Privacy Policy

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This Website Privacy Policy (“Privacy Policy”) is effective as of December 9, 2021. This Privacy Policy describes the types of personal information Hashdex Asset Management Ltd. (“Hashdex,” “we” or “us”) collects on www.hashdex.com and other Hashdex-owned websites (collectively, “Website”), how we may use the information and the purposes for which we may use it, with whom we may share it and the choices available to you. We also describe the measures we take to safeguard the information and tell you how to contact us about our privacy practices. This Privacy Policy covers only information collected through this Website. By visiting or submitting information to this Website, you are accepting and consenting to the provisions set forth in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use this Website. If you have any questions that this Policy does not address, please contact us at dpo@hashdex.com.

Information We Obtain

Hashdex may obtain personal information through this Website, including:

  • Contact information, such as your name, postal address, e-mail address, and telephone number;
  • Username and password to access Hashdex content online;
  • Incorporation and controller information;
  • Information about your investor status;
  • Information about your net worth, wealth, and/or source of products;
  • Information that you provide in the course of applying for a job with us, such as information about your education, work and military history, legal work eligibility status, and other information about you; and
  • Other personal information you voluntarily provide to us, such as your preferences or data provided through online forms.

During your use of this Website, Hashdex will also, itself or through a third party vendor, automatically collect technical and usage data pertaining to your device and/or Internet connection. Such data includes the number and frequency of your visits to this Website, information regarding websites accessed immediately before and after your visit to this Website, your Internet browser type, your preferences on this Website, your IP address and your device characteristics. We use this data to (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with the Website; (3) personalize your visit to the Website; (4) measure the usability of the Website and the effectiveness of our communications; and (5) otherwise manage and enhance the Website. This technical and usage data is obtained using "cookies" or other similar technologies. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Website. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device or browsers. For more information, please review our Cookie Policy.

We use third-party web analytics services on this Website, such as those of Google Analytics. The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use this Website. The information collected through these means (including IP addresses) is disclosed to these analytics providers, who use data to evaluate use of this Website.

We may combine information we collect from you with information we receive from third parties and use it for the purposes described in this Privacy Policy. We also may use information we obtain about you in other ways for which we provide specific notice at the time of collection.

How We Use the Information We Obtain

We may use the information we obtain about you to, among other things and as permitted by law:

  • Communicate with you;
  • Review your potential interest in investing in our products and the supporting documentation
  • Manage career opportunities at Hashdex;
  • Personalize your experience on our Website;
  • Perform analytics (including market research, trend analysis, financial analysis, and anonymization of personal information) ;
  • Operate, evaluate, develop, manage and improve our business
  • Maintain and enhance the safety and security of our Website and prevent misuse; and
  • Comply with and enforce applicable legal requirements (including KYC and AML checks with the use of third-party data services), relevant industry standards and policies.

In compliance with relevant law, we may retain information as needed or appropriate to serve our legitimate business purposes or as required by law.

This Website is not designed to respond to "do not track" signals received from browsers.

Disclosures of Information

Hashdex will not sell, rent or disclose your personal information to anyone except as described herein. We share your personal information with our affiliates for the purposes identified in this Privacy Policy. We also share your personal information with agents and service providers. We do not authorize these agents or service providers to use or disclose the personal information except as necessary to perform services on our behalf or comply with legal requirements.

We also may disclose personal information about you (1) if we are required to do so by law or legal process (such as a court order or subpoena) ; (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; or (6) otherwise with your consent. We reserve the right to share or transfer any personal information we have about you in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business (including in the event of a divestiture, restructuring, reorganization, dissolution or liquidation).

Your Choices

To opt out of receiving direct marketing communications, such as commercial emails, or to unsubscribe from our services, please contact us at at dpo@hashdex.com.

You may have the right to request access to and correction of personal information related to you. To exercise this right, contact us at at dpo@hashdex.com. We reserve the right to verify your identity or take other actions that we believe are appropriate.

Protection of Information

Hashdex maintains administrative, technical and physical safeguards designed to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, given the inherent risks of the Internet, we cannot ensure the security of any information you provide to us.

Links To Other Websites

This Website may contain links to other websites for your convenience and information. These websites may be operated by companies not affiliated with Hashdex. Linked websites may have their own privacy policies or notices, which we strongly suggest you review if you visit any linked websites. We are not responsible for the content or practices of any websites that are not affiliated with Hashdex.

COPPA Rule and Minors

This Website is not directed at minors. We do not knowingly collect, maintain, or use personal information, as defined by the COPPA Rule, from children under 13 years of age, and no part of this Website is directed to children under the age of 13. If we discover that we have collected any personal information from children under 13, we will promptly take steps to delete such information and terminate the respective account.

Updates To This Privacy Policy

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our information practices and applicable law. We suggest that you periodically review the Privacy Policy for amendments.

International Users

If you visit the Service from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information to Hashdex, including for obtaining additional information on our services and products, you consent to any transfer and processing in accordance with this Privacy Policy.

How To Contact Us

If you have any questions about this Privacy Policy, please contact us at dpo@hashdex.com.

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Important Information

Hashdex Asset Management Ltd. and its affiliates (‘Hashdex’) is providing this website for information purposes online to sophisticated prospective investors with respect to a potential interest in subscribing shares (‘Shares’) of the Hashdex Bitcoin ETF (the "Fund"). The Fund is a commodity pool that issues Shares that may be purchased and sold on NYSE Arca. The Fund’s investment objective is for changes in the Shares’ NAV to reflect the daily changes of the price of the Benchmark, less expenses from the Fund’s operations. Under normal market conditions, the Fund invests in Benchmark Component Futures Contracts and cash and cash equivalents. Because the Fund’s investment objective is to track the price of the Benchmark by investing in Benchmark Futures Contracts rather than bitcoin, changes in the price of the Shares will vary from changes in the spot price of bitcoin. The Fund will invest in BTC Contracts and MBT Contracts to the extent necessary to achieve maximum exposure to the bitcoin futures market. Because the Fund’s investment objective is to track the price of the Benchmark by investing in Benchmark Futures Contracts rather than bitcoin, changes in the price of the Shares will vary from changes in the spot price of bitcoin.

The Fund is not a fund registered under the Investment Company Act of 1940, as amended (1940 Act), and is not subject to regulation under the 1940, unlike most exchange traded products or ETFs.

The Fund employs Foreside Fund Services LLC as the Marketing Agent for the fund. The Marketing Support Services Agreement among the marketing agent, the sponsor, and the trust calls for the marketing agent to work with the Custodian in connection with the receipt and processing of orders for Creation Baskets and Redemption Baskets and the review and approval of all Fund sales literature and advertising material. The Marketing Agent's principal business address is Three Canal Plaza, Suite 100, Portland, Maine 04101. The Marketing Agent is a broker-dealer registered with the U.S Securities and Exchange Commission ("SEC") and a member of FINRA.

This material is not an offer or solicitation of any kind to buy or sell any securities outside of the United States of America

The Fund is a series of the Tidal Commodities Trust I (the "Trust"). The sponsor to the Fund is Tidal Investments LLC (the "Sponsor"), which receives a management fee. The Sponsor is registered as a commodity pool operator ("CPO") and a commodity trading adviser ("CTA") with the Commodity Futures Trading Commission ("CFTC") and is a member of the National Futures Association ("NFA"). Hashdex Asset Management Ltd. ("Hashdex") will serve as the Fund's Digital Asset Adviser and will assist the Sponsor and Tidal ETF Services LLC (the "Support Agent") with research and investment analysis regarding bitcoin and bitcoin markets for use in the marketing of the Fund. Hashdex will also provide the Fund with marketing services including, but not limited to, branding, the issuance of press releases, preparation of website data content, holding promotional webinars and engaging in promotional activities through social media outlets.

Hashdex has no responsibility for the investment or management of the Fund's investment portfolio or for the overall performance or operation of the Fund.

An investment in the Fund involves significant risks associated with an investment in Bitcoin and Bitcoin futures contracts which are complex and subject to a high degree of volatility and thus an investment may not be suitable for all investors. In addition, disclosure should direct investors to see the risks below for additional information about the risks of the Fund. An investor may lose all their money.

For more information pertaining to the relationship of companies involved in the Fund please read the prospectus.

Bitcoin Risks

Bitcoin and bitcoin futures are a relatively new asset class and the market for bitcoin is subject to rapid changes and uncertainty. Bitcoin and bitcoin futures are subject to unique and substantial risks, including significant price volatility and lack of liquidity. The value of an investment in the ETF could decline significantly and without warning, including to zero. You should be prepared to lose your entire investment. The ETF does not invest directly in or hold bitcoin. The price and performance of bitcoin futures should be expected to differ from the current “spot” price of bitcoin. These differences could be significant. Bitcoin futures are subject to margin requirements, collateral requirements and other limits that may prevent the ETF from achieving its objective. Margin requirements for futures and costs associated with rolling (buying and selling) futures may have a negative impact on the fund’s performance and its ability to achieve its investment objective. Bitcoin is largely unregulated and bitcoin investments may be more susceptible to fraud and manipulation than more regulated investments. Bitcoin and bitcoin futures are subject to rapid price swings, including as a result of actions and statements by influencers and the media.

Investing in the Fund involves significant risks

The Fund has no operating history, so there is no performance history to serve as a basis for you to evaluate an investment in the Fund. In addition, the Fund may not be successful in implementing its investment objective or may fail to attract sufficient assets. Bitcoin and Bitcoin Futures Contracts are a relatively new asset class and bitcoin is subject to rapid changes, uncertainty and regulation that may adversely affect the value of the bitcoin futures or the nature of an investment in the Fund and may adversely affect the ability of the Fund to buy and sell Bitcoin Futures Contracts or achieve its investment objective. The market for Bitcoin Futures Contracts is less developed than older, more established futures markets (such as corn or wheat futures) and may be more volatile and less liquid. Unlike mutual funds, commodity pools and other investment pools that manage their investments so as to realize income and gains for distribution to their investors, the Fund generally does not distribute dividends to holders of Fund Shares (“Shareholders”). You should not invest in the Fund if you will need cash distributions from the Fund to pay taxes on your share of income and gains of the Fund, if any, or for other purposes. Investors may choose to use the Fund as a means of investing indirectly in bitcoin, and there are risks involved in this investment strategy. The risksand hazards that are inherent in the market for bitcoin may cause the price of bitcoin and Bitcoin Futures Contracts to fluctuate widely.

You will have no rights to participate in the management of the Fund and will have to rely on the duties and judgment of the Sponsor to manage the Fund. The Fund is subject to position limits, accountability limits and dynamic price fluctuation limits that could limit the Fund’s ability to invest the proceeds of Creation Baskets in Bitcoin Futures Contracts. Position limits, accountability limits and dynamic price fluctuation limits may cause tracking error or may impair the Fund’s ability to meet its investment objective of tracking the Benchmark.

Futures Risk

Digital assets represent a new and rapidly evolving industry. The value of GBTC depends on the acceptance of the digital assets, the capabilities and development of blockchain technologies and the fundamental investment characteristics of the digital asset. Digital asset networks are developed by a diverse set of contributors and the perception that certain high-profile contributors will no longer contribute to the network could have an adverse effect on the market price of the related digital asset. Digital assets may have concentrated ownership and large sales or distributions by holders of such digital assets could have an adverse effect on the market price of such digital assets.

Liquidity Risk. The market for bitcoin is still developing and may be subject to periods of illiquidity. During such times it may be difficult or impossible to buy or sell a position at the desired price. Possible illiquid markets may exacerbate losses or increase the variability between the Fund’s NAV and its market price. The lack of active trading markets for the Shares may result in losses on investors’ investments at the time of disposition of Shares.

Regulatory Risk. Future and current regulations by a U.S. or foreign government or quasi-governmental agency could have an adverse effect on an investment in the Fund.

The regulatory environment for cryptocurrencies, which continues to evolve in the U.S., and which may delay, impede, or restrict the adoption or use of bitcoin.

  • Speculative activity in the market for bitcoin, including by holders of large amounts of bitcoin, which may increase volatility.

  • Disruptions to the internet.

  • Rewards for mining bitcoin are designed to decline over time, which may lessen the incentive for miners to process and confirm transactions on the Bitcoin Network.

  • The open-source nature of the Bitcoin Network may result in forks, or changes to the underlying code of bitcoin that result in the creation of new, separate digital assets.

An investment in Shares should be considered only by persons who can bear the risk of total loss associated with an investment in the fund. Extreme volatility of trading prices that many digital assets, including Bitcoin, have experienced in recent periods and may continue to experience, could have a material adverse effect on the value of GBTC and the shares could lose all or substantially all of their value. Digital assets represent a new and rapidly evolving industry. The value of the fund depends on the acceptance of the digital assets, the capabilities and development of blockchain technologies and the fundamental investment characteristics of the digital asset.

Commodities and futures investing is generally volatile and risky which may not be suitable for all investors. Futures may be affected by Backwardation: a market condition in which a futures price is lower in the distant delivery months than in the near delivery months. As a result, the fund may benefit because it would be selling more expensive contracts and buying less expensive ones on an ongoing basis; and Contango: A condition in which distant delivery prices for futures exceeds spot prices, often due to costs of storing and inuring the underlying commodity. Opposite of backwardation. As a result, the Fund’s total return may be lower than might otherwise be the case because it would be selling less expensive contracts and buying more expensive one.

  • Commodities and futures generally are volatile, and instruments whose underlying investments include commodities and futures are not suitable for all investors.

  • This material must be preceded or accompanied by a prospectus. Please read the prospectus carefully before investing.

  • The Fund is a commodity pool regulated by the Commodity Futures Trading Commission.

  • Because the Fund will invest primarily in BITCOIN futures contracts and other derivative instruments based on the price of BITCOIN, an investment in the Fund will subject the investor to the risks of the BITCOIN market, and this could result in substantial fluctuations in the price of the Fund’s shares.

  • Shares of the Fund are not insured by the Federal Deposit Insurance Corporation (“FDIC”), may lose value and have no bank guarantee.

  • Unlike mutual funds, the Fund generally will not distribute dividends to its shareholders. Investors may choose to use the Fund as a means of investing indirectly in bitcoin, and there are risks involved in such investments.

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