I. COLLECTION OF PERSONAL INFORMATION
To use services offered on the Platform, you must sign a licensing agreement and create an account. In doing so, AdvisorEngine may ask for personal information about your company’s representatives, including your name, email address and password, which is used to protect your account from unauthorized access. AdvisorEngine may ask for additional personal information, such as your company name, in order to provide personalized services to you. AdvisorEngine may store, process, and maintain data related to your account for the purposes described in this Policy.
When you use the Platform, our servers automatically collect certain information about your use. Similar to other web services, we collect information such as account activity, data displayed or clicked on (such as UI elements, ads, and links), device and related identifiers (such as browser type, IP address, and cookie ID), and other activity-related information (such as date and time of access, and referrer URL).
We may derive information or draw inferences about you based on the information we or our service providers collect. For example, we may make inferences about your location based on your IP address.
AdvisorEngine is not directed to children under the age of 16. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without his or her consent, he or she should contact us at firstname.lastname@example.org. If we become aware that a child under the age of 16 has provided us with personally identifiable information, we will delete such information from our files.
II. USE OF PERSONAL INFORMATION
To provide, maintain, administer, and improve our Platform, AdvisorEngine maintains and processes your AdvisorEngine account information to provide content, material and information on the Platform. AdvisorEngine's servers process the information collected about you for various purposes, including formatting and displaying your information, delivering related content, sharing community information such as message board posts and investment-related information, and other purposes relating to the Platform including, but not limited to
- Providing you with useful services and content;
- Ensuring the proper functioning of AdvisorEngine and its Platform;
- Sending you technical notices, updates, security alerts, and support and administrative messages;
- Providing you with requested information, technical support and/or integrations such as APIs;
- Facilitating your movement through our Platforms or use of our Platform;
- Enhancing our advertising and marketing our services (with your consent, where legally required);
- Advertising and marketing third party products and services (such advertisement is only performed with your permission where your consent is required by applicable law);
- Identifying and/or diagnosing problems with our servers or our Platform;
- Communicating with you;
- Targeting prospective customers with our products or services (with your consent, where legally required);
- Assisting us in offering you a personalized experience or otherwise tailor our Platform, to you;
- Monitoring and analyzing trends, usage, and activities in connection with our Platform;
- Detecting, investigating and preventing security incidents and other malicious, deceptive, fraudulent, or illegal activity, and protect the rights and property of AdvisorEngine and others;
- Debugging to identify and repair errors in our Platform;
- Complying with our legal and financial obligations;
- Carrying out any other purpose described to you in this Policy and/or at the time the information was collected; and
- For reasonable internal uses that are aligned with your relationship with us and the context in which we collected the information.
We retain the personal information we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected, to perform our contractual and legal obligations, and for any applicable statute of limitations periods.
III. SHARING OF PERSONAL INFORMATION
We do not sell, rent, or otherwise share your personal information with any third parties except to persons assessing our compliance with industry standards; our attorneys, accountants, and auditors; and as permitted or required by law (such as when we reasonably believe it is necessary or appropriate to investigate, prevent, or take action regarding illegal activities or violations of our Terms and Conditions).
We may need to collect and use your personal information to enter into an agreement with you or to perform an agreement that you have with us. We process information on behalf of third parties who have legitimate interests in operating their businesses. When we process personal information on behalf of third parties, we do so in performance of agreements with such third parties.
We will share your personal information in the following circumstances:
Service Providers: Where appropriate, we will share your personal information with other companies and people to assist with parts of our business operations and perform tasks on our behalf.
Specifically, we provide certain personal information to custodians and technology companies in order to allow you to process trades and manage your client data. However, our contracts with such service providers require that they only use your personal information in connection with the services they perform and for compliance with applicable law and regulation, and prohibit such service providers from disclosing, using or selling your personal information except with its partner financial institution.
Unless we tell you differently, our service providers do not have any right to use the personal information we share with them beyond what is necessary to assist us.
Within Our Corporate Family: We may share personal information with other members of the AdvisorEngine corporate family to allow our corporate affiliates to contact you with offers, services or products that may be of interest to you and provide you with their products and services. Any such corporate affiliate may use your information only according to the terms of this Policy. If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent. If you decide at any time that you no longer wish to receive these promotional communications, please follow the "unsubscribe" instructions provided in the communications.
Authorized Users: All users authorized by you to have access to your account can view personal information stored in the account. A primary account holder can view personal information saved in subaccounts to which they have authorized access. We share information about authorized users only for legitimate purposes consistent with this policy, including servicing your account and marketing products and services to you.
Change of Control/Transfer of Assets: If we engage in any potential business transaction, including selling our assets, we may disclose your personal information in an anonymized form in connection with the evaluation of such transactions. In the event of a merger, acquisition, or other corporate combination, or if we go out of business or enter bankruptcy, we may transfer or sell personal information to a third party. We will provide notice to you by email and/or a prominent notice on our Platform of any such transfer and any choices you may have regarding your information.
As Required By Law: We reserve the right to access, read, preserve, and disclose any personal information to comply with law or court order, including to verify your identity, prevent and detect fraud and crime, conduct or cooperate in investigations of fraud or other illegal activity, enforce or apply our agreement with you or protect the rights, property, or safety of AdvisorEngine , our employees, our users, or others.
We are also permitted by law to disclose the non-public personal information about you to governmental or regulatory agencies, a court of law when compelled and other third parties in certain circumstances (such as third parties that perform administrative, technical or marketing services on our behalf ) These third parties are prohibited from using or sharing the information for any other purpose.
In Anonymized Form: AdvisorEngine may use your personal information to create aggregated and anonymized data about our Services or the user thereof and provide such information to our partners.
AdvisorEngine takes the security of your personal information seriously and has implemented reasonable and commercially viable administrative, physical and technical security measures to help ensure that once we have received your personal information, it is not lost, stolen, abused, altered or open to unauthorized use and/or disclosure. However, we cannot guarantee that all transmission of data over the Internet or through a network, email or text message is completely secure or error-free.
Likewise, we cannot guarantee complete security of the personal information we hold in our records. For that reason, you acknowledge and agree that you are responsible for safeguarding, protecting—and preventing unauthorized access to—your personal information and any AdvisorEngine account (“Account”). You agree to protect the password for, and any other security information related to, your Account, to limit access to the computer(s) or device(s) you use to access the Services, and to sign out of your Account after you have completed accessing the Platform or related services. We will not be liable for privacy violations that arise from your errors or negligent use of the Platform or related services or for processes and networks that we do not control and for unauthorized access to information by those who have gained access through unlawful means.
If you suspect that your personal information or your Account has been compromised, immediately contact AdvisorEngine Customer Support at email@example.com.
V. YOUR CHOICES AND PREFERENCES
Account Information: You may update and correct certain account information you provide to AdvisorEngine at any time by logging into your account, emailing us at firstname.lastname@example.org or calling us at 866-826-2731. If you wish to deactivate your account, email us at email@example.com or call us at 866-826-2731, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you.
Promotional Communications: You may opt out of receiving promotional emails from AdvisorEngine or its partners by following the instructions in those communications or by managing your communication preferences in your account settings menu. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
VI. DISCLOSURES FOR EU AND EEA USERS AND CUSTOMERS ONLY
If you are located in the European Economic Area, the United Kingdom or Switzerland, you have certain rights and protections under the law regarding the processing of your personal information, and this section applies to you.
AdvisorEngine is headquartered in the United States and we have operations and service providers in the United States and other countries. Therefore, we and our service providers may transfer your personal information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.
Legal Basis for Processing
When we process your personal information, we will do so in reliance on the following lawful bases:
- To perform our responsibilities under our contract with you (e.g., processing payments for and providing the Platform).
- When we have a legitimate interest in processing your personal information to operate our business or protect our interests (e.g., to provide, maintain and improve our products and services, conduct data analytics, and communicate with you).
- When we find such processing is necessary to comply with a legal obligation to which we are subject (e.g., to maintain a record of your consents and track those who have opted-out of marketing communications).
- When we have your consent to do so (e.g., when you agree to receive marketing communications from us). When consent is the legal basis for our processing your personal information, you may withdraw such consent at any time.
Where the European Union’s General Data Protection Regulation 2016/679, or GDPR, applies, in certain circumstances and subject to data processing agreements, you have rights in relation to the personal information we hold about you. We set out below an outline of those rights and how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights by providing details only known to the account holder.
To exercise any of your rights, please contact us at firstname.lastname@example.org. Please note that for each of the rights below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.
If you have a concern about our processing of personal information that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. Contact details of your Data Protection Authority can be found using the links below:
For individuals in the EEA: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm
For individuals in the UK: https://ico.org.uk/global/contact-us/
For individuals in Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html
You have the right to know whether we process personal information about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with.
You have the right to receive the personal information you provide us, or a subset thereof, if we process it on the legal bases of our contract with you or with your consent in a structured, commonly used and machine-readable format and a right to request that we transfer such personal information to another party. If you wish for us to transfer the personal information to another party, please ensure you provide detail about that party and note that we can only do so where it is technically feasible. We are not responsible for the security of the personal information or its processing once received by the third party.
You have the right to require us to correct any personal information held about you that is inaccurate and have incomplete data completed. Where you request correction, please explain in detail why you believe the personal information we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required. Please note that during our assessment of whether the personal information we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below.
You may request that we erase the personal information we hold about you in the following circumstances:
- where you believe it is no longer necessary for us to hold the personal information;
- we are processing it on the basis of your consent and you wish to withdraw your consent;
- we are processing your data on the basis of our legitimate interest and you object to such processing;
- you no longer wish us to use your data to send you marketing; or
- you believe we are unlawfully processing your data.
Please provide as much detail as possible on your reasons for the request to assist us in determining whether you have a valid basis for erasure.
Restrictions of Processing to Storage Only
You have a right to require us to stop processing the personal information we hold about you other than for storage purposes in the following circumstances:
- You have objected to us processing personal information we hold about you on the basis that it is inaccurate and you wish us to temporarily cease processing your data while we investigate the objection;
- You have objected to us processing personal information we hold about you on the basis of our legitimate interest and you wish us to stop processing the personal information while we determine whether there is an overriding interest in us retaining such personal information;
- We wish to erase the personal information as the processing we are doing is unlawful under applicable data protection laws such as GDPR, but you want us to simply restrict the use of that data; and
- We no longer need the personal information for the purposes of the processing, but you require us to retain the data for the establishment, exercise or defense of legal claims.
You have the right to object to our processing of data about you and we will consider your request. Please provide us with detail as to why you feel your data should not be processed and we will assess whether there is a legal basis in the GDPR for us to continue to process your data. We shall no longer process your personal information unless we are considered a controller and we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
You also have the absolute right, at any time, to object to our processing of data about you in order to send you marketing, including where we build profiles for such purposes and we will stop processing the data for that purpose.
Withdrawal of Consent
Where you have provided your consent to us processing your personal information, you can withdraw your consent at any time by contacting us at email@example.com.
VII. DISCLOSURES FOR CALIFORNIA USERS AS APPLICABLE
The California Consumer Privacy Act or "CCPA" (California Civil Code Section 1798.100 et seq) and Shine the Light Law (California Civil Code Section 1798.83) afford California residents certain rights with respect to their personal information. If you are a California resident, this section applies to you.
California Consumer Privacy Act
In the preceding 12 months, we have collected the categories of personal information and precise data points listed in “Collection of Personal Information” above. We collect personal information for the business and commercial purposes described in “Use of Personal Information” above. In the preceding 12 months, we have disclosed the categories of personal information for business purposes as described in “Sharing of Personal Information” above.
AdvisorEngine does not sell your personal information.
Subject to certain limitations, California residents have the right to:
- Know what personal information is being collected about you;
- Know whether their personal information is sold or disclosed and to whom;
- Access their personal information;
- Request deletion of their personal information, subject to certain exceptions by law; and
- Not be discriminated against for exercising their CCPA privacy rights.
If you are a California resident and would like to exercise one or more of your rights, please contact us at firstname.lastname@example.org “CCPA Rights” in the subject line or by calling us at 866-826-2731.
California residents may make these requests by calling [insert toll-free phone number] or emailing us at email@example.com with “CCPA Rights” in the subject line. We will verify your request by asking you to provide information related to your recent interactions with us, such as information regarding data upload. We will not discriminate against you if you exercise your rights under the CCPA.
If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please contact us at firstname.lastname@example.org.
California Shine the Light Disclosure
California residents may request a list of all third parties with respect to which we have disclosed any information about you for direct marketing purposes and the categories of information disclosed. If you are a California resident and want such a list, please send us a written request by email to email@example.com with “California Privacy Rights” in the subject line. You may also call us at 866-826-2731.
California Do Not Track Disclosure
We do not currently recognize or respond to browser-initiated Do Not Track signals as there is no consistent industry standard for compliance. Depending on the browser you are using, you may be able to choose to block third-party cookies or browse in a private browsing mode. The Services and the Platform are accessible even when private browsing is activated. The information we collect is governed by this Policy.
In the event that you wish to make a complaint about how we process your personal information, please contact our Data Privacy Officer at firstname.lastname@example.org and we will respond to your request.
IX. CONTACT US
60 Hudson Street
New York, NY 10013
As of April 6, 2020
I. Introduction and scope of policy
This AdvisorEngine Inc. Cookies Policy (“Policy”) applies to your interaction with AdvisorEngine Inc. or any of its subsidiaries (“AdvisorEngine”).
II. About "Cookies"
If you use multiple browsers or devices, information that we collect about you from one particular browser or device may be used to collect information on another browser or device. Information may also be transferred to a third party information collection on behalf of AdvisorEngine. Please note that your choice to opt out on a particular browser or device will apply only to the collection and use of information from that particular browser or device. Opting out on a particular device will not opt you out of information collection on other devices, nor will it limit cross device sharing on those other devices. If you use different browsers on a device or multiple devices, for each browser and device you wish to opt out, please opt out each device and browser.
Industry standards are currently evolving, and we may not separately respond to or take any action with respect to a “do not track” configuration set in your internet browser.
III. DO YOU HAVE TO ACCEPT COOKIES?
You may be able to set your browser to reject browser cookies. However, if you choose to reject cookies, you cannot access your accounts online with AdvisorEngine or its subsidiary CRM Software Inc. Therefore, if you set your browser options to disallow cookies, you will limit the functionality we can provide when you visit our Site. The latest versions of internet browsers provide cookie management tools, such as the ability to delete or reject cookies. We recommend that you refer to information supplied by browser providers for more specific information, including how to use these tools.
IV. ADDITIONAL COOKIES
Cookies is a term also used to describe other locally stored objects, such as cookies stored in an Adobe folder on your device. These cookies will not be deleted when you clear cookies from your browser. We may use this technology for purposes such as information security and fraud prevention. We do not use this technology for online behavioral advertising purposes. Please refer to information provided by Adobe for information on how to disable and control Flash objects. If you choose those options, you may limit the functionality we can provide when you visit our Site.
V. ADDITIONAL TECHNOLOGIES
We may also use additional technologies such as pixel tags, web beacons, and clear GIFs, and may permit our third-party service providers to use these technologies. We use these technologies for purposes such determining viewing and response rates, and determining which offers to present to you on our own or on third party sites.
VI. USING INFORMATION
In addition to the uses described above, we use information for purposes as allowed by law such as: servicing; communicating with you; improving our Site, products, or services; legal compliance; risk control; information security; anti-fraud purposes; personalizing the presentation of our products and services to you; tracking website usage, such as number of hits, pages visited, and the length of user sessions in order to evaluate the usefulness of our sites; and using read-receipt notifications in our email communications.
As of March 12, 2020