features, products, or services. These additional terms may be posted and modified periodically. Any and all additional terms will not change or replace these Terms regarding use of the Application, unless expressly stated.

d) Capacity. This Application is designed for use by companies and their employees working with Trout as well as employees of Trout. It is intended as a service for adults aged eighteen (18) and over. We will assume (and by using this Application You warrant that) You have legal capacity to enter into the agreement set out in these Terms, including but not limited to, that You are of sufficient age and mental capacity, and are otherwise entitled to legally bind You and the business entity you represent with regard to these Terms.

2. Trout Access Account.

a) Login. Our Application requires an account login feature to allow You to research and save information for Your contacts, calendar, and notes. We reserve the right to determine, in Our sole discretion, any features, products, or services offered as part of the Application.

b) Eligibility; Account Information. In order to create an account, you must be at least eighteen (18) years of age and complete the registration process by providing Us with complete, current, and accurate information as requested in our Application registration form. By creating an account, You agree to provide true, accurate, and current data in connection with that account. Any usernames and passwords used for this Application are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password You use to access Your account. You agree to notify Trout immediately of any unauthorized use of Your username, password, or account, or any other breach of security. We are not liable for any loss that You may incur as a result of someone using Your username, password, or account, either with or without Your knowledge.

THIS APPLICATION IS NOT AVAILABLE TO (1) ANY PERSONS SUSPENDED OR REMOVED FROM THE APPLICATION BY TROUT, OR (2) ANY PERSON ON THE U.S. DEPARTMENT OF COMMERCE, BUREAU OF INDUSTRY AND SECURITY'S DENIED PERSONS LIST, OR LOCATED IN SUCH BUREAU'S SPECIFIED EMBARGOED COUNTRIES. IN USING THIS APPLICATION, YOU REPRESENT THAT YOU HAVE NOT BEEN SUSPENDED OR REMOVED FROM THE APPLICATION. PERSONS CHOOSING TO ACCESS THIS APPLICATION DO SO AT THEIR OWN DISCRETION AND INITIATIVE, AND ARE RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS, ALL LOCAL LAWS, AND RULES, INCLUDING BUT NOT LIMITED TO, U.S. FEDERAL AND STATE SECURITIES LAWS AND REGULATIONS, AND SUCH LAWS AND RULES REGARDING THE INTERNET, DATA, EMAIL, ELECTRONIC MESSAGES, PRIVACY, AND SECURITY.

c) Social Features. You understand and agree that the Application may include comments and additional social network/engagement functions and Your activities (e.g., browsing, content viewing, comment posting, interactions with individuals and Trout on the Application, etc.) may be shared with others both on and off the Application. If you do not want Your activities to be shared, Your only option is to not use the Application.

d) Length. Your account will continue until You request to cancel Your account or Trout, in its sole discretion, cancels Your account, including without limitation, because You are no longer a client with Trout unless other accommodations are agreed to between You and Trout for Your continued use of the Application as a guest.

e) Use. The Application and its contents are for Your business use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services, or features obtained from the Application without Our prior written consent. Your account may not be assigned or transferred to any other person or entity, nor may You provide any other person or entity with access to Your account, either directly or indirectly. In addition, You are not permitted to use the Application with any Software not authorized by Trout and/or to make the Application or data accessible therefrom available to third parties unauthorized by Trout including, but not limited to, using the Application or such data with any service bureau operation.

f) Unavailability. Your access to the Application and Your account may be unavailable or interrupted from time to time for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of Your access to the Application or Your account, or any of the consequences from such interruptions.

g) Right to Refuse. Trout reserves the right to refuse or revoke service or access to the Application to You or any user at any time.

3. Termination; Modification.

Without any further notice and at any time, You understand and agree that Trout may terminate, cancel, deactivate, and/or suspend Your access to the Application and to Your account, including any and all of Your contacts, comments, activities, data, inputs, or any other information or material in any form. Trout reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Application, including Your account. You understand, acknowledge, and agree that Your sole right regarding the termination or modification of Your account or the Application, is to cancel Your account and to stop using the Application. To cancel your account, email appsupport@troutgroup.com.

a)

4. Monitoring.

Trout may monitor the use by You and other users of the Application. During monitoring, any information relating to any user or their respective activities on the Application may be examined, recorded, copied, and used for authorized purposes in accordance with these Terms and Our Privacy Policy. Furthermore, Trout reserves the right at all times to disclose any information associated with your use of the Application as necessary to satisfy any law, regulation, or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Trout's sole and absolute discretion Trout finds objectionable or in violation of these Terms.

5. Conduct And Acceptable Use.

The following rules are a condition of Your use of and access to the Application. You are responsible for the content of Your communications and representations on the Application, and those communications and representations made in Your account on the Application.

We may require, at any time, proof that You are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating Your access to the Application or seeking other legal or equitable remedies, once We become aware of any violation of these Terms.

a) No Interference. You may not interfere with any other user from using or enjoying the Application.

b) No Bullying. You may not use the Application to threaten, abuse, harass, or invade the privacy of any person.

c) Content Posted By You Must Be Yours. You may not upload, post, transmit, or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity, or other proprietary rights.

d) Your Materials Must Be Lawful And Appropriate. You may not upload, post, or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature.

e) Do Not Damage Our Application Or Servers. You may not upload, post, or otherwise distribute or facilitate the distribution of software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software, hardware, or portion of the Application, any other online services, or to obtain unauthorized access to the Application, content, or any data or other information of any third party.

f) No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the Application or use the Application, its content, or any information contained therein for any unlawful purpose. Trout, in its sole and absolute discretion, shall determine whether any content You transmit or receive or Your use of the Application and its content violates this provision.

g) No Collection Of Personal Information From Other Users. You may have access to certain personal information of other users and may use such information solely and strictly in accordance with these Terms and our Privacy Policy. You are not permitted to collect information about other users of the Application otherwise in violation of these Terms or our Privacy Policy or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk, or bulk email, chain letters, or any other form of unauthorized solicitation.

h) Be Yourself. You may not impersonate, falsely state, or otherwise misrepresent Your professional or other affiliation to Trout or with any other person or entity.

i) No Criminal Or Unlawful Conduct. You may not use the Application or its content or any information contained therein for any unlawful purpose, and You may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any services in connection with any site or other use that contains or is associated with information or content prohibited by this section.

j) Follow These Terms And Conduct Rules. You may not take any action on the Application that violates any applicable law or these Terms.

6. User Submissions And Content.

The Application may provide certain features that permit You and other users to submit content or information, which may include text, pictures, videos, messages, suggestions, materials, works of authorship, ideas, or concepts ("User Content"). At times, this content may be shared by You, other users, or Trout.

You represent that any notes or other business information You submit or save using the Application is owned or controlled by You and that You hereby grant Trout a non-exclusive, royalty­free, perpetual, worldwide license to use such business information solely in accordance with the business purpose of the Application, these Terms and the Privacy Policy. User Content shall become, and remain, the property of Trout. You agree that any User Content, in whole or in part, may be used by Trout for any purpose including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media. You additionally agree that Trout is free to use any ideas, concepts, techniques, or know­how contained in any User Content you send to or post on or via the Application for any purpose whatsoever including but not limited to developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate You or anyone else for them.

By submitting such User Content, You are assigning and transferring any and all right, title and interest in User Content to Trout, including any moral rights. You represent and warrant that User Content does not infringe any third­party intellectual property rights. You agree not to transmit any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or profane material, any material submitted without permission under another person's name, or other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. You shall not, without the express written approval of Trout, submit any materials which contain advertising or any solicitation with respect to products or services. Trout shall have the right, in its sole discretion, to edit or remove any material portion of User Content, which in its sole discretion, it finds to be in violation of the provisions of this agreement or otherwise objectionable.

EXCEPT TO THE EXTENT REQUESTED BY TROUT PURSUANT TO THE CONTEMPLATED BUSINESS PURPOSE OF THE APPLICATION, DO NOT PROVIDE YOUR PERSONAL INFORMATION – INCLUDING BUT NOT LIMITED TO CONTACT DETAILS SUCH AS YOUR HOME OR PERSONAL TELEPHONE NUMBER, OR YOUR PERSONAL EMAIL ADDRESS, IN ANY PART OF THE APPLICATION ACCESSIBLE TO OTHER USERS.

7. Ownership; Proprietary Rights.

All Application content and materials including, but not limited to, articles, other text, logos, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned, licensed or controlled by Trout or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Application is the exclusive property of Trout and protected by United States and international copyright laws. Except as expressly authorized by Trout, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of all Application content and materials.

8. Third­Party Sites, Products, & Services; Links.

The Application may contain links to third party websites and applications ("Third­Party Sites"). TROUT IS NOT RESPONSIBLE FOR THIRD­PARTY SITES AND THEIR CONTENT. THE THIRD­PARTY SITES ARE NOT CONTROLLED BY TROUT. ACCORDINGLY, TROUT MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD­PARTY SITES, HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD­PARTY SITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD­PARTY SITES. YOUR USE OF THIRD­PARTY SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE APPLICATION OR OTHER SERVICE OF A LINK TO A THIRD­PARTY SITE DOES NOT IMPLY AN ENDORSEMENT BY TROUT. WHEN YOU ACCESS ANY OF THESE THIRD­PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD­PARTY SITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.

9. Disclaimer; No Warranties; Limitation On Liability And Damages.

SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, TROUT AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE APPLICATION, CONTENT, OR USER CONTENT FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, TROUT AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON­INFRINGEMENT.

YOU ALSO SPECIFICALLY AGREE THAT TROUT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE APPLICATION BY ANY THIRD PARTY. YOU FURTHER AGREE THAT TROUT AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE APPLICATION AND/OR MAY DISCONTINUE ANY PART OF THE APPLICATION AT ANY TIME.

ALSO SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL TROUT AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN TROUT'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION AND TERMINATE YOUR ACCOUNT.

NOTWITHSTANDING THE ABOVE, NOTHING IN THIS SECTION SHALL BE UNDERSTOOD TO LIMIT TROUT'S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY TROUT'S OWN NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT OR FOR ANY DAMAGES CAUSED BY TROUT'S FAILURE TO EMPLOY REASONABLE DATA SECURITY PRACTICES AS SET FORTH IN OUR PRIVACY POLICY.

10. Indemnification; Hold Harmless.

You agree to indemnify and hold Trout, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Trout harmless from all claims, liabilities, losses, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to Your breach or alleged breach of any terms or conditions contained in this agreement.

11. Dispute.

These Terms are governed by the laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims, lawsuits, or other actions (collectively, "Claims") arising under this agreement shall lie exclusively with the state or federal courts within New York City, New York. If any provision of the Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term.

You agree that neither You, nor Your representatives, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other subscribers, or other persons similarly situated.

12. Assignment.

Trout may assign its rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees.

13. Severability.

If any provision of these Terms is found invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect, as shall this agreement, as if such invalid, illegal, or unenforceable provisions had never been a part of these Terms.

14. Survivability.

Sections 4, 6, 7, 8, 9, 10, 11, 13, 15, 17, 19, and 20 shall survive any termination of this agreement.

15. Headings.

All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the terms, representations, covenants, agreements, certifications, declarations, affirmances, or statements contained herein.

16. Entire Agreement.

These Terms, including the Privacy Policy, represent the entire agreement between Trout and You regarding the subject matter of these Terms. These Terms cancel and supersede all prior understandings between Trout and You regarding the rights herein. No provision of these Terms shall be modified or amended except as expressly stated within the Terms.

17. No Waiver.

No waiver of any of these Terms by Trout is binding unless authorized in writing by an executive officer of Trout. If Trout waives a breach of any provision of the Terms, any such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of the Terms and will in no manner affect the right of Trout to enforce the same at a later time.

18. Children's Online Privacy Protection Act ("COPPA") Notification.

This Application is not designed or intended for use by children under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, Trout hereby notifies You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.

19. Digital Millennium Copyright Act.

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Application, should be promptly sent in the form of written communication to Solebury Trout, 740 Broadway, 9th Floor, New York, NY 10003 Attn: Thomas Hoffmann, Facsimile: (646) 378¬2901 or appsupport@troutgroup.com. All claims must include the following information:

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site or application are covered by a single notification, a representative list of such works at that site or application;

c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

20. Contact.

If you have any questions about these Terms, including Our Privacy Policy, please contact Us at:

Email : appsupport@troutgroup.com

Address : 740 Broadway, 9th Floor, New York, NY 10003

Phone : (646) 378-2900

Last Updated: May 17, 2018

 

 

II. Privacy Policy

Solebury Trout LLC (740 Broadway, 9th Floor, New York, NY 10003, appsupport@troutgroup.com) ("Trout," "Company," "We," "Us," or "Our") is committed to protecting and respecting your privacy. Under Section 13 German Tele Media Law (TMG), We are a service provider as well as controller under Section 3 German Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (Regulation (EU) 2016/679).

This Privacy Policy informs you about personal information the Application (Trout Connect) collects and the ways in which Trout uses personal information. Personal information means information that identifies you or could allow you to be identified. This includes information such as your name, address, email address and telephone number. It also includes technical details associated with browsers or devices through which you access our Application, such as Internet Protocol addresses and device identifiers. See below for details of the information Trout collects.

The App enables employees of Trout, its clients (“Clients”), and certain professionals in the investment community (“Investment Professionals”) to access the Company’s internal address book, meeting schedules, and other information relevant to Trout’s services. By using the App, a Client gains access to business contact information of certain Investment Professionals with whom Trout has a relationship, as well as information about the Client’s prior and upcoming meetings with said Investment Professionals. Users who are Investment Professionals gain access to business contact information of Trout clients to whom Trout has introduced them, and information about prior and upcoming meetings with said Clients. An account from Trout is necessary for all users using the App.

1. Personal Information Collection

1.1. Information from your use of Application:

Trout collects personal information that your internet browser, mobile device, and/or tablet sends whenever you visit or use this Application. This information may include, without limitation:

  • Device information: your device model, serial number, the version and type of your operation system, the version of the app and related software components, IP Address, MAC Address, International Mobile Equipment Identity (IMEI) number, International Mobile Subscriber Identity (IMSI) number, Services Digital Network Number (MSISDN).
  • Log information: web request, Internet Protocol address, browser type, browser language, the date and time of your request, your referring and exit page, HTTP Referrer.

1.2. Information you provide to us:

Trout further collects personal information that you provide to us. This information includes but is not restricted to:

  • The meetings you add to this Application (schedule, location)
  • The notes you add to contacts
  • The contact updates you provide (email, address, telephone number, photos)

1.3. Trout collects and processes your personal information in the U.S.A. Users resident outside the U.S.A. are specifically advised: Your personal data associated with use of Our Application will be sent to the U.S.A. for processing and storage, in accordance with the terms of this Privacy Policy.

2. Cookies and Related Technology

2.1. Trout uses cookies and similar technology (e.g., local storage). Cookies are small files that a site/application or its service provider transfers to your mobile device, tablet, or computer’s hard drive through your internet browser (if you allow) that enables the applications’, sites’, or service providers’ systems to recognize your browser and capture and remember certain information. This helps us to improve your access to Our Application and identify repeat visitors.

2.2. We use session-based cookies, persistent cookies and third-party cookies.

  • Session-based cookies will last only as long as your web browser or the Application is open, and are deleted when you close your browser or the Application.
  • A persistent cookie will last until it expires or until you delete it.

2.3. These cookies help us doing a number of things to enhance your experience, including:

  • understand and save your preferences for future visits;
  • ensure you do not need to login multiple times through user identification tracking;
  • ensure you do not need to login multiple times through user identification tracking;
  • compile statistics and reports on our Application;
  • track and target your interests to enhance your experience on our Application, including searches and use traffic adjacent to activity on this Application; and
  • provide other services related to this Application.

3. USING PERSONAL INFORMATION

Trout uses your personal information to:

  • Administer this Application;
  • Personalize the Application for you;
  • Enable your access to use the Application and its services.
  • Send you advertising material via e-mail such as surveys, promotions as well as information about functions of the Application.

4. CHILDREN

Trout’s Application is not intended for use by children under the age of sixteen (16). We do not knowingly collect or store any personal information from children under the age of sixteen (16).

5. DISCLOSURE TO THIRD PARTIES

Trout will make personal information available to third parties who provide services to Trout where it is necessary for the provision of those services. Trout currently engages Quintet Consulting UG (“Quintet”) to provide technical and application development services in relation to the Application and Quintet Consulting may have access to personal information stored in the Application for the purpose of providing those services. Quintet has committed in a written, binding agreement not to use or access any personal information for any purpose other than to provide the aforementioned services, and to comply with all applicable laws and regulations governing your personal information.

Other users of the Application will also have access to your personal information through their use of the Application. Such users will be limited to Clients and Investment Professionals, as defined above, for purposes of obtaining publicly available information about you in your own professional capacity as an employee of Trout or a Client, or as an Investment Professional, to facilitate potential business transactions between or of mutual interest to you and such third parties. All third parties to whom personal information is disclosed, including Quintet, are prohibited by the Application’s End User Licensing Agreement (EULA) from using such personal information for any purpose other than those enumerated in the EULA and this Privacy Policy. Trout assumes no liability to you for any onward transfer of your personal information by a third party in breach of the EULA or this Privacy Policy, except in cases of gross negligence or willful misconduct on the part of Trout.

Trout may otherwise disclose your personal information where required by law or applicable regulatory requirement, including to meet national security or law enforcement requirements. Trout is subject to the investigatory and enforcement powers of the United States Federal Trade Commission and/or the United States Department of Transportation.

6. SECURING YOUR DATA

Trout will take reasonable technical and organizational precautions to prevent the loss, misuse, disclosure, or alteration of your personal information. Trout will store all the personal information you provide on its secure servers.

Trout complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Trout has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

Usernames & Passwords: It is important that you protect and maintain the security of any account and that you notify us immediately of any unauthorized use of your Trout and/or Application account. Do not disclose your password to anyone else.

7. OTHER APPLICATIONS & WEBSITES

This Application may contain links to other applications and websites that are not owned or controlled by Trout. Trout is not responsible for the privacy policies or practices of any other such applications or websites and encourages you to review the privacy policies of those applications and websites.

Trout is unable to provide a continuous review of all external links. If Trout is aware of an indication of a violation of law, Trout will delete the link to this website or application.

8. RETENTION

Trout will retain your personal information for as long as is necessary for the purposes specified in this policy. Personal information provided by Investor Relations clients will be retained for at least as long as the duration of the contract between Trout and the relevant client. The personal information of other users of the Application will be retained until the inform Trout that they no longer wish their information to be available to other users of the Application.

9. INDIVIDUAL RIGHTS

After providing personal information to Trout, you will have various rights in respect of the information you provide. These include your right to:

  • request access to your personal data;
  • obtain information about the use of your personal data including: (i) the purposes for which your personal data is being used; (ii) the categories of your personal data being used; (iii) to whom your personal data has been or will be disclosed; (iv) where possible, the period for which your data will be retained; (v) your right to require rectification or erasure of your personal data or restrict or object to its use; (vi) your right to lodge a complaint with the relevant supervisory authority; and (vii) whether your data is subject to any automated decision-making including profiling;
  • require rectification (correction) of errors in your personal data without undue delay;
  • have your personal data erased without undue delay in certain circumstances including where: (i) your personal data is no longer needs to be processed for the purposes for which it was collected; (ii) your personal data has been processed unlawfully; and (iii) erasure is required by applicable law;
  • restrict the processing of your personal data in certain situations including where: (i) you are contesting the accuracy of your personal data; (ii) your data is being processed unlawfully but you do not want your data erased; (iii) your personal data is no longer needed for the purposes for which you provided it but you require that data to help establish, exercise or defend legal claims;
  • receive your personal data in a structured, commonly used and machine-readable format and transmit that data to a third party; and
  • under certain conditions, to invoke binding arbitration to enforce the foregoing rights.

If you wish to exercise any of the rights set out above, please use the contact details below.

Trout commits to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to data transferred from the EU. In compliance with the Privacy Shield Principles, Trout commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Thomas Hoffmann via the information listed in Section 10 below.

You also have the right to lodge a complaint with a relevant data protection supervisory authority, in particular in the EU member state of your residence or, if relevant, where the alleged infringement has taken place.

10. CONTACT

Please send any request to exercise your individual rights, or any other comments or questions you have about this policy to:

Email : appsupport@troutgroup.com

Address : 740 Broadway, 9th Floor, New York, NY 10003

or to:

Thomas Hoffmann (thoffmann@troutgroup.com) or +1 646-378-2900.

Last Updated: July 30, 2018