Privacy & Terms

Privacy Policy

Last Updated September 24, 2025

The Daily Upside, LLC (“we,” “us,” or “our”) respects your privacy. This Privacy Policy explains how we collect, use, and protect your personal information when you access our website (www.thedailyupside.com), subscribe to our newsletter, or interact with our services (collectively, the “Site”).

If you are a resident of the European Economic Area (EEA), United Kingdom, Canada, or California, this Policy also outlines your rights under applicable privacy laws.

Who We Are

The Daily Upside, LLC
squad@thedailyupside.com
We are the data controller of your personal information.

What We Collect

We may collect the following types of data:

Information you provide: Your name, email, job title, company, and phone number when signing up for newsletters or submitting lead forms for gated content (e.g., whitepapers or webinars).
Automatically collected data: IP address, device/browser type, and interaction data (page visits, clicks).
Newsletter engagement: Email opens, link clicks, and related interactions.

We do not knowingly collect or process sensitive personal information, such as health, financial, or biometric data.

How We Use Your Data

We use your information to:

Send newsletters and communications you’ve signed up for
Provide content or services you’ve requested
Deliver personalized content and advertisements
Improve the Site’s performance and analyze usage patterns

We process your data based on:

Consent (e.g., newsletter signup, cookies)
Legitimate interest (e.g., analytics, content optimization)
Performance of a contract (e.g., gated content delivery)

Cookies and Tracking

We use cookies and tracking technologies to:

Enable site functionality
Analyze user behavior
Deliver targeted advertisements

In addition, when you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors (such as Retention.com) to associate these activities with other personal information they or others have about you, including by association with your email address. We may then send communications to these email addresses. You may opt out of receiving this advertising by visiting Retention.com Opt-Out.

Visitors in GDPR-regulated regions see a cookie banner powered by InMobi CMP, where you can manage your consent preferences. Your choices are securely stored and remembered using the CMP platform.

You can also control cookies through your browser settings or opt out of interest-based advertising at:

Network Advertising Initiative Opt-Out

Digital Advertising Alliance Opt-Out

Service providers (e.g., email delivery, analytics, advertising)
Advertising platforms (e.g., Google Ad Manager, Amazon DSP)
Lead-generation and marketing partners: when you voluntarily submit your information through a gated content form (e.g., to download a whitepaper, report, or attend a webinar), you are providing explicit consent for your personal data to be shared with select partners for marketing or business purposes.
Promotional Emails from Sponsors: From time to time, we may send you promotional emails on behalf of our sponsor partners. If you choose to interact with these emails (for example, by clicking on a link or offer), we may share your contact information and engagement data with the relevant sponsor partner. This sharing is limited to the partner associated with that specific promotional email and is done for marketing or business purposes. By engaging with these sponsor communications, you provide consent for this information sharing. You may opt out of such promotional emails at any time by using the “Unsubscribe” link in the message or contacting us at squad@thedailyupside.com.

Please note: This consent remains valid even if you previously used the “Do Not Sell or Share My Personal Information” opt-out via our site’s privacy controls or InMobi-powered CMP. The opt-out applies to the use of your personal information for programmatic advertising and ad-related sales or sharing, but does not limit lead-related disclosures that you authorize through direct form submission.

International Data Transfers

Your information may be processed in the United States or other countries where our service providers operate. We implement appropriate safeguards to ensure your data is protected in accordance with applicable laws.

Your Rights

European Residents (GDPR)

You have the right to:

Access your personal data
Correct or delete your data
Withdraw consent at any time
Object to certain processing
Request data portability

To exercise these rights, contact squad@thedailyupside.com. You may also lodge a complaint with your local Data Protection Authority (DPA).

Canadian Residents (PIPEDA)

By using our Site, you consent to the collection, use, and disclosure of your personal data as described in this policy. You may contact us to:

Request access to your data
Request corrections
Inquire about our data handling practices

California Residents (CPRA)

You have the right to:

Know what personal data we collect and how we use it
Delete or correct your data
Opt out of the sale or sharing of your data, including for cross-context behavioral advertising
Limit the use of sensitive personal information (which we do not collect)

To exercise these rights, visit the “Your Privacy Choices” link in our footer or email squad@thedailyupside.com.

Security and Retention

We apply appropriate technical and organizational safeguards, including:

Encryption of data in transit and at rest
Access controls and monitoring
Routine audits and platform security

We retain your personal data only for as long as necessary to fulfill the purposes stated above or as required by law.

Opting Out

You can unsubscribe from newsletters at any time by clicking “Unsubscribe” in any email or by contacting us at squad@thedailyupside.com.

Updates to This Policy

We may update this policy from time to time. The latest version will always be available on this page, and continued use of our Site constitutes your acceptance of the updated terms.

Terms of Service

Last Updated June 22, 2026

These Terms of Service (“Terms”) govern your access to and use of The Daily Upside website (www.thedailyupside.com), your subscription to any one of The Daily Upside newsletters, The Daily Upside podcasts, its mobile apps, its related social media outlets, and related services (collectively, the “Services”), in each case operated by or on behalf of The Daily Upside, LLC (“The Daily Upside,” “we,” “our,” or “us”).

These Terms form part of an “Agreement” between you and us, which also includes, our Privacy Policy, which explains how we collect and use your information. By accessing or using the Services, you agree to be bound by the overall Agreement (including the Terms and the Privacy Policy). If you do not agree to this Agreement, you are not permitted to access or use the Services. The Services are offered solely for lawful informational use and are not directed to any person or entity in any jurisdiction where access to or use of the Services would be contrary to applicable law or regulation.

IMPORTANT NOTICE – BINDING ARBITRATION AND CLASS ACTION WAIVER: PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT AND IMPACT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING WAIVER OF RIGHTS AND LIMITS ON REMEDIES. BY AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN SECTION 14 BELOW. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN YOU AND US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER FORM OF REPRESENTATIVE ACTION. PLEASE CLICK HERE TO READ SECTION 14 OF THIS AGREEMENT FOR FURTHER DETAILS.

1. Informational Use Only; No Advice

The Services provide general market commentary, financial news, educational materials, data visualizations, screening tools, model portfolios, watchlists, newsletters, and other content (the “Content”) for informational and educational purposes only.

No Content made available through the Services constitutes or should be construed as:

investment, financial, legal, tax, accounting, or other professional advice;
a recommendation, endorsement, solicitation, or offer to buy or sell any security, financial instrument, digital asset, or other product;
advice tailored or personalized to your investment objectives, financial situation, or particular needs; or
a guarantee or prediction of future results.

You are solely responsible for evaluating the merits and risks associated with any information provided through the Services and for obtaining independent professional advice before making any financial, investment, tax, legal, or business decision. You should seek independent advice tailored to your circumstances and should not rely on any of our Content as the basis for investment decisions.

Any views or opinions expressed by third parties appearing in our Content are solely those of the author and do not reflect the views of The Daily Upside.

2. Acceptable Use of the Services

You agree not to, and not to permit any third party to:

use the Services for any unlawful, fraudulent, deceptive, or abusive purpose;
scrape, harvest, crawl, index, download, copy, or systematically extract Content or data from the Services;
use the Services to distribute malware, viruses, or other harmful technologies;
interfere with, disrupt, or attempt to gain unauthorized access to the Services, Content, accounts, networks, servers, or systems;
use bots, scripts, or automated means to access the Services in a manner that burdens or impairs the Services;
reproduce, republish, modify, distribute, display, transmit, sell, sublicense, publicly display, create derivative works from or otherwise exploit the Services or any Content;
use the Services to impersonate any person or entity or misrepresent your affiliation with any person or entity or
use the Services or the Content to develop, train, or improve any competing product, model, dataset, or service without The Daily Upside’s prior written consent.

We reserve the right to suspend or terminate access to the Services for users who violate this Agreement.

3. No Broker, Adviser, or Fiduciary Relationship

The Daily Upside is not acting as your broker-dealer, investment adviser, commodity trading advisor, financial planner, fiduciary, agent, or representative. Your use of the Services does not create any advisory, fiduciary, customer, or similar relationship between you and The Daily Upside.

4. No Guarantees; Market Risk

Investing and financial decisions involve risk, including the possible loss of principal. Past performance is not indicative of future results, and The Daily Upside does not guarantee the accuracy, completeness, timeliness, reliability, profitability, or suitability of any Content, data, estimate, forecast, or opinion made available through the Services. There exists inherent risk in financial and investment decisions and The Daily Upside is not responsible for your decisions or reliance upon any of our Content.

Any prices, quotations, charts, performance data, analyst estimates, scores, rankings, or other market information available through the Services may be delayed, incomplete, inaccurate, or derived from third-party sources that The Daily Upside does not control.

5. Intellectual Property

The Services, the Content including all text, graphics, logos, trademarks, service marks, software, layouts, compilations, audio, video, newsletters, displays, text and look and feel, research summaries, visual interfaces, and other content (and all intellectual property rights therein) made available by The Daily Upside, are owned by or licensed to The Daily Upside, and by or from its contributors, third party licensors, and/or our advertising partners and are protected by intellectual property and other applicable laws.

Subject to your compliance with the Agreement, The Daily Upside grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business informational use. No right, title, or interest in or to the Services or any Content is transferred to you except for this limited license.

6. Third-Party Content and Links

The Services may contain links to third-party websites, tools, market data providers, social media platforms, brokers, custodians, or other services that are not owned or controlled by The Daily Upside. The Daily Upside does not endorse, control, or assume responsibility for any third-party content, products, services, privacy practices, or terms.

Your interactions with third parties are solely between you and the applicable third party, and The Daily Upside is not responsible for any loss or damage arising from or relating to such interactions.

7. Advertising and Sponsored Content

The Services may contain paid advertisements, sponsored content, or other promotional materials provided by third parties (“Advertisers”). Advertisers are solely responsible for the content of their advertisements and for any representations, claims, or statements made in connection with their products, services, or investment opportunities.

The Daily Upside does not independently verify the accuracy of claims made by Advertisers and does not endorse, guarantee, or assume responsibility for any third-party products, services, or investment opportunities that may be advertised through the Services.

Any transactions, investments, or other engagements you enter into with Advertisers are solely between you and the Advertiser. The Daily Upside shall not be responsible or liable for any loss, damages, or claims arising from or related to such interactions.

Advertisements relating to securities or investment opportunities involve substantial risk, including the possible loss of the entire investment.

8. User Content and Feedback

If you submit comments, messages, suggestions, ideas, survey responses, testimonials, content, or other materials (collectively, “User Content”) to The Daily Upside, you grant The Daily Upside a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to use, host, store, reproduce, modify, adapt, publish, distribute, display, and otherwise exploit such User Content in connection with operating, improving, promoting, and providing the Services, subject to applicable law and The Daily Upside’s Privacy Policy.

You represent and warrant that you own or have all necessary rights to submit User Content and that such User Content does not violate any law or infringe or misappropriate any third-party rights.

9. Privacy

Your use of the Services and Content is also subject to The Daily Upside’s Privacy Policy, which describes how The Daily Upside collects, uses, discloses, and protects personal information. By using the Services and the Content, you acknowledge that The Daily Upside may process personal information in accordance with the Privacy Policy.

By providing your email address or other contact information, you consent to receive electronic communications from The Daily Upside relating to the Services and the Content, including newsletters, operational notices, legal notices, disclosures, and updates to the Agreement or other policies. You may opt out of marketing emails using the unsubscribe mechanism provided in those communications, but The Daily Upside may still send non-marketing communications relating to your use of the Services.

11. Disclaimers

THE SERVICES AND ALL CONTENT, DATA, MATERIALS, INFORMATION, AND FUNCTIONALITY PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DAILY UPSIDE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, RELIABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE DAILY UPSIDE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO DISCONTINUE USING THEM.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DAILY UPSIDE AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, DATA, GOODWILL, OR INVESTMENT LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES, THE CONTENT OR THE AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE DAILY UPSIDE AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AGENTS, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless The Daily Upside and its affiliates, licensors and contributors and each of their respective officers, directors, employees, contractors, licensors, service providers, and agents, from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, awards, settlements, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

your access to or use of the Services and Content;
your violation of these Terms and the Agreement;
your violation of any applicable law, rule, or regulation;
your User Content; or
your infringement or misappropriation of any third-party right.

14. Dispute Resolution; Arbitration; Class Action Waiver

Please read this Section 14 carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.

Agreement to Arbitrate. Except for disputes that qualify for small claims court, claims for injunctive or equitable relief relating to intellectual property or unauthorized access to the Services or the Content, or any dispute that applicable law does not permit to be resolved by arbitration, you and The Daily Upside agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Agreement, the Services or the Content, including the formation, breach, termination, enforcement, interpretation, scope, validity, or arbitrability of these Terms, the Agreement or this arbitration provision, shall be resolved exclusively by final and binding arbitration on an individual basis.
Arbitration Provider and Rules. The arbitration shall be administered by the American Arbitration Association (AAA) under its applicable consumer or commercial arbitration rules then in effect, except as modified by these Terms or the Agreement. If the designated provider is unavailable or unwilling to administer the arbitration, the parties shall confer in good faith to select a substitute nationally recognized arbitration provider.
Forum; Remote Proceedings. Unless the parties agree otherwise, arbitration shall take place in the county of your residence, or another mutually agreed location, and may be conducted by video conference, telephone, submission of documents, or in-person hearing as permitted by the applicable rules.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, and formation of this arbitration provision, except that a court of competent jurisdiction shall determine issues regarding the enforceability or scope of the class-action waiver in Section 14(e) to the extent required by applicable law.
Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE DAILY UPSIDE EACH AGREE THAT ANY CLAIM SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
Opt-Out Right. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to squad@thedailyupside.com within thirty (30) days after first becoming subject to these Terms. Your opt-out notice must include your name, contact information, and a clear statement that you wish to opt out of Section 14.
Small Claims. Either party may bring an individual claim in small claims court if it qualifies.
Severability. If any portion of this Section 14 is found unenforceable, the unenforceable portion shall be severed and the remaining provisions shall remain in effect, except that if Section 14(e) is found unenforceable as to a particular claim or request for relief, then such claim or request shall proceed in a court of competent jurisdiction and the remaining portions of this Section 14 shall remain enforceable.

15. Termination

The Daily Upside may suspend, restrict, or terminate your access to all or any part of the Services or Content at any time, with or without notice, if The Daily Upside reasonably believes that you have violated these Terms or the Agreement, created legal or regulatory risk, or used the Services or Content in a manner that could harm The Daily Upside, other users, or third parties.

Upon termination, the rights granted to you under these Terms and the Agreement shall immediately terminate, but Sections intended by their nature to survive shall survive, including Sections 1, 2, 5, 8, 9, 10, 12, 13, 14, 15 and 17.

16. Changes to Services and Terms

The Daily Upside may update these Terms and the Agreement from time to time. When changes are material, The Daily Upside should provide notice through the Services, by email, or by another reasonable method, and, if we make material changes, we will update the “Last Updated” date at the top of these Terms. Continued use after the effective date of the updated Terms or Agreement will constitute acceptance to the extent permitted by law.

17. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles, except to the extent preempted by federal law, including the Federal Arbitration Act with respect to Section 14.

18. Miscellaneous

These Terms and the Agreement constitute the entire agreement between you and The Daily Upside regarding the Services and the Content and supersede all prior or contemporaneous understandings regarding the Services and the Content. If any provision of these Terms or the Agreement are held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The Daily Upside s failure to enforce any provision of these Terms or the Agreement shall not operate as a waiver of that provision or of any other provision. You may not assign these Terms or the Agreement without The Daily Upside’s prior written consent, and any purported assignment in violation of this sentence is void. The Daily Upside may assign these Terms without restriction.

19. Contact Us

If you have questions or comments about this Privacy Policy or Terms of Service, please contact us at:

The Daily Upside, LLC.

Squad@thedailyupside.com