Privacy Policy

DATE LAST REVISED: JULY 29, 2014

This Privacy Policy is incorporated by reference into the NASDAQ Private Market User Agreement and the ExactEquity Terms of Service agreement (“Terms”). The term “NASDAQ Private Market,” “we,” and “us” includes The NASDAQ Private Market, LLC and our affiliates and subsidiaries. The Privacy Policy explains how NASDAQ Private Market may:

  • collect,
  • use, and
  • disclose information we obtain through the “Site,” as defined in the User Agreement.

An “RBD” means a sponsoring registered broker-dealer, and its affiliates.

You” and “Users” means all users who have registered to use the Site. Users may include issuers, issuers’ administrators or representatives, RBDs, clients of RBDs, and investors.

THE SITE COLLECTS INFORMATION

Profile Information. You may need to create an account to use parts of the Site. For basic registration, you may need to provide personal information, such as your name, email address, and password. To access and use certain additional information and functionality you may need to provide additional personal information. For example, if you are a potential investor, you may need to submit an investor questionnaire to ensure that you are eligible under securities laws to invest in the securities offered through the Site (the “Investor Questionnaire”). The Investor Questionnaire may request your address, date of birth, driver’s license number, social security number, employer information, citizenship, income, net worth, investment experience, and other bank or financial information.

Using the Site. We collect the information that you post through the Site, including personal information. For example, when you complete transactions or communicate through the Site, the Site will collect the information provided as part of such submissions, including any personal information.

Financial and Equity Holding Information. The Site may collect certain financial information from you, such as bank account information, to properly facilitate transactions and in connection with your Investor Questionnaire. If a company in which you hold equity is using ExactEquity for equity plan management, that company and you may provide us personal and financial information, records, instructions and documents relating to your equity holdings and related transactions.

Collection with RBDs. When we collect information from and about a client of a RBD through the Site, we jointly collect such information for our purposes as well as for the RBD’s purposes. Please see the privacy policy for the RBD with which you have a business relationship to learn about such RBD’s privacy practices.

Customer Support. We may collect personal information through your communications with our customer-support team.

Cookies, Automatic Data Collection, and Related Technologies. The Site collects and stores information recording interaction with the Site and applications available via the Site (such as system logs and IP addresses) that is generated automatically as you use it, including preferences and anonymous usage statistics.

By using the Site, you are authorizing us to gather, parse, and retain data related to the provision of the Site.

HOW THE NASDAQ PRIVATE MARKET USES INFORMATION

Internal and Service-Related Usage. We use information, including personal information, for internal and service-related purposes and may provide it to third parties to allow us to facilitate transactions pursuant to your request/instructions and functionalities on the Site. We may use and retain any data we collect to provide and improve our services, and as described in the Terms.

Marketing. At the request of RBDs, we may use information, including personal information, about you to provide a RBD’s marketing and advertising to you.

Communications. We may send emails to you to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.

Aggregate Data. We may anonymize and aggregate data collected through the Site and use that anonymized and aggregated data for any purpose.

THE NASDAQ PRIVATE MARKET MAY DISCLOSE INFORMATION

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Site.

Share with Users. The information collected by the Site may be displayed on the Site. For example, we may display information on an “account” page describing your transaction history. We are not responsible for the privacy practices of those who will view and use the posted information.

Provide to transaction counterparties. If a company in which you hold equity is using ExactEquity for equity plan management, either that company or you may provide us information, records, instructions and documents relating to your equity holdings and related transactions. We may communicate about and provide such information, records, instructions and documents to the company or to your financial institution in order for us to provide such equity plan management services to the company and you.

Provide to RBDs. As described above, we collect information for RBDs from and about their clients when they use the Site. If you are using the Site as a client of a RBD, we may provide the information, records, and documents collected from or about you through the Site to the RBD with which you have a business relationship so they can provide services to you. For example, if you are an investor, we may provide your profile information, including any submitted Investor Questionnaire, to the RBD with which you are doing business so the RBD can confirm whether such investor meets securities law qualifications for the offering of a particular security. We may provide Users with controls to determine how we provide information to third parties. We are not responsible for the privacy practices of RBDs who receive information about you. Please see the privacy policy for the RBD with which you have a business relationship to learn about such RBD’s privacy practices.

Marketing. We do not rent, sell, or share personal information about you with other people or nonaffiliated companies for their direct marketing purposes. We process information on behalf of RBDs. At the direction of a RBD with whom you have a business relationship, we may allow the RBD and its vendors access to information about you. They may use such information to enable the delivery of online advertising on this platform, or to otherwise facilitate transmittal of information the RBD thinks may be useful or relevant to you.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose personal information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement or regulatory requests and legal process, such as a court order or subpoena; to comply with regulatory requests and internal policies; respond to requests; or protect your, our, or others’ rights, property, or safety.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of NASDAQ Private Market assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.

Sharing with Permission. We may also disclose your information with your permission.

INFORMATION RETENTION

We may be required to keep different types of information for varying periods of time according to contractual requirements, government regulations and regulatory obligations. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We may keep some information longer to meet our data retention policies, our needs and those of our customers, even after you close your account.

INFORMATION SECURITY

We take reasonable precautions to protect your personal information. The security of your personal information is important to us. When you enter sensitive information (such as credit card or bank account information) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the personal information submitted to us, both in transit and at rest. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security and we do not accept liability for unintentional disclosure.

CHILDREN’S PRIVACY

We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of the Site is directed to children under the age of 13. If we learn that we have collected any personal information from children under 13, we will promptly take steps to delete or destroy such information and terminate the child’s account.

INTERNATIONAL USERS

You are agreeing to the transfer of your information to the United States. By providing information to us, you consent to any transfer and processing in accordance with this Privacy Policy.

UPDATE INFORMATION OR POSE A QUESTION OR SUGGESTION

If you would like to update or correct any information that you have provided to us through the Site or otherwise, or if you have suggestions for improving this Privacy Policy, please send an email to info@npm.com .

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted.

Contact Information

The NASDAQ Private Market, LLC. 
150 Spear Street, Suite 350 
San Francisco, CA 94105 
info@npm.com