privacy policy

303 Holdings, Inc. (Pando) (“we”, “us” or “our”) values your privacy.  In this Privacy Policy (“Policy”),we describe how we collect, use, and disclose information that we obtain about visitors to our website at www.pandopooling.com (the “Site”) and the services available through our Site (collectively, the “Services”) and our Pando communities (“Community” or “Communities”), and how we use and disclose that information.

By visiting the Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy and to the extent you enter into the agreements offered as part of the Services, as described in the Business Income Pool Platform Agreement (“Platform Agreement”) and the Business Income Pool Participation Agreement (“Pooling Agreement”). Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and the Terms of Use, including its applicable limitations on damages and the resolution of disputes, and by entering into the Platform Agreement and/or the Pooling Agreement, any dispute over the confidentiality terms contained therein is subject to the terms of such agreement, including its applicable limitations on damages and the resolution of disputes.

The Information We Collect About You

We collect information about you directly from you and from third parties, as well as automatically through your use of our Site orServices.

Information We Collect Directly From You.  You may browse certain areas of the Site without registering with us or providing us personal information.  If you complete one of our contact forms, or applications, or sign onto the Platform, then we collect your name and email address and certain additional background information.  If register to become a member of ourCommunities, we collect your name, email address, equity ownership information, and company valuation data.  If you enter a Pool Agreement, we may collect additional information as contemplated by that agreement, including information, historical and prospective, about your eligible income subject to such agreement, and with respect to your marital status.  In addition, if you are providing personal information for third parties in connection with using ourServices, you are responsible for ensuring that you have all required permissions and consents to provide such personal information to us for use in connection with the Services and that our use of such personal information to provide the Services does not violate any applicable law, rule, regulation or order.

Information We Collect Automatically. We may automatically collect the following information about your use of our Site or Services through cookies and other technologies: your domain name; your browser type and operating system; webpages you view; links you click; your IP address; the length of time you visit our Site and or use our Services; and the referring URL, or the webpage that led you to our Site.  We may combine this information with other information that we have collected about you, including, where applicable, your username, name, and other personal information.  Please see the section “Our Use of Cookies and Other Tracking Mechanisms” below for more information.

How We Use Your Information

We use your information, including your personal information, for the following purposes:​​

• To provide our Site and Services to you, to communicate with you about your use of our Site and Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes, including potentially providing your information to others on thePlatform or who have entered Platform Agreements or Pool Agreements  or their representatives, and are thereby bound by the confidentiality terms contained in such agreement, or potentially providing your name and that you have registered on the Platform to others who are contemplating registering on the Platform or entering into a PlatformAgreement.
• To improve our Site and Services and develop new products and services.
• To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.
• For marketing and promotional purposes.  For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you.  We also may use the information that we learn about you to assist us in advertising our Services on third party websites.
• To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services and respond to user desires and preferences, and for other research and analytical purposes.
• To comply with the law, respond to requests from law enforcement or regulatory authorities, to enforce our agreements with you, to protect the rights, interests and property of Pando and others, to protect the security of our Site and Services and for other purposes consistent with the manner of the collection.  

How We Share Your Information

We may share your information, including personal information, as follows:

• Others on the Platform or Communities. We may share limited personal information with others who have registered on the Platform or who have entered Platform Agreements or Pool Agreements, or their representatives for the purpose of their consideration of forming a pool with you, joining your pool or having you join their pool, however, if we do, we require such other persons to agree that their use and disclosure of your personally identifiable information will be maintained by such persons in accordance with the confidentiality terms of such agreements.  In addition, if you participate in our Communities, your name and contact information as well as any information you disclose in connection with Communities activities, will be shared with other members of the Communities, who also are required to maintain such information as confidential.  Please note that while we require other persons in your income pool or other members in your Community to maintain the confidentiality of such information, we are not responsible for their use of the information you choose to share or their violation of their confidentiality obligations.
• Others Considering Registering on the Platform or Communities. We may share your name and the fact that you have registered on the Platform orCommunities to others who are contemplating registering on the Platform or Communities entering into a Platform Agreement or Community Terms.
• Affiliates.  We may disclose the information we collect from you to our affiliates or subsidiaries solely for the purpose of providingServices to you; however, if we do so, their use and disclosure of your personally identifiable information will be maintained by such affiliates and subsidiaries in accordance with this Policy.
• Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.
• Business Transfers. If we are acquired by or merged with another company or entity, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, or if we are in negotiations for any such transactions, we may transfer the information we have collected from you to the other company or entity.
• In Response to Legal Process or Regulatory Requests.  We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena, or in response to requests from law enforcement or regulatory agencies.
• To Protect Us and Others.  We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to the security of our Site and Services, situations involving potential threats to the safety of any person, violations of our agreements with you  or this Policy, or as evidence in litigation in which we are involved.
• Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties and publicly for marketing, advertising, research or similar purposes.

Please note that except as noted above, we will not sell or share your personal information with any third party for their direct marketing purposes without your consent.

Our Use of Cookies and Other Tracking Mechanisms

We and our third party service providers may use cookies and other tracking mechanisms to track information about your use of and interactions with our Site and Services.  We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).  We may share your personal information and interactions with our Site and Services with third parties for marketing and other purposes. If you use our Site or Services, you consent to this tracking and sharing with third parties.  

Currently, our systems do not recognize browser “do-not-track”requests.  You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies), but such disabling will impair use of the Site and Services.

Cookies.  Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes.  Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Services. There are two types of cookies: session and persistent cookies.

• Session Cookies.  Session cookies exist only during an online session.  They disappear from your computer when you close your browser or turn off your computer.  We may use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site.  This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site and Services.
• Persistent Cookies.  Persistent cookies remain on your computer after you have closed your browser or turned off your computer.  We may use persistent cookies to track aggregate and statistical information about user activity.

Please see our cookie policy for more information on the cookies we use.

Disabling Cookies.  Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future.  The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.  Visitors to our Site who disable cookies will not be able to browse certain areas of the Site or use the Services.

Third Party Analytics

We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and our Services.  We also may use other analytic means to evaluate our Site and Services.  We use these tools to help us improve our Services, performance and user experiences.  These entities may use cookies and other tracking technologies to perform their services.  We do not share your personal information with these third parties.  For more information on Google Analytics and to opt out of their tracking technologies, go to https://tools.google.com/dlpage/gaoptout.

​Third-Party Links

Our Site and Services may contain links to third-party websites, including any link you access either through our Site or by means of electronic communication from us.  Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites and affiliates on its website. We are not responsible for the information practices of such third party websites.

Security of My Personal Information

We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee 100% security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private.  We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Location of Information

Our Site and Services are offered from the United States.  We store any information we collect in the United States.  If you access the Services or Site from outside the United States, you agree to the transfer of your information to the United States, which may have less protections for your personal information than your jurisdiction of residence.

​Access, Correction and Deletion of My Personal Information

You may request access, modification or deletion of personal information that you have submitted to us by contacting us at info@pandopooling.com. We will use reasonable efforts to accommodate such requests to the extent required by law, provided that we maybe required to retain personal information to comply with legal obligations, to exercise or defend legal claims or for other business purposes.  Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.

EUROPEAN UNION AND UNITED KINGDOM RESIDENTS

Residents of the European Union and the United Kingdom may have additional rights as set forth below:

• The right of access to your personal information, including confirmation if we are processing it and the purposes of the processing,
• The right to correct your personal information, as permitted by law.
• The right to ask us to delete your personal information, which may be exercised, among other reasons, (i) when your personal information is no longer necessary for the purposes for which it was collected or otherwise processed; (ii) when you withdraw consent from the purposes for which we processed it and where we have no other legal ground for processing; (iii) when you object to processing and we have no overriding legitimate grounds for the processing; or, (iv) when your personal information has been unlawfully processed.
• The right to restrict the processing of your personal information, including where the processing is unlawful or when the accuracy of your personal information is contested.
• The right to data portability of your personal information, where technically feasible.
• The right to object to our processing of your personal information, including processing for direct marketing purposes, where we have no compelling legitimate grounds for the processing that override your interests.

You can exercise these rights by emailing us at info@pandopooling.com.  We will respond within the time and according to procedure set forth in the applicable data protection laws.

Legal Bases for Processing

Where required by law, our processing of your personal information is based on the following legal bases:

• We process your personal information as necessary to enter and enforce our contracts with you.
• We process your personal information for the legitimate purpose to provide you with the Site and Services, including to facilitate your transactions, improve our Site and Services, enhance your experience with our Site and Services, maintain your account, and provide you with technical support or customer service assistance.
• We process your personal information if we receive your consent to do so, including to provide you with promotional information about our Site and Services. You can withdraw that consent at any time by emailing us at info@pandopooling.com.
• We may process your personal information if we have legal grounds to do so, including in response to any legal process, internal investigation, and in connection with any investigation, action, enforcement, or litigation, including to protect the rights of our users.

The controller of your personal information is 303Holdings, Inc., a Delaware corporation with an address at 3245 Geary Blvd #590359, San Francisco, CA 94118.

While we encourage you to contact us directly and allow us to work with you to address your concerns, you also have the right to lodge a complaint before the supervisory authority in the EU Member State where you reside or work or the place of the alleged infringement.  For the United Kingdom you can contact the Information Commissioner’s Office at https://ico.org.uk/make-a-complaint.  You may exercise these rights if you consider that the processing of personal information relating to you infringes applicable data protection laws.

What Choices Do I Have Regarding Marketing?

We may send periodic promotional or informational emails to you if you have subscribed to receive such communications on our Site.  You may opt-out of such communications by following the opt-out instructions contained in the e-mail.  Please note that it may take up to 10 business days for us to process opt-out requests.  If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us. Please note that to help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail com if your computer supports such capabilities.

Children Under 13

Our Site and Services are not designed for children under 13.  If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

Contact Us

If you have questions about the privacy aspects of our Site or Services or would like to make a complaint, please contact us at info@pandopooling.com