This Privacy Policy (“Policy”) of tzupstock.com or themarketobserver.com (the “Websites” or “Sites” or MOB) and all related content, materials and services is hereby made effective as of 09/01/2023.

The Market Observer respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit our Sites, and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect on the Sites and through email, text, and other electronic messages between or among you, other users of this Sites, and/or MOB or any employees, agents, consultants or independent contractors. It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by us or any third party; or 
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Sites.

 

General

When you (“you” or “your” or “user” or “member”) browse the Sites, register for a membership, or use our products, services or other materials available on or through the Sites, 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 Sites, 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 Sites.

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 Sites 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 Sites, 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 Website and other online activity (“Non-Personally Identifiable Information”).

 

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

Using the Sites. When you access, visit and use the Sites, we may 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 Sites. We may 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 Website. This Information is generally collected passively using various technologies, but this Information may also be provided by you through interactions or communications with the Sites or us.

Registration. In order to become a registered user of the Sites 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 or PayPal information. Without providing Personal Information, you cannot create an account, become a registered user of the Sites, 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 Sites or our customer service in order to assist you or maintain or improve the Site.

Cookies and Tracking Technologies

Like many websites, we use cookies and similar technologies to record your preferences, track your usage of the Sites, improve the Sites 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, STJ 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 Flash objects,
• through pixel tags, web beacons, or clear GIFs, 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 Sites or in connection with our business or operations; and, for security purposes and to ensure the availability of the Sites, 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 Sites or MOB. And, when you visit the Sites, we may 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 Sites, 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, MOB uses cookies and other tracking technologies for a number of reasons, including, without limitation, protecting your MOB 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:

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 Sites. 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 Sites and will not be able to monitor its performance.

Functionality: These cookies enable the Website to provide enhanced functionality and personalization. They maybe 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 yourIP 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 the Sites and/or other Sites.

Your Options

Cookies are automatically placed on your computer when you access the Sites. 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.

Browser Cookies: Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. For more information about how to manage browser cookies, please follow the instructions provided by your browser.

Information We Do Not Collect

MOB is solely an informational and educational platform and online community, providing general impersonal advice and education so you can independently trade your own funds and securities and learn about investing and other products, services or resources offered by, on or through the Sites. We do not provide investment advisory services or trade securities for the account of others. We do not collect information regarding your specific securities, assets or other investments.  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 effectuate 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 Sites, 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. Don’t be fooled by scams or other imposters asking for this information, they are not from MOB! If someone pretending to be affiliated with MOB asks you for this information, please contact observer@themarketobserver.com

How We Use Your Information

MOB uses your Information, including Personal Information, in connection with the operation, development and improvement of the Sites and other products and services offered by MOB and its affiliates, the operation and billing of your account and/or membership, and for other uses consistent with this Policy. MOB 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 Sites 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 Sites, 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 Sites,

• 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 Sites, develop new services and products, and conduct the business and operations of MOB 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 the Sites (the “Terms and Conditions”),

• to protect the rights and property of MOB or its officers, directors, shareholders, members, employees or agents, and

• to comply with laws and regulations, and to comply with other legal process 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 MOB or its affiliates, including data, internet, cellular carrier or other similar fees.

With Whom Your Information May Be Shared

MOB 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 MOB or its affiliates. 

 

There are also certain third-party cookies that reside on our Sites 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.

MOB 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 Sites for purposes that we deem, in our sole discretion, to be appropriate. 

MOB may post and use any testimonials about the Sites that you have provided in connection with the marketing and promotion of the Sites.

Testimonials and other marketing, promotions and advertisements may include limited Personal Information (such as first name and general location) that you have provided to MOB.

MOB may also disclose your Information to third parties as part of our selling the stock, units, interests 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 MOB, including any third party to which MOB 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 Sites. 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 following 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 Sites are 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 Sites, 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 Sites 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 Sites, are subject to that website’s rules, terms and conditions, and/or policies.

Children

The Sites are not directed to individuals under the age of 13. MOB does not intentionally collect any Information on the Sites from individuals we actually know are under 13. In fact, registration for and use of the Sites 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. If you believe we might have any information from or about a child under 13, please contact us at observer@themarketobserver.com.

Miscellaneous

In addition to the Sites, this policy also applies to any MOB 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 MOB, including without limitation any prior privacy policy or similar document or agreement set forth on the Sites. This Policy hereby amends and restates any such prior privacy policy.

MOB reserves the right to revise this Policy at any time without notice. By using the Sites, you are agreeing to be bound by the then-current version of this Policy, and your continued use of the Sites reaffirms your agreement to the then-current Policy. You agree to consult the Sites 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 Sites, 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.

All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of Utah, without regard to principles of conflict of laws. The parties to this Privacy Policy will submit all disputes arising under or related to these Terms and Conditions, your use of MOB products or services, or this agreement, to individual (not class-wide or collective) binding arbitration in Salt Lake City, Utah before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in Utah. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Notwithstanding the above, you agree that MOB may apply for injunctive remedies (or an equivalent type of urgent legal relief) or to enforce its rights or remedies in court in any jurisdiction.

MOB reserves the right to limit the availability of the Sites, and any other products or services of MOB, 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.

Privacy Notice and Consumer Rights Addendum for California Residents 

As of January 1, 2020, if you are a California resident, you may request a copy of your personal information. You may also request that we delete or amend all or part of your personal information. To submit a verified request, please contact us at observer@themarketobserver.com and title the subject of your email “California Privacy Rights Request”. In response, we will request information from you to verify your identity.

California’s Shine the Light Law

California’s “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal data (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge. However, we do not disclose personal data protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

California Consumer Privacy Act (“CCPA”) –

The California Consumer Privacy Act of 2018 (“CCPA”) provides rights for California residents to receive information from MOB about the information we collect and use about you. We adopt this notice to comply with the CCPA and any terms defined in the CCPA have the same meaning when used in this Policy. This CCPA Privacy Notice addendum also provides information to California residents about what information you can obtain from us.  The CCPA provides our users who are California residents the following rights:

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 may 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 sending an email to observer@themarketobserver.com Each Verifiable 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.

You may only make a Verifiable Request twice within a 12-month period.  We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Privacy Rights Addendum for Nevada Residents

Nevada Revised Statutes Chapter 603A addendum

If you are a Nevada consumer, Nevada law permits you to request that your personal data not be sold (as defined under applicable Nevada law), even if your personal data is not currently being sold. Users who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to observer@themarketobserver.com, providing the following information:

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

However, please know that we do not currently sell data triggering the opt-out requirements under Nevada’s statute.

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information 

If you have any questions or comments about this notice, the ways in which MOB collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California or Nevada law, please do not hesitate to contact us at:

Email: observer@themarketobserver.com