Website Privacy Policy

Last Updated: 11/21/2024

Welcome to https://brighamexploration.com (the “Website”), which is owned and operated by Brigham Exploration Company, LLC, its subsidiaries and affiliates (together, “Brigham Exploration,” “we” or “us”). We have developed this website privacy policy (“Website Privacy Policy”) to provide you with information about the types of information we may collect from you when you visit our Website or otherwise contact us. Please note that if you are an investor in one of our funds, you should review the privacy notice(s) provided with your investment documents for additional information on our information collection and use.

If you are a California resident and your personal information is subject to the California Consumer Privacy Act, California Civil Code § 1798.100 et seq., (with any implementing regulations, and as amended by the California Privacy Rights Act, and as further amended from time to time, “CCPA”), please review the Additional Information for California Residents section below for additional disclosures, our Notice at Collection, a description of your rights under the CCPA.

Information We Collect and How We Collect It

In general, we collect information, including personal information, when you communicate with us and when you use the Website. When we use the term “personal information” we mean any information about an individual from which that person can be identified. We may collect personal information when you provide it to us directly and we may also collect some information automatically or from other sources.

Information Provided by You

Depending on how you interact with us, we may collect certain categories of personal information from or about you including:

  • Identifiers such as, your name, address, date of birth, email address, or other similar identifiers.

  • Financial information, including, for example, your signature or bank account or other financial information.

  • Demographic information, including, your sex or gender, national origin, or marital status.

  • Geolocation information, including, the location of your device.

  • Audio, electronic, visual, or similar information.

  • Internet or other electronic network activity information, including, for example, information regarding your interaction with our website or use of certain online tools.

  • Professional or employment-related information, including your current or former employer or your current professional title.

  • Inferences drawn from any of the information identified above to create a profile reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.  For example, information on your potential interest in investing in new funds or investment vehicles based on various information.

Information Collected Automatically

When you visit our website, certain information about your visit is automatically logged through the use of cookies, web beacons, embedded web links and similar tools (collectively “Automatic Data Collection Tools”). In addition, some of our service providers may collect information about your online activities over time and across third-party websites using Automatic Data Collection Tools.

We may automatically collect the following information, which may include personal information, through our Automatic Data Collection Tools:

  • Log Information: Log information is data about your use of the website, such as IP address, browser type, internet service provider, referring and exit pages, operating system, date and time stamps, and related data, which is stored in log files.

  • Browsing Information: Browsing information is information about your interactions with the website or emails, including information about your browsing behaviour. Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, and other tracking technologies now and hereafter developed may be used on the website to collect browsing information.

  • Device Information: Information about the device you use to access our website, including the hardware model, operating system and version, unique device identifiers, and mobile network information.

Our website uses necessary cookies in order to make our website function and it uses certain functional and performance cookies to collect analytics information about your visit. For more information, please review Our Website’s Use of Cookies and Similar Technologies below. 

Other Sources of Personal Information

Depending on how you interact with us, we may collect personal information from you through sources such as service providers and other third-party services.

Please note that personal information once “de-identified,” is not subject to this Website Privacy Policy, and we and our service providers may treat it as non-personal information and use it without obligation to you except as provided by applicable law.

Purpose for Collecting and Using Personal Information

We may collect, store, and otherwise process your personal information for various purposes including to:

  • Respond to any questions or comments you send to us or where you report a problem with the website.

  • Manage and operate our website, including keeping it up to date and relevant, and to develop our business.

  • Comply with our legal or regulatory obligations.

  • Detect security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity.

  • Internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.

How We May Disclose Information

We may disclose all of the personal information that we collect in the following ways: 

  • To service providers, such as administrators, banks, auditors, law firms, consultants and placement agents.

  • Entities that provide technological services and functionality such as our operating systems and platforms, and internet services.

  • Advertising partners and data analytics providers.

  • At your request or direction or with your consent.

  • As otherwise permitted or required by law or regulation, including, but not limited to, governmental organizations and self-regulatory organizations.

Additionally, we may share personal information in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation).

Security of Personal Information

We will take reasonable steps to use security measures appropriate to the nature of the information to protect personal information against unauthorized access, exfiltration, acquisition, theft, or disclosure. Given the nature of information security, there is no guarantee that such safeguards will always be successful.

Our Website’s Use of Cookies and Similar Tools

As noted above, our website uses Automatic Data Collection Tools including cookies to automatically collect and store information about your visits. Cookies are small text files that are stored in your computer’s memory and hard drive or in your mobile device or tablet when you visit certain web pages.  They are used to enable websites to function or to provide information to the owners of a website or other third parties that receive data obtained from that website.

We may use service providers, including Google to collect such information. For more information on (a) how Google collects and processes such information, please click here, and (b) how to prevent the use of Google relating to your use of our website by downloading and installing a browser plug-in, please click here.

You can change your cookie preferences by changing the setting on your web browser to delete or reject cookies.  If you delete or reject cookies, some portions of our website may not function properly.

How Long We Keep Information

We will store your personal information only for as long as necessary for the purposes of providing access to our website and related services to you, as required by law, and for the exercise or defense of legal claims.

Where We Process Your Information

We are based in the U.S. When you provide personal information to us from outside of the U.S., please be aware that we will receive and process it in the U.S. and that U.S. data protection laws may be different from those of your country of residence.

Children’s Information

Our website is not intended to attract children, and we do not knowingly collect any personal information about anyone under the age of 13. If you believe your child is using our website, please contact us using the information provided in Additional Information & Contact Us below so that we can investigate and delete any data as may be appropriate.

Links to External Websites

Our Website may contain links to third party websites.  Any access to and use of such third-party websites is not governed by this Website Privacy Policy, but, instead, is governed by the privacy policies of those third-party websites.  We are not responsible for the information practices of such third-party websites.

Your Rights

You may have certain rights with regard to your personal information, including to access to the personal information. If you wish to exercise any of these rights, please contact us using the information below in Contact for More Information. Please use the subject line “Rights Request” if emailing.

If you are a California resident, please see Additional Information for California Residents & Notice at Collection below for additional information on your rights under the CCPA and how to exercise them.

Additional Information for California Residents & Notice at Collection

As a business, California’s privacy law, the CCPA, requires us to provide additional disclosures with regard to our collection, use, disclosure, and sharing of personal information and your potential rights with regard to your personal information under the CCPA.  The rights described herein are subject to exemptions and other limitations under applicable law.

Notice at Collection and Use of Personal Information

Information We Collect

Depending on how you interact with us, we may collect the categories of personal information listed above in the section Information We Collect and How We Collect It

Purpose for Collection and Use of Information

We may collect and use personal information from you for the purposes described above in the section Purpose for Collecting and Using Personal Information.

Sale or Sharing of Personal Information

We do not sell or share your personal information (as such terms are defined under the CCPA).

How Long We Keep Information

We retain your personal information as described above in the section How Long We Keep Your Information.

For more information about our privacy practices, please review our entire Website Privacy Policy.

Our Collection, Use, and Disclosure, of Personal Information and Sensitive Personal Information

What Information We Have Collected, the Sources from Which We Collected It, and Our Purpose for Collecting the Information

In the preceding 12 months, depending on how you interact with us, we may have collected the categories of personal information from all or some of the categories of sources listed above in the section, Information We Collect and How We Collect It. We may collect all or a few of these categories of personal information for the business or commercial purposes identified in the section, Purpose for Collecting and Using Personal Information.

Disclosure of Personal Information

We do not sell or share your personal information as defined under the CCPA (as those terms are defined under the CCPA). We do not knowingly sell or share the personal information of California residents under 16 years old.

In the preceding 12 months, we may have disclosed for a business purpose the following categories of personal information to the following categories of third parties, as described in the following chart:

In addition, we may disclose, and, in the preceding 12 months, may have disclosed all of the categories of personal information identified in Information We Collect and How We Collect It. to the following categories of third parties: (i) judicial courts, regulators, or other government agents purporting to have jurisdiction over us, our subsidiaries or our affiliates, or opposing counsel and parties to litigation; and (ii) other third parties as may otherwise be permitted by law. We may disclose personal information to all such third parties above to comply with our legal obligations or for the business and commercial purposes identified in Purpose for Collecting and Using Personal Information. Additionally, we may disclose your personal information to third parties upon your request, at your direction or with your consent.

We may disclose or make available your personal information with our service providers such as our administrator, IT providers, or CRM provider, consultants, email archiving services, and other entities that have agreed to limitations on the use of your personal information, or entities that fit within other exemptions or exceptions in. or as otherwise permitted by, the CCPA.

Use and Disclosure of Sensitive Personal Information

As noted above in Information We Collect and How We Collect It, certain personal information we collect and process may be considered “sensitive personal information.” The CCPA requires that we provide you with a right to limit our use or disclosure of such sensitive personal information in certain circumstances. Currently, we are not using your sensitive personal information for purposes that would require that we provide you with a right to limit.

California Residents’ Rights under the CCPA

If your personal information is subject to the CCPA, you may have certain rights concerning your personal information, subject to applicable exemptions and limitations, including the below listed rights. 

  • Be informed, at or before the point of collection, of the categories of personal information to be collected and the purposes for which the categories of personal information shall be used.

  • Not be discriminated against because you exercise any of your rights under the CCPA.

  • Request that we delete any personal information about you that we collected or maintained, subject to certain exceptions (“Request to Delete”).

  • Request that we correct inaccurate personal information (“Request to Correct”).

  • Request that we, as a business that collects personal information about you and that discloses your personal information for a business purpose, disclose to you (“Request to Know”).

  • Opt-out of the “sale” of your personal information if a business sells your personal information to third parties (we do not).

  • Opt-out of the “sharing” of your personal information if a business shares your personal information with third parties (we do not).

  • Request that we limit the use and disclosure of sensitive personal information where required by the CCPA (“Right to Limit”) (please note that we are not using your sensitive personal information for purposes that would require that we provide you with a right to limit).

The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations.  We also reserve the right to retain, and not to delete, certain personal information after receipt of a Request to Delete from you where permitted by the CCPA or another law or regulation.

How to Submit a Request under the CCPA

You may submit Requests to Know, Request to Correct or a Request to Delete (“Consumer Rights Request”) through the following toll-free telephone number (833)-531-6060 or by emailing us at privacy@bexp.com with “CCPA Rights Request” in the subject line, or through our website at the following link https://brighamexploration.com/contact-us.

We are only required to respond to verifiable Consumer Rights Requests made by you or your authorized agent. When you submit a Consumer Rights Request, we may ask that you provide clarifying or identifying information to verify your request. Such information may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, your name and email address. Any information gathered as part of the verification process will be used for verification purposes only.

You are permitted to designate an authorized agent to submit a Consumer Rights Request on your behalf and have that authorized agent submit the request through the provided methods.  We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on your behalf.  We may also require that you directly verify your own identity with us and directly confirm with us that you provided the authorized agent permission to submit the request.

Changes to this Privacy Policy

We reserve the right to change this Website Privacy Policy from time to time at our sole discretion. If we make any changes, we will post those changes here and update the “Last Updated” date at the bottom of this Website Privacy Policy.

Contact for More Information

This Website Privacy Policy is available in alternative formats upon request. If you have any questions or concerns about this Website Privacy Policy, or to request it in an alternative format, please email us at privacy@bexp.com.