Terms and Conditions

EFFECTIVE DATE: March 1, 2021

Who we are

Our website address is: https://exchangelodge.com/

Terms of Service

PLEASE READ THESE TERMS OF SERVICE (THE “AGREEMENT”) IN THEIR ENTIRETY BEFORE ACCEPTING THE TERMS AND CONDITIONS AND USING THE SERVICES OFFERED BY EXCHANGELODGE INC AND ITS SUBSIDIARIES AND AFFILIATED ENTITIES (COLLECTIVELY, “EXCHANGELODGE,” “COMPANY,” “WE,” “US,” AND / OR “OUR”).

The website and domain name “www.exchangelodge.com” and any other internally-linked pages, features, content, and / or application services (including without limitation, any mobile application services) offered from time to time by Company in connection therewith (collectively, the “Website”) are owned and operated by Company.

Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Website, to you (such services, together with the Website, the “Services”), solely for your own use, and not for the use or benefit of any third party.

By registering for our Services, visiting the Website, or using any such services in any manner, you (“you”, also referred to as “Member”), or the entity or company you represent (your “Institution”), agree that you have read and agree to be bound by and become a party to this agreement, subject to any duly authorized and executed agreements between Exchangelodge and your Institution.

If you are accessing the Website or any of such services on behalf of your Institution or another entity or company, you represent and warrant that you have the authority to agree to these terms.

The Services are available only to individuals who are at least 18 years old, and therefore, if you are entering into this agreement as an individual, you represent and warrant that you are at least 18 years old.

Your use of the Website is subject to the following terms and conditions. By registering, you agree to the terms and conditions of the Agreement. If you do not unconditionally agree to all of the terms and conditions of this Agreement, you have no right to use the Website or any Services.

Acceptance

By using the Website, you acknowledge that you have read and agree to all terms, conditions contained or referenced in this Agreement. We reserve the right, at our discretion, to update or revise this Agreement at any time. Exchangelodge also reserves the right to change the terms and conditions under which the Website and its many offerings are extended to the Member. Your continued use of the Website following the posting of any changes to the Agreement constitutes acceptance of those changes. Please check back often for changes as Exchangelodge will not send notification of changes. The most recent revision date will be posted above. By accessing, viewing, or utilizing the products and/or services available on or through the Website, you indicate that you understand and recognize this Agreement to be the legal equivalent of a signed, written contract and equally binding.

Targeted members

The Exchangelodge platform and services are designed for the major participants in the institutional investment industry including fund managers, fund-of-funds managers, alternative asset managers, investment banks, endowments & foundations, and third-party administrators. All data and content is targeted to the alternative investment community.

Nature of the website

The Website is designed to serve as an informational source on the Exchangelodge platform and services as well as various other alternative investment-oriented news and content. Information is intended for educational and research purposes ONLY. Exchangelodge does NOT provide investment advice nor give recommendations on the suitability of an investment manager or their respective investment funds. Accordingly, Exchangelodge assumes no responsibility or liability for any investment decisions made or services rendered by any institutional fund manager or vendor, or any other entity featured on the Website.

We do not specifically endorse any of the investment managers and/or vendors on the Website.

Exchangelodge recommends seeking the advisement of an independent advisor before making an investment decision. Additional due diligence may be necessary before making an investment decision and should be based on a case-by-case basis depending on the circumstances. Exchangelodge shall not be held liable for investment decisions made based on content provided through the Website.

Website Content

As stated, the content on the Website is intended for informational, research, and educational purposes only. The data and information collected on alternative asset managers has been obtained from sources believed to be reliable. It is of the utmost importance to strive for the highest level of data integrity, and while there are a variety of data validations and checks in place, Exchangelodge cannot and does not guarantee accuracy or comprehensiveness of the Website.

Any decisions made based upon information gathered herein may include incorrect information that may lead to results differing from the past. Before committing to any investment, seek the advice of an independent advisor. Past performance does not guarantee similar results in the future.

Privacy

Exchangelodge is dedicated to protecting our Users’ privacy. Please refer to our Privacy Policy for a more complete description of our use of personal information.

Member Conduct

The Member hereby agrees not to use the Website or services in any way that is unlawful or prohibited by these terms and conditions. Unauthorized commercial uses of the Website, or the resale of Exchangelodge’s services, is expressly prohibited. The content and software on the Website may only be used for the purposes intended by Exchangelodge. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Website is strictly prohibited.

 

The Member hereby agrees not to upload, post or distribute any content through the various mediums via the Website that:

 

  • restricts or inhibits any other user from using the Website;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, vulgar, offensive, pornographic, profane, indecent, or contains explicit or graphic descriptions or accounts of sexual acts;
  • discriminates, victimizes, harasses, degrades, or intimidates an individual or group of individuals;
  • attempts to gain unauthorized access to the Website, network, server or other systems related to the Website;
  • constitutes unauthorized or unsolicited advertising, junk or spam email, chain letters, pyramid schemes, any other form of unauthorized solicitation, any form of lottery or gambling or any information, software or other material of a commercial nature;
  • contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • violates, plagiarizes or infringes the rights of third parties including, without limitation, copyrights, trademark, patent, rights of privacy or publicity or any other proprietary right;
  • constitutes or contains false or misleading indications of origin or statements of fact; or
  • violates or encourages conduct that would violate any other applicable laws or regulation or give rise to civil liability.

 

Exchangelodge reserves the right at all times to edit, refuse to post, or remove any information or materials, in whole or in part, that in Exchangelodge’s sole discretion are objectionable or in violation of this Agreement.

Links

Exchangelodge may, at its sole discretion, offer links to websites of various vendors and providers of institutionally oriented services. As these websites are not maintained by Exchangelodge, we do not guarantee or attest to the accuracy and completeness of the information obtained through these links. Accordingly, Exchangelodge will not be held liable for decisions made based upon information on these linked websites. These links should not serve as an endorsement for any particular vendor’s capabilities or services, as we have no control over the quality, accuracy or comprehensiveness of the information obtained. As always, an independent advisor’s assistance should be sought before making an investment decision.

Copyright and Trademark Notice

You hereby acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.

Except as expressly authorized by Exchangelodge, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from such materials or content, or in any manner commercially exploit any content or materials on/from the Website. You must abide by all copyright notices, information, or restrictions contained in or attached to any content or portion of the Website.

“Exchangelodge,” “exchangelodge.com” and the Exchangelodge logo and any other logos or similar marks are trademarks and service marks of Exchangelodge Inc. All other trademarks, service marks and logos used in the Website are the trademarks, service marks or logos of their respective owners.

Disclaimers

ALL CONTENT MATERIALS, INFORMATION, SOFTWARE, FUNCTIONS, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE.

WHILE EXCHANGELODGE ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE INFORMATION, CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON THE WEBSITE MAY INCLUDE INACCURACIES OR UNRELIABLE DATA. MOREOVER, EXCHANGELODGE MAY MAKE MODIFICATIONS AND / OR CHANGES TO THE WEBSITE OR IN THE INFORMATION, CONTENT, PRODUCTS, AND SERVICES DESCRIBED ON THE WEBSITE AT ANY TIME, FOR ANY REASON. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EXCHANGELODGE INC AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION TRANSMITTED THROUGH THE WEBSITE. FURTHER, EXCHANGELODGE AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. EXCHANGELODGE AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

Limitation of Liability

IN NO EVENT SHALL EXCHANGELODGE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THE WEBSITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF EXCHANGELODGE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IF, NOTWITHSTANDING THE ABOVE, EXCHANGELODGE IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY AND THE SOLE LIABILITY OF EXCHANGELODGE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY MEMBER TO EXCHANGELODGE IN CONNECTION WITH THE SUBJECT MATTER FROM WHICH YOUR CLAIM ARISES.

Indemnification

You agree to indemnify, defend and hold harmless Exchangelodge and its affiliates, and any of their officers, directors, shareholders, employees, consultants, agents, licensors, licensees, information providers and suppliers, from and against any and all claims, liability, damages, costs and/or expenses, including but not limited to reasonable attorneys’ fees, arising from your use or misuse of the Website or any breach of any covenant, representation or warranty contained herein.

Arbitration and Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, as applied to agreements entered into and completely performed in the Pennsylvania, without regard to conflicts of law rules.

Purpose. Any and all Disputes (as defined below) involving you and Exchangelodge will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 14 (the “Arbitration Provision”) shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms, this Section 14 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.

Definitions. The term “Dispute” means any claim or controversy related to the Services or the Software, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, “Exchangelodge” means Exchangelodge and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Services or the Software.

Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Exchangelodge by mail to 2818 Smallman Street, Pittsburgh, PA 15222.

Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or Exchangelodge may bring an individual action in a small claims court in the area where you access the Services if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Exchangelodge about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and Exchangelodge agree otherwise, any arbitration hearing will take place in Pittsburgh, PA. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of the JAMS fees and costs will be Exchangelodge’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the JAMS fees and costs shall be governed by the JAMS Rules and you shall reimburse Exchangelodge for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Exchangelodge will pay all fees and costs that it is required by law to pay.

Severability and Waiver of Jury Trial. If any part of subsection of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND EXCHANGELODGE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.

Term and Termination

This Agreement will take effect at the time the Member begins using the Website, thereby indicating acceptance of this Agreement and at each use thereafter the Member shall be deemed to have reaffirmed his or her acceptance of this Agreement. Exchangelodge reserves the right at any time and for any reason in its sole discretion to deny any Member access to the Website or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.

By accepting this Agreement, the Member hereby acknowledges that he or she has read, understood and agrees to the terms and conditions contained in this Agreement.

If you have any questions about these Terms and Conditions, please contact us at hello@exchangelodge.com.

Arbitration and Governing Law

This Agreement will take effect at the time the Member begins using the Website, thereby indicating acceptance of this Agreement and at each use thereafter the Member shall be deemed to have reaffirmed his or her acceptance of this Agreement. Exchangelodge reserves the right at any time and for any reason in its sole discretion to deny any Member access to the Website or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.

By accepting this Agreement, the Member hereby acknowledges that he or she has read, understood and agrees to the terms and conditions contained in this Agreement.

If you have any questions about these Terms and Conditions, please contact us at hello@exchangelodge.com.

Copyright/DMCA

We respect the intellectual property of others, and we require that our users to do the same. In this section, you will find information about our copyright infringement procedures and policies.

Notification of Copyright Infringement

If you are a copyright owner (or an agent of a copyright owner) and believe material posted or linked to on our site infringes upon your copyright, you may submit a Notification of Claimed Infringement under the Digital Millennium Copyright Act (“DMCA”) by sending an e-mail to our Designated Copyright Agent containing the following information:

 

  • A clear identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are posted on a single web page and you notify us about all of them in a single notice, you may provide a representative list of such works found at the site.
  • A clear identification of the material you claim is infringing on the copyrighted work, and information sufficient to locate that material on our website.
  • A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
  • A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • Your contact information so that we can reply to your notice, preferably including an e-mail address and telephone number.
  • The notice must be physically or electronically signed by the copyright owner or a person authorized to act on behalf of the owner.

 

Your written Notification of Claimed Infringement must be sent to our Designated Copyright Agent at the e-mail address listed below. We will review and address all notices that substantially comply with the requirements identified above. If your notice fails to substantially comply with all of these requirements, we may not be able to respond to your notice.

We suggest that you consult your legal advisor before filing a Notification of Claimed Infringement. Please note that you may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability.

Please note that we may not be able to contact you if we receive a Notification of Copyright Infringement about the material you posted online. In accordance with our Terms of Service, we reserve the right to remove any content posted on our websites at any time at our sole discretion.

Termination of Subscribers

It is our policy, in what we deem in our sole discretion to be appropriate circumstances, to disable and/or terminate the accounts of users, subscribers or account holders who repeatedly infringe the copyrights or other intellectual property rights of others.

Designated Copyright Agent Contact Information

Notices with respect to this website should be sent to: hello@exchangelodge.com

Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including “line-noise” interference).

 

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Unless expressly provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.

This Agreement is not assignable, transferable, or sub-licensable by you except with Company’s prior written consent. The company may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind the Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

Privacy Policy

As a business-to-business fintech, software-as-a-service provider and platform, Exchangelodge Inc and its subsidiaries and affiliated entities (collectively, “Exchangelodge”, “we,” “our” or “us”) are committed to protecting Personal Information and complying with applicable privacy requirements in a trustworthy, transparent and responsible manner.

This Privacy Policy describes how Exchangelodge collects, uses, and discloses Personal Information about individuals (collectively, “users” or “you”) receiving our products and services, exploring or maintaining a business relationship with us (either directly or through an intermediary such as your employer) and/or using the Exchangelodge website(s), online features, or mobile applications (each a “Site” or collectively, our “Sites”).

As used in this Privacy Policy, Personal Information means any information relating to an identified or identifiable natural person; Personal Information is intended to cover all information subject to personal data processing and privacy laws applicable to our business.

This Privacy Policy also describes your rights, where applicable, and how to exercise them. You may contact us at any time with questions related to our Personal Information processing and privacy via email at hello@exchangelodge.com.

In some instances, we may post or provide materials that provide further descriptions of Personal Information processing related to certain products and services. We may also post information about how we comply with specific Personal Information laws or regulations like European Union or United States privacy laws. Such materials are for informational purposes only and are not intended as an exhaustive listing of Personal Information processing related to the product and service. The materials should not be construed as modifying this Privacy Policy.

Global applicability

As a global service provider, different Exchangelodge entities, products, services, and Sites may be subject to different privacy laws based on where an affiliated entity operates, where the products or services are delivered, and / or where you are located. Where this Privacy Policy states that a provision applies “to the extent required by applicable law,” such provision will be applicable only to the extent that Exchangelodge is subject to legal requirements imposing it.

For purposes of data protection laws, except where this Privacy Policy does not apply, as described below, the Exchangelodge entity that will be the “controller” of your Personal Information will be the entity that delivers the products or services you (or the company for whom you are working or have a business relationship) are receiving or maintains the Site that you are using. You can identify a particular Site through the Site’s web address (URL).  Although your data controller may be a specific Exchangelodge entity, contact and other client relationship information that we collect may be held in a client relationship management or contact database which can be accessed by other Exchangelodge entities which may be located globally; further information about international transfers of information is provided below. To the extent required or permitted by applicable law, by visiting or using our Sites, you are consenting to us collecting and processing information about you in accordance with this Privacy Policy.

Select non-applicability

This Privacy Policy does not apply to Personal Information processed in connection with the delivery of services to Exchangelodge by suppliers or contractors; such relationships are governed solely by the Personal Information processing terms and conditions between Exchangelodge and the supplier/contractor. It also does not apply to job applicants or employees, which are subject to relevant privacy notices.

This Privacy Policy also does not apply to the extent that:

  • Exchangelodge’s contract for the delivery of products or service prescribes different terms and conditions for the processing of your Personal Information;
  • Exchangelodge is delivering products or services as a fintech platform, in which case the contractual terms and conditions between Exchangelodge and the data controller / contracting party shall govern;
  • The Site for the products or services sets forth an additional or alternative Privacy Policy; or
  • Applicable law imposes different processing or privacy requirements on your Personal Information.

Client contributions

Many professional firms voluntarily provide data to Exchangelodge for inclusion in our platform database and other data products pursuant to a data input agreement between the firm and Exchangelodge. This data may include personal data, which we process in accordance with the data input agreement.

If your employer contributes data to Exchangelodge and wants your name and professional information included in our platform database and other data products, then someone at your firm may have provided Exchangelodge with your personal data. If your personal data has been contributed to Exchangelodge by your employer, then we do process your personal data. With respect to privacy laws, your employer is the “controller” of the data, and Exchangelodge acts as a processor on its behalf.

Exchangelodge processes the personal data that professional firms provide for inclusion in our platform database and other data products. This is limited to information related to professional activities, such as an individual’s name, role, business contact information, employment status, and professional credentials (please see “Information We Collect”, below).

With regard to client-contributed data, we recommend you reach out to your employer, as they are the controller of your data. If you reach out to Exchangelodge directly, we will refer your request to your employer.

Information we collect

We only collect information from you or your representative (such as your employer) or about you that is reasonably necessary for us to provide the relevant product or service, business relationship and/or communication, consistent with the nature of such product, service, relationship or communication. Based on the specific products, services, business relationship or Sites involved as well as requirements under applicable law, we may collect the following categories of personal information (“Personal Information”) from you or your representative:

  • Name;
  • Email address;
  • Telephone number;
  • Mailing address;
  • Company;
  • Title or Position;
  • Business contact information;
  • Username and password;
  • Billing Information; and
  • Any other Personal Information you or your representative volunteers on or provides access to via any or our Sites and / or any Exchangelodge community forum, social media offering, or blog.

We may also automatically collect the following categories of information from devices (e.g., mobile, computer, laptop, tablet) used to visit or use our Sites or that receive HTML-formatted email messages (“Device Information”):

  • IP address;
  • Device identifier;
  • Log files;
  • Cookies;
  • Clear gifs;
  • Pixel tags and similar technologies;
  • Flash LSOs

Certain Device Information may be deemed Personal Information in accordance with applicable law. Personal Information and Device Information are collectively referred to as “information.”

Based on the specific products, services, business relationship or Sites involved (as well as requirements under applicable law), we may collect the following categories of Personal Information on our own or from third parties about you:

  • Information about you available in news feeds, exchange data feeds, and other public data sources (including the public internet);
  • Information provided by relevant regulators, government agencies and non-government credentialing or professional organizations;
  • Information related to your status under economic sanctions, anti-money laundering and similar laws or other information that may impact our ability to engage in business with you or a company at which you are an employee, officer or director, or significant shareholder;
  • Information that you, your employer or other representative make publicly available via your personal or company website or in social media profiles;
  • Information related to your professional activities (such as consulting to public retirement funds) that is contained in documents released by a governmental body under Freedom of Information Act, State open records laws, Open Government License or similar laws and regulations;
  • Information from event organizers for events that you have attended;
  • Information from companies providing professional contact information to their customers/subscribers; and
  • Other Personal Information to the extent permitted by applicable law and reasonably necessary for the performance of our business obligations, compliance with laws applicable to our business or pursuit of our legitimate business interests.

How we use your information

The following is an overview of Exchangelodge’s purposes for processing Personal Information. Often due to the nature of the product or service involved or the context in which the Personal Information is used, it will be apparent how we intend to use the information. Additional information about processing related to a particular product or service may be separately posted on the relevant Site or contained in the applicable terms and conditions.

We may use the information we collect for the purposes identified below. To the extent required by applicable law, each purpose for the processing of Personal Information is substantiated by one or more lawful bases for processing. Unless otherwise identified with respect to a particular product or service, our processing is done based on one or more of the following:

Purpose of Processing

     Basis for Processing

Provide you (or your employer / represented company) with our services and products and communicate with you about your (or your employer’s / represented company’s) account or use of our products, services, and/or Sites

    • Perform or enter into a contract
    • Legitimate business interests
    • Comply with a legal obligation
    • Consent

Monitor for security threats and fraud involving the use of our products, services, Sites, or physical facilities

    • Legitimate business interests
    • Comply with a legal obligation

Register or establish an account for you (or your employer / represented company) as a client

    • Perform or enter into a contract
    • Legitimate business interests
    • Comply with a legal obligation

Register you (or your employer / represented company) to receive services or information through one or more of our Sites

    • Perform or enter into a contract
    • Consent

To the extent permitted by applicable law, identify you (or your employer / represented company) as a prospective client for products or services and provide you with relevant information and/or invitations to events

    • Legitimate business interest
    • Consent

Manage our relationship with you (or your employer / represented company) as a client, business prospect, and/or information recipient

    • Perform or enter into a contract
    • Legitimate business interest
    • Consent

Pursue or enforce our legal rights related to our business, products, services, or Sites and/or defend against claims made against us

    • Perform or enter into a contract
    • Legitimate business interest

Communicate with you (or your employer / represented company) about your (or your employer’s/represented company’s) account or use of our products, services, or Sites

    • Perform or enter into a contract
    • Legitimate business interest
    • Consent

Create informational materials and statistical extracts for our products and services

    • Perform or enter into a contract
    • Legitimate business interest
    • Consent

Develop, provide content for, operate, deliver, and market our products, services, and Sites

    • Perform or enter into a contract
    • Legitimate business interest
    • Consent

Improve the quality of our Sites and tailor them to your preferences

    • Legitimate business interest
    • Consent

With respect to situations where we process Personal Information based on our legitimate business interest, reflecting that we are generally a business-to-business product and service provider, we typically collect and process limited Personal Information about corporate client points of contact and individuals acting in their professional capacities as part of our overall effect to reduce the privacy impact on individuals. To the extent required by applicable law, you have the right to object to our processing of your Personal Information where the legal basis for our processing is a legitimate interest. Where our processing of your Personal Information is based on your consent, you have the right to withdraw your consent at any time.

We also use your information for compliance with our company policies and procedures, for accounting and financial purposes, and otherwise as required or permitted by applicable law. If you do not provide us with information as described above, we may not be able to fulfill the applicable purpose of collection, such as completing a contemplated transaction, responding to your queries, or providing access to our Sites to you.

Automated processing

Exchangelodge does not engage decision-making based solely on automated processing of Personal Information, including profiling, which produces legal effects concerning an individual or similarly significantly affects an individual.

How we share your information

From time to time, to the extent permitted by applicable law and subject to any contractual limitations on sharing Personal Information set forth in a relevant contract for products and services, we may share your information with our affiliates, subsidiaries, business partners, clients (such as where we process your Personal Information in connection with your role with your employer), third party service providers and authorities in the following circumstances:

Affiliates, Subsidiaries, Business Partners and Clients. We may share your information with our affiliates, subsidiaries, business partners, and clients in the US and worldwide for purposes identified above. To the extent required or permitted by applicable law, by visiting or using our Sites or otherwise providing us with your information, you consent to this sharing of your information. Where such consent exists, to opt-out of such sharing, please contact us via email at hello@exchangelodge.com or at the location in the Contact section below.

Service Providers. We may share your information with third parties who perform functions on our behalf (e.g., hosting or operating our services or Sites, sending email marketing communications, or data analysis). We do not authorize these third parties to use your information for purposes other than for which it has been provided, and we do not authorize these third parties to disclose that information to unauthorized parties. We require these third parties to maintain appropriate security to protect your information from unauthorized access or processing.

As Required or Appropriate by Law. We may disclose your information to regulatory authorities, courts, and government agencies where we believe that doing so would be in accordance with or permitted or required by any applicable law, regulation or legal process, to defend the interests, rights, and / or property of Exchangelodge, or others, or to respond to emergencies.

Business Transfers. We may transfer your information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets. To the extent permitted by applicable law, we may share information with a prospective buyer or transferee of the business as part of the diligence process provided that we require any such third party to maintain the confidentiality of your information and protect it with appropriate technical and organizational security measures.

We may share your information with other third parties as directed by you or subject to your consent. We may also share and otherwise process aggregated information or de-identified information that does not identify you individually with other third parties. We also use this aggregated or de-identified information for Exchangelodge’s and its affiliates’ various business purposes, including the creation and sale of other products and services to our clients and potential clients. This aggregate or de-identified information is not traceable to any particular client or user and will not be used by a third party to contact you.

WE DO NOT SHARE, SELL, RENT OR TRADE THE PERSONAL INFORMATION YOU PROVIDE THROUGH OUR SITE TO OUR SERVICE PROVIDERS OR BUSINESS PARTNERS FOR THEIR OWN DIRECT MARKETING PURPOSES, unless we have explicitly given you the option to opt-in or opt-out of such disclosures. The foregoing restriction does not apply to information provided by those firms voluntarily contributing data for inclusion in our databases and other data products.

Marketing communications

We process Personal Information within the scope of our marketing and market segmentation. With market segmentation, we mean that we categorize our client base based on professional affiliations and functions, alignment with our services and products, and information gathered from public sources of information. For clients or users of our Sites, we may also use information gathered from your use of our products, services and/or Sites for marketing purposes.

You always have the right to request that we stop using your Personal Information for direct marketing purposes. To the extent required by applicable law, you have the right to object to the processing of your Personal Information based on a legitimate interest as legal basis. You also always have the right to withdraw your consent at any time when we need your consent in order to process your Personal Information. If you withdraw your consent, you will no longer receive information and offers that are tailored for you.

E-mail

We may contact you, by email or other means; for example, we may communicate with you about your use of the Website or any of the Services or send to you general industry newsletters or emails with personalized news updates. Also, we may receive a confirmation and/or other information when you open an email from us. This confirmation and/or other information helps us make emails more interesting and improve our service. If you do not want to receive email or other mail from us, you may opt-out at any time. You may click the “Unsubscribe” link at the bottom of any marketing email and follow the instructions found on the page to which the link takes you. You cannot opt-out of receiving transactional emails related to your account or use of the Services. Please note that if you do not want to receive legal notices from us by email, those legal notices will still govern your use of the Website or any of the other Services, and you are responsible for reviewing such legal notices for changes.

Your rights regarding your personal information

To the extent required by applicable law, in our capacity as the controller of your Personal Information, we will also provide you with the opportunity to be informed of whether we are processing your Personal Information and at any time to access, correct, update, oppose, delete, block, limit or object to our use of your Personal Information. The foregoing rights will be afforded to you free of charge (except to the extent that your requests are manifestly unfounded or excessive, in which case, we may charge an administrative fee or refuse to meet your request). Please note that legal obligations that apply to our business may prevent us from immediately deleting parts of your information. To exercise your rights, please contact us as detailed below.

To prevent fraudulent activity, we may require you to authenticate your identity when you contact us. We will try to comply with your request as soon as reasonably practicable and within the timeframes required by applicable law. Please note that in some instances, due to the nature of the information that we receive, we may require you to provide additional information that will help us identify which information is yours. For requests subject to the European General Data Protection Regulation, we will respond to your request within one month of our receipt of it. We may extend this period by two further months taking into account the complexity of your request or the number of requests that we have received; we will inform you of any such extension within one month of receiving your request along with the reasons for the delay and information about your right to file a complaint with the supervisory authority.

The following sets out a summary of your rights to the extent that your Personal Information is processed subject to the European General Data Protection Regulation:

Right to access, rectification, erasure, and restriction of the processing. You have the right to request:

  • Access to your Personal Information. This means that you have the right to request information on our use of your Personal Information. You also have the right to request a copy of the Personal Information being processed at no cost. However, we may charge you a reasonable administrative fee to provide you with additional copies of the Personal Information. If you make your access request by electronic means such as email, we will provide you with the information in a commonly used electronic format.
  • Rectification of your Personal Information. We will at your request, or at our own initiative, rectify, anonymize, erase or complement Personal Information that you or we discover is inaccurate, incomplete, or misleading. You also have the right to complete the Personal Information with additional data if relevant information is missing.
  • Erasure of your Personal Information. You have the right to request that we erase your Personal Information if we no longer have an acceptable reason for processing the data. Given this, erasure shall be made by us if 1) the Personal Information is no longer necessary for the purposes for which it was collected; 2) we use your Personal Information with your consent and you withdraw your consent; 3) you object to the processing of your Personal Information based on our legitimate interest and there is no overriding legitimate ground for the processing; 4) the Personal Information has not been lawfully processed; 5) we are required to erase the Personal Information due to a legal obligation; or 6) you are a child. However, there might be requirements under applicable law, or other compelling reasons, that prevents us from immediately erasing your Personal Information. In such case, we will stop using your Personal Information for any other reasons than to comply with the applicable law, or the relevant compelling reason.

Right to restrict processing: This means that we temporarily restrict the processing of your Personal Information. You have the right to request the restriction of the processing when:

  • You have requested rectification of your Personal Information in accordance with this Privacy Policy, during the period of time we are verifying the accuracy of the data;
  • The processing is unlawful and you do not want the Personal Information to be erased;
  • As a data controller, we no longer need the Personal Information for the purposes for which it was collected, but you require us to retain the information for the establishment, exercise, or defense of legal claims; or
  • You have objected to our legitimate interest for the processing in accordance with this Privacy Policy, during the period of time that we are determining whether the legitimate interest overrides your privacy rights.

Right to object to processing. You have the right to object to the processing of your Personal Information based on our legitimate interest. If you object to such processing, we will only continue with the processing if we have a compelling legitimate reason for the processing that outweighs your interest, rights, or freedoms, or if continued processing is necessary for the establishment, exercise, or defense of a legal claim.

Right to portability. You have the right to receive certain of your Personal Information in a structured, commonly used, and machine-readable format and have the right to transmit those data to another controller. You only have this right when your Personal Information is processed by automated means and our legal basis for the processing is the performance of a contract between you and us. 

Right to lodge a complaint. You have the right to lodge any complaints regarding our processing of your Personal Information with the supervisory authority.

Security of your information

We take reasonable technical, administrative and physical security measures to protect your information, including applying generally accepted industry standards to protect the information submitted to us during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure, so we unfortunately cannot guarantee absolute security. If you have reason to believe that your interaction with us is no longer secure (e.g., if you feel that the security of any account you might have with us has been compromised), please contact us immediately at: hello@exchangelodge.com.

Retention of your information

We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Policy and as otherwise needed to comply with applicable law and recordkeeping requirements or to address any complaints, challenges, legal or compliance matters related to the information.

Cookies

When you use our Sites, we along with our affiliates, subsidiaries, and third-party service providers may use “cookies” and similar technologies (e.g., log files, clear gifs, pixel tags, and Flash LSOs) (collectively, “technology”). This technology may involve placing small files/code on your device or browser that serve a number of purposes, such as remembering your preferences (e.g., language) and generally improving your experience on our Sites. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymized tracking data to third-party applications like Google Analytics.

As a rule, cookies will make your browsing experience better. Specifically, we may use such technology for purposes such as to:

  • Provide us with general analytics about our Sites, including demographic information in a non-identifiable form, in order to improve our Sites’ performance and customize users’ experience;
  • Enable us to help you make better use of our services or Sites such as by suggesting how you can improve your use of different features or functionality or help address technical issues that you encounter in using our services or Sites;
  • Support security measures, such as requiring re-login into your account or additional authentication when using a new device to access our Sites;
  • Measure the success of our marketing campaigns and compile statistics about the Site’s usage and email response rates; and
  • More effectively market our Sites and advertise other Sites that may be of interest to you.

You may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.

Links to other websites

Our Sites may contain links to other websites or services that are not owned or controlled by Exchangelodge. This Privacy Policy only applies to information collected by our Sites. We have no control over third-party websites, and your use of third-party websites and features is subject to privacy policies posted on those websites.

We may use third-party payment services to process purchases made through the Sites. If such service is made available and you wish to make a purchase through the Site, your Personal Information may be collected by a third-party (and not by us). In that case, the information you provide to the third party will be subject to that third party’s privacy policy and not this Privacy Policy.

We are not responsible or liable for the privacy or business practices of any third-party websites linked to our Sites. Your use of third parties’ websites linked to our Sites is at your own risk, so we encourage you to read the privacy policies of any linked third-party websites when you leave one of our Sites.

Children

None of our Sites are targeted for use by children under the age of eighteen. We do not target any of our products or services or Site content/features for use by children of such age.

Changes to this Privacy Policy

Except to the extent limited by applicable law, we reserve the right to update this Privacy Policy to reflect changes to our information practices by posting notice of the update on our Sites. To the extent practical, we will provide advance notice of any changes; however, we may be unable to do so if the revisions are in response to legal or regulatory changes or guidance.

Contact

If you have any questions, complaints, or additional claims with respect to the Website or Services, you may contact us at:

Exchangelodge Inc
2818 Smallman Street
Pittsburgh, PA 15222

hello@exchangelodge.com