PRIVACY POLICY

Last updated: April 30, 2024

This Privacy Policy (the “Policy”) explains the Personal Information we collect in connection with your use of SOMA.finance, including any related subdomain (the “Site”), the SOMA.finance services, applications and software provided through or in connection with the service, including through a mobile device (collectively, the “Service”), how the information will be used, what we do with it, how we protect it, and your correction or deletion of that information.

SOMA.finance is a website and online service owned and operated by SOMA Finance, Incorporated, d/b/a SOMA.finance, an affiliate of Tritaurian Capital, Incorporated (“TTC”), which together with its directors, employees, agents, suppliers, partners, and content providers (individually and collectively, “SOMA.finance”, “we,” “us,” “our”) is committed to protecting your personal and financial information.

We strive to manage privacy rights consistently, but some privacy rights may only be available to residents of certain localities or jurisdictions.

WHAT IS PERSONAL INFORMATION?

When we use the term “Personal Information” we mean the information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, to you or otherwise defined under applicable laws. Subject to applicable laws, it does not include aggregated, de-identified, or information that does not identify or can be reasonably linked to you, as defined under applicable privacy laws.

WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?

We collect information about our users in four ways: (a) directly from the user, (b) from our web server logs, (c) through cookies, web-beacons, and server logs, and (d) from third parties with whom we may have agreements to perform certain functions or services on our behalf.

Customer information such as personal identifiers, including your name, postal address, email address, phone number, online identifier, IP address, or other similar identifiers
Sensitive personal information such as your government-issued identification, social security number or other government-issued identification number, citizenship, date of birth, or account log-in, password or credentials allowing access to your account(s) or to our online offerings
Financial account information such as your banking account and routing information, brokerage account information, tax information (such as your tax identification number), investor status, and other information specified below that we collect related to our provision of financial products and services. We may also collect account log-in, password or credentials for other financial sites or accounts to allow you to access to your account(s) or to our online offerings
Commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Biometric information, including your facial geometry or voice print, for use for identity-verification and security purposes
Internet or other electronic network activity information, including, but not limited to, browsing history and search history while using the Services, and other information regarding your interactions with our digital offerings or our advertisements
Professional or employment-related information, such as job title and business contact information
Education information
Inferences drawn from information described about, including for the creation of a summary about your preferences, behavior, and characteristics
Other information you provide to us, such as preferences and other settings, survey responses, feedback, questions, comments, and any other information submitted to our customer support team or other representatives

Information We Collect From You

The following information may be collected in connection with your use of the Site and Services:

Information you provide online and on applications or other forms, or through discussions we have with you or your representatives, such as your name, address, email address, telephone number, Social Security number, date of birth, income, employment information, investment experience, and any information about your personal goals or objectives;
Information entered online that may be stored even if you do not complete or submit an application;
Information about your transactions with or through us, such as your account balance and account history, if applicable;
Information from third parties in order to verify your identity, investor status, or to prevent fraud;
Information from third parties that you authorize to provide information to us;
Information you provide to us about your external financial accounts in order for us to provide you special product and service features; and
Information regarding external financial accounts will not be disclosed to any other entities.

Information That We Automatically Collect

Like many websites, we collect information from you automatically across several websites, apps and devices using tracking technologies. The tracking technology is further described in the Cookies and Similar Technologies section below. When you access the Service, we may collect technical and navigational information, such as computer browser type, Internet protocol address (“IP address”), device ID, pages visited, general statistical and tracking information, your computer operating system and browser information, viewing history, and average time spent on our Sites. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our Web design and functionality. We train our employees about privacy and limit access to this information. To maintain security of your online session and prevent unauthorized users from accessing your account we use firewall barriers, encryption techniques and authentication procedures.

We will not sell, rent, license, or disclose any of your Personal Information to any nonaffiliated third parties, except as described below. If you decide to close your account, SOMA.finance will continue to adhere to the privacy policies and practices as described in this Privacy Policy.

Personal Information We Collect From Third Parties

We also collect Personal Information about you from Third Parties. We may collect information from Third Parties in order to verify your identity, investor status, or to prevent fraud, or when you authorize Third Parties to provide information to us.

We may receive information about you from our digital advertising networks, or our business partners, such as an online identifier or whether you read our ads.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We may use the Personal Information we collect about you to:

Service and maintain your account
Provide the Service
Facilitate communication between you and other users
Respond to inquiries from you or your representative
Develop, offer, and deliver products and services
Enable our vendors and contractors to provide and assist us in the marketing, operation, troubleshooting and analysis of the Site and other services
Analyze data
Conduct research and analyze data to improve our products, services, and the Site
Deliver email messages like special offers, updates, newsletters, customer service, and service announcements
Comply with and meet any regulatory requirements for the offer or sale of securities required by law, rules or regulations to our affiliates or members
Protect the Site or its users
Engage in any other lawful activities we believe are consistent with the foregoing
When required by law or to protect against legal liability
For internal business purposes

When you subscribe to make an investment in one of the opportunities listed on the Site, you will again be asked for some of the same Personal Information as well as some additional data, such as your bank routing number and bank account number. This data is needed in order to enable ourselves or our broker-dealer partners to utilize your bank account to originate funds transfers and later to make investment disbursements to you.

HOW DO WE SHARE YOUR PERSONAL INFORMATION?

Your Personal Information (including sensitive Personal Information) will be disclosed or shared for the purposes set forth herein and in accordance with applicable laws. We may disclose aggregated or de-identified information about our users, and information that does not identify or allow for the reidentification of any individual, without restriction.

SOMA.finance does not sell your Personal Information for payment or for any other compensation. SOMA.finance also does not sell, rent, or license, or otherwise disclose Personal Information about current or former users to anyone, except in cooperation with the government and regulatory agencies with a lawful summons, court order, subpoena, fraud investigation, audit or regulatory examination, investigations of a violation of legal rights of SOMA.finance or any other person, or as permitted or required by law, to non-affiliated third parties that help us provide Services to you. For example, the United States Securities and Exchange Commission (“SEC”) requires that we verify your accredited investor status before you may invest in any offerings made available through our Site. To that end, SOMA.finance employs or contracts with other third parties, companies or individuals, including TTC, to perform certain functions or services on its behalf.

We may also disclose or share your Personal Information to others under the following limited circumstances:

With our family of subsidiaries and affiliates within the Tritaurian Capital, Incorporated (“TTC”) family of companies. TTC is a securities broker/dealer registered with the U.S. Securities and Exchange Commission and a member of Financial Industry Regulatory Authority, Inc., is a provider of execution and other services related to the equity securities transaction aspects of our business. Your personal information will be shared with TTC. Tritaurian Capital, Incorporated is located at 430 Park Avenue, 19th Floor, New York, New York 10022. You can view the TTC BrokerCheck record here and reach their website here.
Other financial institutions or payment processors with whom we partner to verify your credit or finances, verify your identity, provide escrow services, store your payment information, or process transactions you have authorized, and process or disburse funds;
When you engage in blockchain based Services, some information is recorded publicly on a distributed ledger that is accessible to others, such as IDs, timestamps and wallet addresses;
To third parties approved by you, (for example, third-party payment providers that you may choose to link your account to);
To contractors, service providers, and other processors (such as website hosts, and others) we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for specific purposes for which we disclose it to them;
To a buyer or other successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SOMA.finance’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding in which Personal Information held by SOMA.finance about our website users is among the assets transferred;
When necessary to protect against, and detect a fraud. To cooperate with law enforcement officials, comply with any court order, law or legal process, including to respond to any government or regulatory request. We may also disclose your Personal Information to law enforcement agencies, tax authorities (including the U.S. Internal Revenue Service pursuant to the Foreign Account Tax Compliance Act, to the extent this applies), fraud prevention agencies, debt collection agencies, self-regulatory organizations (such as those that operate virtual currency derivative exchanges), and other regulatory bodies to comply with our legal and regulatory obligations (including to respond to a subpoena, information request, court order, or similar legal procedure);
To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes;
If we believe disclosure is necessary or appropriate to the rights, property or safety of SOMA.finance, our customers or others or to comply with applicable laws and regulations;
To third parties that you direct us to share your Personal Information with and for any other purpose we may describe to you and as where necessary to which you consent.

Since we do not have direct control over the policies and practices of TTC, or any third-party vendor or partner, we are not responsible for the privacy practices or contents of their sites. In addition to notifying TTC, we will also notify the party or parties offering (or issuing) the investment of your interest, and may notify other users in the event that you have chosen to share such information.

In turn, in order to comply with SEC requirements, we may have to share information with issuers of securities or other offerings made available on our Service, with broker dealers, or with TTC, depending on the types of investments you will be making through the Site. All non-affiliated third parties that accept or receive this information from us are obligated contractually or by law or regulation to keep this information confidential and to use the information only to provide the services we ask them to perform. These non-affiliated third parties will be provided with only that information necessary to perform their functions on our behalf, and we will not allow them to use your Personal Information for any other purpose. SOMA.finance shall be entitled to transfer to a third-party information it maintains, including any Personal Information, in connection with a transaction or proceeding involving a transfer of some or all of the assets relating to the Site or a business in connection with which such information is maintained.

We may also make your information available on the Service and visible to other users of or visitors to the Service. For instance, subject to certain preferences and permissions as to visibility you will be allowed to make, information you provide about yourself in response to questionnaires on the Service may be made available to others such as information concerning your status as an accredited investor. As such, other users of the Service may be able to identify you based on your information made available on the Service. As a further example, if you utilize third-party services to log into the Service, other users to whom you may be connected to through such third-party service may be able to view or follow information about you on the Service. If you use our blog on the Site, you should be aware that any Personal Information you submit there can be read, collected, or used by other users of this forum, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in this forum.

In the event that you request access to the confidential investment details and business details of an offering on the Site or the Service, the email address linked to your SOMA.finance user account may be furnished to the issuer to facilitate communication between you.

COOKIES AND SIMILAR TECHNOLOGIES

Cookies are small text files, which often include a unique but anonymous code, sent by a Site server to your Web browser and stored on your computer. They recognize you as a repeat visitor, allowing you to log in faster and enhance your navigation through the site and the general user experience. Cookies do not identify you by name as an individual or by account number. Cookies also track traffic patterns on our Site, helping us understand how you are using our Site. This information allows us to improve the security, content, navigation and functionality of our Site. Cookies note that your browser was used to visit certain sites, pages, or advertisements on a certain date, but are not used to collect or disseminate any personal information.

Additionally, we use cookies on our Service and the sites on which we advertise to track advertising performance and to collect aggregate data on Web page viewing. We may contract with third-party service providers (e.g. Google Analytics) to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can manually disable cookies. You should review the online documentation of your browser or consult with the provider of your browser for instructions on how to disable cookies. However, disabling cookies may cause some parts of the Site to not function properly.

Changing cookies on your browser will not change the way you are tracked on a mobile device. You can adjust your tracking preferences on your mobile device through your device settings.

We may contract with third-party service providers to assist us in analyzing cookies and similar technologies. For example, we use Google Analytics to understand how our website performs and how you use it. These third parties can use cookies and other technologies to collect information, such as the browsers you use to access our site, websites viewed, time spent on websites, and links clicked.

To learn more about how Google processes your data, please visit https://www.google.com/policies/privacy/

You may stop or restrict the placement of our cookies, Google’s cookies and third-party cookies on your computer by adjusting your web browser preferences or a “Do Not Track” setting in your web browser. If you do so, you may still use our website, but this may interfere with some of its functionality.

You may also clear cookies from your computer via your web browser settings. You may also wish to use a Google Analytics opt-out web browser add-on. Information on this option is available here.

A “web beacon” is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a site or in an email which allows the website to record the simple actions of the user opening the page that contains the beacon. “Server logs” can be either a single log file or several log files automatically created and maintained by a server of activity performed by the server, which can include information about any transaction you conduct with the server.

INTEREST-BASED ADVERTISING

When you visit our Site, read our emails or ads or otherwise engage with us, both we and certain third parties collect certain usage and device information about your online activities to provide you with advertising about products and services tailored to your individual interests. You may see certain ads on other websites because we participate in advertising administered by third-parties. These networks track your online activities over time and across different sites by collecting information through automated means, including through the use of third party advertising cookies and pixel tags. The networks use this information to show you advertisements that are tailored to your individual interests, often called ad targeting or cross-contextual advertising. The information our ad network vendors collect includes information about your visit to our website, such as the pages you have viewed. This process also helps us track analytics on the effectiveness of our marketing efforts, such as number of visitors, traffic to our website, and other website and ad engagement data. You may also opt out of ad targeting as permitted under applicable privacy laws. See the Your U.S. State Privacy Rights section below.

E-MAIL

When you register as a user on the Service, you will receive emails that confirm specific actions you requested, including emails to which you must respond to complete your registration, and notifications confirming your registration. Thereafter, you may receive emails when a new investment opportunity is offered, as well as updates concerning the progress of the funding of such opportunity or offering other relevant information. If you make an investment through the Site, we or TTC will also send you non-brokerage confirmations of the investment and occasional updates as to the status of that investment and the timing of distributions relating to that investment. We may also send you responses to emails you send us, if appropriate. From time to time, we will also send user surveys, requests for user feedback regarding user experience and Site operations or marketing offers from us or from us on behalf of our marketing partners. The completion of these surveys or requests for feedback or acceptance of any offer is strictly voluntary. If you do not wish to receive these offers, surveys or user feedback emails, please opt out in any offer email you receive from us.

If you correspond with us by email, we may retain the content of your email messages, your email address and our responses in our email records. We will retain emails that are sent from SOMA.finance to you. Emails are subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. We retain email correspondence to build records of our relationship and to measure and improve our service. We may, over time, delete these records if permitted by law.

You may receive periodic updates emails from SOMA.finance. You may opt-out of the emails at any time. Instructions for unsubscribing are included in each email.

Opt-Out Policy

We may at times send you email communications with marketing or promotional materials. If you prefer not to receive such marketing or promotional emails from us, you may unsubscribe completely by using the unsubscribe link in the email or by emailing us at: contact@soma.finance.

Please also note that at times we may need to send you email communications that are transactional in nature such as service or termination announcements or payment confirmations which are communications you will not be able to opt-out of.

You will be able to modify the information concerning your account by visiting your profile page and editing any information you wish to change. You will be able to change your email address, password, contact information, or other login information by visiting your account’s settings page subject to our website policy. If you wish to delete your account or need help modifying account information, please contact us at contact@soma.finance

PROTECTING YOUR INFORMATION

SOMA.finance uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We employ a variety of security measures, including encryption and authentication tools. Your Personal Information is stored behind firewalls and is only accessible by a limited number of people who are required to keep the information confidential. Despite our efforts, no website, mobile application, or computer system is 100% secure or “hacker proof” so we cannot guarantee your information will never be accessed, used, or disclosed without authorization. We have taken certain steps designed to reduce the risk that the Personal Information that you provided to us will be misused, lost, disclosed or altered.

If you have a unique password for access to non-public areas of the Site, you are solely responsible for all activities that occur in connection with your password. Accordingly, you should take steps to protect the confidentiality of your password. Notify SOMA.finance immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password. To protect your privacy and security, maintain the secrecy of your unique password and account information, and for controlling access to your email communications from SOMA.finance, at all times.

Despite these measures, we cannot guarantee that unauthorized persons will always be unable to defeat our security measures.

INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

The Service may be accessed by users located outside the United States and some of the third-party service providers with whom we may share your information are located in the United States and other countries. As a result, your information may be transferred from another country into the United States and from there to another country, or to another country directly. To the extent required by applicable law, we ensure that international transfers of your information are subject to appropriate protections, and we ensure such transfers are legal by using valid legal methods such as standard data protection clauses approved by the European Commission or the United Kingdom, or if we have your express consent to the transfer.

YOUR U.S. STATE PRIVACY RIGHTS

Consistent with applicable laws, you may exercise certain privacy rights described in this section. Please note that some of these rights may vary based on country, province or state of residence. If you are a California, Colorado, Connecticut, Montana Oregon, Texas, Virginia or Utah resident, you have specific privacy rights under these state privacy and data protection laws.

Please note that we may refuse to honor a request to delete your Personal Information and we are allowed to continue to maintain the Personal Information. Some examples include situations where retention of the Personal Information is reasonably necessary to:

Complete the transaction for which the Personal Information was collected, provide a good or service requested by the consumer or reasonably anticipated within the context of the covered business’s ongoing business relationship with the consumer, or otherwise perform a contract between us and you;
Help to ensure security and integrity to the extent the use of the Personal Information is reasonably necessary and proportionate for those purposes;
Debugging to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise that consumer's right of free speech, or exercise another right provided by law;
To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information;
Comply with a legal obligation.

Right to Know. You have the right to ask us to disclose the Personal Information we have collected, shared, or sold about you. If we are able to verify your identity, we will provide the categories of Personal Information we have collected about you, the categories of sources from which we collect it, our business or commercial purpose for collecting the Personal Information, and the specific pieces of Personal Information we collected. If we have disclosed your Personal Information to any third party for any reason, we will also tell you the categories of Personal Information we disclosed, the categories of third parties with whom we shared it, and the purpose for which we shared it. You also have the right to request that we provide you the specific pieces of Personal Information that we collected and retained about you.

Right to Opt Out of Sale or Sharing of Your Personal Information and Targeted Advertising. We do not sell your Personal Information for payment or for any other compensation. However, some of the ways in which we share your Personal Information with third parties may (such as via cookies and similar technologies), under certain state privacy laws, could be considered “sharing” of Personal Information for “cross-context behavioral advertising” (as those terms are used in state privacy laws). You have the right to tell us “Do Not Sell or Share My Personal Information” or to direct us not to share your Personal Information we have collected about you to third parties, including without limitation for targeted advertising (and cross-cross context behavioral advertising”).

You can learn more about these technologies and how to opt out of them by visiting our Cookie Policy.

Right to Deletion. You have the right to request that we delete any Personal Information we have collected about you. We will only do this if we can confirm your identity, and in some cases, we are required or permitted by law to retain all or some of your information for specific purposes.

Right to Correct. You have the right to request that we correct your inaccurate Personal Information maintained by us.

Right of Data Portability. You have the right to request and have us transfer to another entity your Personal Information in a machine readable format to the extent technically feasible.

Authorized Agent. Under certain state laws, you have the right to appoint an authorized agent to exercise these rights for you. We have the right to verify that the authorized agent acts on your behalf.

We will not discriminate against you, for example by receiving a different quality of Services, if you exercise any of these rights.

To exercise your rights under U.S. state privacy email us at privacy@soma.finance. In order to respond to your request, we may validate your email address if you have an account with us. If you use an authorized agent to exercise rights for you, we will confirm that the agent is authorized by you. When you make a request about your Personal Information, we will endeavor to respond within the amount of time in accordance with applicable laws.

“Shine the Light” law. If you are a California resident, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email, or write to us at the address listed below. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry.

Use of Sensitive Personal Information

We do not use or disclose sensitive Personal Information unless it is necessary to provide the Services that you requested, with your consent, and as authorized by applicable law.

Appealing Requests

As discussed above, we may not always be able to honor your data subject access request, for example if we cannot verify your identity, or if we need to maintain your information for permitted legal and transactional purposes. If you have any unresolved privacy concerns that we have not addressed to your satisfaction after you have contacted us, you may have the right to appeal our decision by responding directly in your request or by contacting us as described in the Contact Us section below. We will respond to all appeal requests as soon as we reasonably can, but no later than as required by applicable laws.

Verification

For us to process certain requests, we will need to verify your identity to confirm that the request came from you. We may contact you by email to verify your request. Depending on your request we may ask you for additional information to verify your identity. If we cannot verify your identity we cannot respond to your request.

U.S. STATE LAW PRIVACY DISCLOSURES

Certain U.S. state privacy laws and regulations require that we provide certain disclosures, including a description of legal rights, This section applies as is applicable in addition to all other applicable rights and information contained in this Privacy Policy.

We describe in the section above entitled “What Personal Information Do We Collect and How We Collect It” the categories of Personal Information we have collected in the last twelve months and the sources of Personal Information.

We describe in the section above entitled “How Do We Use Your Personal Information” the business purposes for collection of the Personal Information.

We describe in the section above entitled “How Do We Disclose, Share or Sell Your Personal Information” the categories of your Personal Information that we disclosed, shared or sold in the preceding 12 months and the categories of third parties with which we disclosed, shared or sold your Personal Information to and for what purposes the Personal Information is disclosed, sold or shared.

THIRD-PARTY SITES AND PLATFORMS

Our Service may contain links to other third-party sites, platforms, services, plugins, and applications (collectively, “Third Party Sites”). When you select a link to a Third Party Site, you are subject to the privacy and security policies of that Third Party Site and the SOMA.finance Privacy Policy is no longer in effect. SOMA.finance does not control the privacy policies or the privacy practices of any Third Party Sites. We are not responsible for the practices employed by Third Party Sites linked to or from our Site nor the information or content contained therein. Your browsing and interaction on any other Third Party Site, including those that have a link on our Site, is subject to that Third Party Site’s own rules and policies. Please read over those rules and policies before proceeding.

NOTIFICATION PROCEDURES

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Site page, as determined by SOMA.finance in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in the Agreement.

DATA RETENTION

We retain your Personal Information only for as long as we need it to fulfill the purposes for which it was collected and to comply with our legal obligations. We will generally store Personal Information associated with your account until it is no longer necessary to provide services to you, until you ask us to delete it, or until your account is deleted, whichever comes first; but there are some exceptions to this general rule. We will retain information from deleted accounts to comply with the law, prevent fraud, resolve disputes, troubleshoot problems, assist with investigations, enforce our agreements, and take other actions permitted by law. For more information, contact us using the address at the end of this Privacy Policy.

CHILDREN’S PRIVACY

This Site is intended to be used by adults. It is not intended for children. SOMA.finance does not knowingly collect or solicit personal information from anyone under the age of eighteen (18) or knowingly allow such persons to register. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 is allowed to provide any personal information to SOMA.finance. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at contact@soma.finance.

TERMS OF USE

Please also visit our Terms of Use which, among other things, establishes the use, disclaimers, and limitations of liability governing the Services.

CHANGES TO THIS PRIVACY POLICY

SOMA.finance reserves the right to make changes to the contents of the Policy, modify, add, or remove portions of this notice at its’ sole discretion without notice or liability. You agree to review our Privacy Policy along with other notices and procedures posted on the Site prior to using our Service. Any changes or updates become effective immediately upon posting to this Site. Changes to the Policy will be reflected at the top of this Web page with a posting of a “last updated” date. Please be sure to check this page periodically for changes. You are bound by changes to the Policy when you use the site after those changes have been posted.

CONTACT US

If you have questions about the Privacy Policy or would like to suggest improvements, please contact us at contact@soma.finance.