Privacy Policy of LaCon-Kres LLC, www.theintentionaltrader.com, and The Intentional Trader

This Privacy Policy (“Policy”) of LaCon-Kres LLC, www.theintentionaltrader.com, and all related content, materials and services (collectively, the “Site”) is hereby made effective as of August 12, 2019, by LaCon-Kres LLC, a Georgia corporation ( aka “The Intentional Trader” or "TheIntentionalTrader" or “we” or “us” or “our”).

General

When you (“you” or “your” or “user” or “member”) browse the Site, register for a membership, or use our products, services or other materials available on the Site, you will provide certain information to us and we will learn, collect, use and share certain information about you for various purposes, as more fully set forth in this Policy. By using or accessing the Site, you agree that you have read and understood this Policy, and acknowledge and consent to the learning, collection, use and sharing of your information as described in this Policy. If you do not agree with any portion of this Policy, you are prohibited from using or accessing the Site.

Information We Collect and Use

Our primary purpose in collecting information about you is to provide you with our products and services, but we will also use this information in connection with the operation and improvement of the Site and our business and may provide this information to our affiliates or to other third parties for use in their businesses or for other purposes.

When you access, visit. register for and otherwise use the Site, we will learn, collect, store and use:

personally identifiable data and information about you, such as your name, physical and/or electronic mail address, telephone, fax or mobile numbers, and other data or information that can be used to specifically identify you (all such personal data and information is collectively referred to herein as, “Personal Information”); and

non-personally identifiable information about you, such demographic information, location, age, gender, and data on your use of the Site and other online activity (“Non-Personally Identifiable Information”).

Personal Information and Non-Personally Identifiable Information are together referred to herein as “Information”.

Using the Site. When you access, visit and use the Site, we automatically receive and store the uniform resource locator of the prior webpage that you were on and of the webpage where you go after you leave the Site. We also receive and store additional Information such as your internet protocol (IP) address, browser types, domain name, and other statistical data involving your access, browsing and use of the Site. This Information is generally collected passively using various technologies, but this Information may also be provided by you through interactions or communications with the Site or us.

Registration. In order to become a registered user of the Site or to use or obtain certain products or services offered on or through the Site, we will request, and you will need to provide us with, Personal Information such as your name, postal and/or email address, telephone, fax, age or mobile numbers. Registered users who sign up for any trial membership, premium membership or other account, product or service must also provide billing and credit card information. Without providing Personal Information, you cannot create an account, become a registered user of the Site, or obtain our products or services. We will use this Information to provide our products and services to you, in connection with our business and operations and in other ways that are provided in this Policy. We may also collect certain other Information from you such as demographic information. Providing this information is optional, and is not required.

We may also collect Information when you interact with the Site’s or our customer service in order to assist you or maintain or improve the Site.

Chat Room. We operate a chat room on the Site. Any Information you disclose in a chat room becomes public information. If you post Personal Information online, in a chat room, or anywhere on the Site that is accessible to the public or to other users, you have made that Information available to the public, and it is no longer private. In that case, other people may receive, collect and use that Information. You should exercise caution when deciding whether to post or disclose any of your Personal Information or any other Information in any chat room or forum, including any public or private chat room or forum on the Site.

Please note that Personal Information you have published on any chat room or forum, including any chat room or forum on the Site, may remain publicly available even if you request that such Information be internally deleted by The Intentional Trader. We will not post your Personal Information in any public chat rooms or forums.

Cookies and Tracking Technologies

Like many websites, we use cookies and similar technologies to record your preferences, track your usage of the Site, improve the Site and collect data and other Information. A browser cookie is a small piece of data that is stored on your device to help websites and mobile apps remember things about you. Other technologies, including Web storage and identifiers associated with your device, may be used for similar purposes. In addition to browser cookies, The Intentional Trader also receives and collects Information through other commonly used techniques and technologies, including without limitation:

  • through your browser, computer, mobile device, or tablet to ensure Site functionality,
  • through pixel tags, web beacons, or clear GIFs,
  • through Flash objects, or
  • through your IP Address.

For example, we use programs, software and/or applications, including, without limitation, Google Analytics, to analyze typical user behavior, improve the Site or in connection with our business or operations; and, for security purposes and to ensure the availability of the Site, we may also use programs, software and applications to monitor network traffic, identify unauthorized attempts to upload or change information, or otherwise cause damage to the Site or The Intentional Trader. And, when you visit the Site, we automatically receive and collect the uniform resource locator of the prior webpage that you were on and of the webpage where you go after the Site, the IP address of your computer, the type of operating system and web browser you are using, your location, date and time of your access, pages viewed on the Site and other Information related to your visit to the Site.

 

How We Use Cookies and Other Tracking Technologies

Like most providers of online services, The Intentional Trader uses cookies and other tracking technologies for a number of reasons, including, without limitation, protecting your The Intentional Trader data and account, helping us see which features are most popular, counting visitors to a page, improving our users’ experience, keeping our services secure, and generally providing you with a better, more intuitive, and satisfying experience. Most cookies we use fall into one of the following general categories:

Category of Cookies

why we use these cookies

Strictly Necessary

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.

Performance

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. If you do not allow these cookies we will not know when you have visited our site and will not be able to monitor its performance.

Functionality

These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.

Targeting

There are also certain third-party cookies that reside on our site that collect Personal Information, such as information that uniquely identifies your IP address, browser and internet device, that may be used by these third parties to, among other things, build a profile of your interests and show you relevant advertisements on this site and/or other sites.

 

Your Options

Cookies are automatically placed on your computer when you access the Site. Your browser or device may allow you to block or otherwise limit the use of cookies. Cookies are an important part of how our services work, so removing, rejecting, or limiting the use of them could affect the availability and functionality of our services.

Information We Do Not Collect

The Intentional Trader is solely an informational and educational platform and online community, providing impersonal advice and education so you can independently trade your own funds and securities. We do not provide investment advisory services or trade securities for the account of others. We are not an investment adviser or broker-dealer, do not provide advice on the value or advisability of your purchases of securities, and do not effect or facilitate transactions or otherwise handle securities or funds of others.

We only communicate with you through the contact information and social media accounts on the Site, would never give you personalized investment advice, and would never ask you for your social security number, to wire money or to provide access or information on your financial or securities accounts (except for billing purposes as set forth above)! Don’t be fooled by scams or other imposters asking for this information, they are not from The Intentional Trader! If someone pretending to be affiliated with The Intentional Trader asks you for this information, please contact [email protected].

How We Use Your Information

The Intentional Trader uses your Information, including Personal Information, in connection with the operation, development and improvement of the Site and other products and services offered by The Intentional Trader and its affiliates, the operation and billing of your account and/or membership, and for other uses consistent with this Policy. The Intentional Trader and its affiliates may use your Personal Information for any purpose related to their business or operations, including, without limitation, the following:

  • to provide our products and services, operate the Site and respond to your inquiries and fulfill your requests,
  • to manage your account and/or membership, subscription and other billing purposes,
  • to allow outside vendors or other to perform services on our behalf,
  • to inform you about information regarding the Site, products or services for which you apply or may be interested in applying for, or in which you are already enrolled, changes to terms, conditions, and policies and/or other administrative information,
  • to deliver marketing communications that we believe may be of interest to you, including ads or offers tailored to you from us or our affiliates,
  • to personalize your experience on the Site,
  • to verify your identity and/or location in order to allow access to your accounts, and to maintain measures aimed at preventing fraud and protecting the security of account and Personal Information,
  • to allow you to participate in surveys and other forms of market research, sweepstakes, contests and similar promotions and to administer these activities (some of these activities may have additional rules, which may contain additional information about how Personal Information is used and shared),
  • for general business purposes, to otherwise manage and operate the Site, develop new services and products, and conduct the business and operations of The Intentional Trader and its affiliates, including data analysis, audits, developing and improving products and services, enhancing the Site, identifying usage trends and determining the effectiveness of promotional campaigns,
  • for risk control, for fraud detection and prevention,
  • to enforce the Terms and Conditions of www.theintentionaltrader.com (the “Terms and Conditions”),
  • to protect the rights and property of The Intentional Trader or its officers, directors, shareholders, employees or agents, and
  • to comply with laws and regulations, and to comply with other legal processes and law enforcement requirements.

There are also certain third-party cookies that reside on our site that collect Personal Information, such as information that uniquely identifies your IP address, browser and internet device, that may be used by these third parties to, among other things, build a profile of your interests and show you relevant advertisements on this site and/or other sites.

Please be aware that you are responsible for the payment of any fees or costs incurred by you in connection with receipt of communications from The Intentional Trader or its affiliates, including data, internet, cellular carrier or other similar fees.

 

Who Your Information May Be Shared With

The Intentional Trader may share your Personal Information and Non-Personally Identifiable Information with third party vendors who need to know Information about you in order to provide their services to us. This group includes vendors that help us provide our services to you (like payment processing providers) and those that help us understand and enhance our services (like analytics providers). We may also share your Personal Information:

  • as described in this Policy;
  • as required by law or to comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
  • as reasonably necessary to respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, entity or government agency;
  • to detect, prevent and address fraud and other illegal activity and to prevent death or imminent bodily harm; or
  • for any purpose related to the business or operations of The Intentional Trader or its affiliates.

There are also certain third-party cookies that reside on our site that collect Personal Information, such as information that uniquely identifies your IP address, browser and internet device, that may be used by these third parties to, among other things, build a profile of your interests and show you relevant advertisements on this site and/or other sites.

The Intentional Trader may also share or otherwise provide Non-Personally Identifiable Information or other aggregated anonymous data or information to third parties (including sub processors) about the users or usage of the Site for purposes that we deem, in our sole discretion, to be appropriate.

The Intentional Trader may post and use any testimonials about the Site that you have provided in connection with the marketing and promotion of the Site. Testimonials and other marketing, promotions and advertisements may include limited Personal Information (such as first name and general location) that you have provided to The Intentional Trader.

The Intentional Trader may also disclose your Information to third parties as part of our selling the stock or assets of the company, as the result of a proposed or actual change in control of the company, or in connection with any financing of or investment in the company by a third party. Any successor or assign of The Intentional Trader, including any third party to which The Intentional Trader transfers or sells its assets, will have the right to continue to use your Information.

IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THIS POLICY, PLEASE EXIT THE SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THIS POLICY

Access to and Protection of Your Personal Information. You may access, modify and correct some Personal Information provided to us through your account information on the Site. If you update, modify or correct any such Personal Information, we may keep copies of your Personal Information prior to such update, modification or correction for uses provided for in this Policy. To the extent that you wish to access, modify or correct Personal Information that is not available through your account information, you may contact us in the manner set forth below. We will endeavor to respond to your request in a timely manner.

Personal Information will be stored by us in databases or servers owned and maintained by us or our affiliates, agents or service providers. Personal Information will be protected in a commercially reasonable manner. We take what we believe to be industry standard security measures to help safeguard your Personal Information, but no system is entirely secure. Although we protect your Personal Information in a commercially reasonable manner and with industry standard security measures, we do not guarantee that your Information will always remain secure.

 

 

Data Retention

We process your Personal Information while your account is active or as needed to provide you our services. If you close your account(s), your Personal Information will be retained for seven years from the closure of your account.

Do Not Track

Some web browsers have a “Do Not Track” feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our Website is not currently set up to respond to those signals.

Links to Other Websites

We are not responsible for the practices employed by websites linked to or from the Site, nor the information or content contained in such websites, nor any third party’s use of Information or other data or information which we have sold, disclosure, shared or otherwise provided to them. Please remember that when you use a link to go from the Site to another website, this Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on the Site, are subject to that website’s rules, terms and conditions, and/or policies.

Children

The Site is not directed to individuals under the age of 13. The Intentional Trader does not intentionally collect any Information on the Site from individuals we actually know are under 13. In fact, registration for and use of the Site by persons under the age of 18 is expressly prohibited. If we become aware that we have collected any Information, including without limitation Personal Information, from a person under age 13, we will take steps to remove that Information.

Right to Object to Processing Based on Your Particular Situation

Where The Intentional Trader’s processing of your personal information is necessary for legitimate interests pursued by The Intentional Trader, you nevertheless have a right to object to The Intentional Trader’s processing of your personal information on grounds relating to your particular situation. If you exercise this right, The Intentional Trader cannot process your personal data unless The Intentional Trader demonstrates that it has overriding legitimate grounds to process your personal data.

Right to Object to Processing for Direct Marketing Purposes

You have a right to object to The Intentional Trader’s processing of your personal information for direct marketing purposes. If you exercise this right, The Intentional Trader cannot process your personal information for direct marketing purposes.

10.Right to Data Portability
Where The Intentional Trader’s processing of your personal data is based on your consent or is necessary for the performance of a contract to which you are a party or is necessary to take steps requested by you prior to entering into a contract, and where The Intentional Trader’s processing of your personal data is carried out by automated means, you have a right to data portability. This means that you have a right to receive from The Intentional Trader a copy of the personal data you provided to The Intentional Trader in a structured, commonly used, and machine-readable format. Additionally, this means that you have a right to require The Intentional Trader to transmit directly to a third party the personal data you provided to The Intentional Trader, provided that such transmission is technically feasible and provided further that such third party is a natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of processing personal data.

11.Right to Withdraw Consent to Processing

Where The Intentional Trader’s processing of your personal data is based on your consent, you have a right to withdraw consent. However, your withdrawal of consent will not affect the lawfulness of The Intentional Trader’s processing of your personal data prior to your withdrawal of consent.

12.Right to Lodge a Complaint with a Supervisory Authority

If you think that The Intentional Trader’s processing of your personal data is unlawful or otherwise improper, you have a right to lodge a complaint with a Supervisory Authority. A “Supervisory Authority” is an independent public authority established by a Member State pursuant to Article 51 of the GDPR. You should contact the Supervisory Authority established by the Member State of which you are a citizen. If you cannot identify that Supervisory Authority, then you may contact The Intentional Trader using the contact information provided in Paragraph 1, above. The Intentional Trader will exercise its best efforts to assist you in identifying that Supervisory Authority.
13.Intention to Transmit Your Data to a Third Country

The Intentional Trader is based in the United States. Information about you may be transferred to, and processed in, the United States and countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country and, in some cases, may not be as protective. The Intentional Trader employs several safeguards to protect the transmission of your personal data. These safeguards include encryption of certain data and other commercially reasonable measures and practices. If you desire more information regarding these safeguards, then you should contact The Intentional Trader using the contact information provided in Paragraph 1. The Intentional Trader has not secured an Agency Decision from the European Commission that the safeguards it employs are adequate to protect your personal data.

Miscellaneous

In addition to the Site, this policy also applies to any The Intentional Trader mobile applications and any Information that we may collect through such applications. This Policy has been adopted and is effective as of the date set forth above, without waiving or otherwise releasing any right or obligation under any prior privacy policy or similar document or agreement of The Intentional Trader, including without limitation any prior privacy policy or similar document or agreement set forth on the Site. This Policy hereby amends and restates any such prior privacy policy.

The Intentional Trader reserves the right to revise this Policy at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of this Policy, and your continued use of the Site reaffirms your agreement to the then-current Policy. You agree to consult the Site regularly for up-to-date versions and information about this Policy. Without limiting the foregoing, we will provide notification by electronic mail, check box, highlighted text on the Site, or other means we deem adequate, of the adoption of a revised or amended Policy that contains material revisions, amendments or other changes to the terms.

In the event that the terms of this Policy conflict with or are inconsistent with any provision of the Terms and Conditions, the Terms and Conditions shall govern. Any claim under this Policy or otherwise related to the Site or The Intentional Trader shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions and shall be exclusively resolved by a state or federal court located in Cherokee County, GA. You agree to submit to the personal jurisdiction of the courts located within Cherokee County, GA, for the purpose of litigating all such claims. Notwithstanding the above, you agree that The Intentional Trader shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) or to enforce its rights or remedies in any jurisdiction.

The Intentional Trader reserves the right to limit the availability of the Site, and any other products or services of The Intentional Trader, to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion.

If any provision of this Policy is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Policy will not be affected in any way.

 

California Consumer Privacy Act (“CCPA”)

Privacy Notice Addendum for California Residents

The California Consumer Privacy Act (“CCPA”) provides rights for California residents to receive information from LaCon-Kres LLC, a Georgia corporation (“The Intentional Trader” or “we” or “us” or “our”) about the information we collect and use about you. This CCPA Privacy Notice addendum also provides information to California residents about what information you can obtain from us. For the full The Intentional Trader Privacy Notice, please visit

https://www.theintentionaltrader.com/privacy-policy/.

California Resident’s Right

Detailed Information

Use Purpose

Right to Know What is Collected

We may collect one or more of the types of information about you based on information you provided to us:

  • Personally identifiable data and information about you, such as your name, physical and/or electronic mail address, telephone, or mobile numbers, and other data or information that can be used to specifically identify you (all such personal data and information is collectively referred to herein as, “Personal Information”); and
  • Non-personally identifiable information about you, such demographic information, location, age, gender, and data on your use of the Site and other online activity (“Non-Personally Identifiable Information”).

Business and Commercial

Right to Request Information Regarding Personal Information Collected and Disclosed At your request, we will provide a report regarding the information we have collected, used, disclosed and/or sold to others in the prior 12 months about you which will cover:

  1. The categories of personal information collected about you;
  2. The specific pieces of personal information we have about you;
  3. Categories of sources from which personal information is collected;
  4. Our purpose for collecting or sharing personal information;
  5. Identification and categories of third-parties with whom we share your personal information.

Upon receipt of a Verified Request, we will initiate the process of gathering such personal information to provide to you. Please see the section below entitled “Submission of a Verifiable Request” for instructions on how to submit a request to exercise any of your rights. Once the request is verified as described below, it will be considered a “Verified Request” for purposes of this notice.

Business and Commercial

Right to Request Deletion of Personal Information

You can request that we delete personal information we have collected and maintains about you. In order to request that we delete such information, you need to follow the instructions provided below for submitting a Verifiable Request to delete your personal information. Upon receipt of a Verifiable Request, and so long as we have no right or obligation to keep your personal information despite your right to request deletion, we are required by law to have you confirm your previously submitted Verifiable Request to delete your information. Once you provide that confirmation, we will start the process of deleting your personal information, and we will also instruct all of our service providers that maintain your personal information on our behalf to also delete your personal information from their records.

Business and Commercial

Right to Know The Intentional Trader’s Sale of Your Personal Information

We do not sell personal information we collect from clients or prospects.

We don’t sell

Right to Opt-Out of Sale of Personal Information

While we do not sell our client’s personal information to others, you have the right to direct businesses that do sell your personal information to stop selling your personal information and to refrain from doing so in the future.

We don’t sell

Right to Non- Discrimination

We shall not discriminate against you by altering the price of any of its products or services because you chose to exercise any of your rights under the CCPA. N/A

Definitions. For purposes of this CCPA Privacy Notice addendum, the terms below have the following meaning:

Business purpose means “the use of personal information for the business’s or a service provider’s operational purposes, or other notified purposes, provided that the use of personal information shall be reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or processed or for another operational purpose that is compatible with the context in which the personal information was collected.”

Commercial purpose means “to advance a commercial or economic interest, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction,” explicitly excluding engaging in protected free speech.

Verified Request (or Verifiable Request) means a request that is made by a California resident on their own behalf, or on behalf of a California resident from whom they have received authorization, and that we can verify pursuant to its standard verification procedures. For your protection, we request and verify specific pieces of information about you prior to sharing to any data with you.

Exceptions to Our Obligation to Provide or Delete Information. You should be aware that our obligations to you are subject to certain important exemptions that will limit the things we are required to provide to or do for you under this law. Specifically, the CCPA does not apply to personal information collected pursuant to Gramm-Leach-Bliley Act (GLBA). This means that even if you submit a Verifiable Request, we are not required to provide information to you or delete your information if your information is required by us to provide any of the services we provide to consumers or clients. This will likely limit the amount of information you receive in response to a Verifiable Request under the CCPA. In addition, we are not obligated to delete information in response to a Verifiable Request if other regulations require us to maintain these records for a period of time.

Submission of a Verifiable Request. You may submit a Verifiable Request for deletion by visiting this site All other Verifiable Requests can be made here. Each Verifiable Request, no matter how submitted, must include all of the following information:

  • First and Last Name
  • Mailing address (street, city, state, zip code)
  • Email address
  • Phone number

Upon receipt of your request, we must ensure it is a Verifiable Request. we will acknowledge our receipt of your request within ten (10) days, and we have forty-five (45) days to respond to you or request that you confirm your request to delete information we hold. If reasonably necessary to respond to your Verifiable Request, we may extend the deadline for our response to you by an additional forty-five (45) days, and if we choose to do so, we will notify you.

Nevada Revised Statutes Chapter 603A addendum

Users who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request here. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

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