Privacy Notice

Key Elements, LLC, values your privacy. In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose information that we obtain about visitors to our website www.keyelementscapital.com and investor portal, (collectively, the “Site”) and the services available through our Site (collectively, the “Services”), and how we use and disclose that information.

By visiting the Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. The Key Elements Terms of Service are incorporated by reference into this Policy.

INFORMATION WE COLLECT

We collect information about you directly from you and from third parties, as well as automatically through your use of our Site or Services.

INFORMATION WE COLLECT DIRECTLY FROM YOU.

Key Elements collects personal information you choose to provide to us in subscription agreements, questionnaires and other investment documents, or use on our Investor Portal. We may collect your username and password, your name, address, Social Security Number, date of birth, financial account information, and any other information you may provide us.

INFORMATION WE COLLECT AUTOMATICALLY.

We may automatically collect the following information about your use of our Site or Services through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site and or use our Services; and the referring URL, or the webpage that led you to our Site. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

HOW WE USE INFORMATION

We use your information, including your personal information, for the following purposes:

  • To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
  • To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.
  • For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.
  • To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services and respond to user desires and preferences, and for other research and analytical purposes.
  • To comply with applicable legal obligations, including responding to a subpoena or court order or to comply with anti-money laundering requirements.
  • Where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Use or this Policy.

HOW WE SHARE INFORMATION

We may share your information, including personal information, as follows:

  • AFFILIATES. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
  • SERVICE PROVIDERS. We may disclose the information we collect from you and information that we collect about your gift recipients to third party vendors, service providers, contractors or agents who perform functions on our behalf.

We may also share information in the following circumstances:

  • BUSINESS TRANSFERS. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
  • IN RESPONSE TO LEGAL PROCESS OR TO COMPLY WITH LAW. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
  • TO PROTECT US AND OTHERS. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which Key Elements is involved.
  • AGGREGATE AND DE-IDENTIFIED INFORMATION. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

USE OF COOKIES AND OTHER TRACKING MECHANISMS

We and our third party service providers use cookies and other tracking mechanisms to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

COOKIES

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. There are two types of cookies: session and persistent cookies.

  • Session Cookies - Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
  • Persistent Cookies - Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.

DISABLING COOKIES

Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.

CLEAR GIFS, PIXEL TAGS AND OTHER TECHNOLOGIES.

Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site and Services to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

THIRD PARTY ANALYTICS

We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

DO-NOT-TRACK

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).

 

PROTECTING INFORMATION

To protect your personal information, we maintain physical, electronic and procedural safeguards designed to comply with federal requirements. We train our employees in the proper handling of personal data.

THIRD-PARTY LINKS

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

ACCESS TO MY PERSONAL INFORMATION

You may modify personal information that you have submitted by logging into your Investor Portal account and updating your information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.

WHAT CHOICES DO I HAVE REGARDING OUR MARKETING COMMUNICATIONS?

We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.

CHILDREN UNDER 13

Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

CHANGES TO THIS POLICY

This Policy is current as of the date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.

 

HOW TO CONTACT US

If you have any questions regarding this Policy or anything relating to the Site, please do not hesitate to email us at: info@keyelementscapital.com or call 804-709-7978.