Effective Date:  Jan 2, 2020

AdvisorEngine Inc. and its affiliates CRM Software Inc. (“Junxure”), Kredible Technologies, Inc. and Wealthminder Inc. (hereinafter, “AdvisorEngine”, “we” or “us”) have adopted this Privacy Policy or Statement (this “policy”) with recognition that protecting the privacy and security of the personal information we obtain from and about our users is an important responsibility. This policy outlines the types of information we collect when you use our website, AdvisorEngine.com, and the online services, platform or other websites or platforms operated or offered by AdvisorEngine (collectively, the “Platform”). In addition to this policy, you should read the Terms and Conditions of the Platform and your applicable services agreement. By using the Platform, you consent to the data practices described in this policy. This policy may change from time to time. Your continued use of this Platform after we make changes is deemed to be acceptance of those changes, so please check this policy periodically for updates.

  1. PERSONAL INFORMATION

    When you use the Platform, our servers automatically record certain information about your use. Similar to other web services, we record information such as account activity, data displayed or clicked on (such as UI elements, ads, and links), and other information (such as browser type, IP address, date and time of access, cookie ID, and referrer URL). Along with cookies, we may also use third-party tracking technology to record similar information regarding you and your activity on the Platform. To use services offered on the Platform, you must create an account. In creating this account, AdvisorEngine may ask for some personal information, including an email address and a password, which is used to protect your account from unauthorized access. Your personal and login information is considered non-public information. Except as required by law or requested by regulatory authorities, AdvisorEngine agrees to maintain your non-public information as required and described herein (“personal information” or “non-public information”) in strict confidence. We may access personal information about you from third-party sources and platforms (such as social networking sites, databases, online marketing firms, and ad targeting firms).

    AdvisorEngine restricts access to non-public personal information about users to certain AdvisorEngine employees who require that information in order to maintain and operate the Platform. AdvisorEngine may ask you for additional personal information, such as your name or picture, in order to provide personalized services to you. AdvisorEngine may store, process, and maintain data related to your account. AdvisorEngine’s uses for this data are described below.

    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 privacy@advisorengine.com. 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.

  2. USE OF INFORMATION

    AdvisorEngine maintains and processes your AdvisorEngine account and its contents to provide content, material and information on the Platform. AdvisorEngine's servers process the information you provide to AdvisorEngine 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.

    • To provide you with useful services and content;
    • To ensure the proper functioning of AdvisorEngine and its Platform;
    • To offer and improve our Platform;
    • To provide you with requested information, technical support and/or integrations such as APIs;
    • To facilitate your movement through our Platforms or your use of our Platform;
    • To do a better job of advertising and marketing our services (our use of your information to do this is performed with your consent where required by applicable law);
    • To advertise and market third party products and services (such advertisement is only performed with your permission where your consent is required by applicable law)
    • To diagnose problems with our servers or our Platform;
    • In connection with our security, operations and compliance programs;
    • To administer our Platform;
    • To communicate with you;
    • To target prospective customers with our products or services (such targeting is only performed with your permission where your consent is required by applicable law);
    • To assist us in offering you a personalized experience or otherwise tailor our Platform, to you; and
    • As otherwise described in this policy.

    AdvisorEngine may send you information related to your AdvisorEngine account or other AdvisorEngine services. If you decide at any time that you no longer wish to receive marketing communications from us, please follow the "unsubscribe" instructions provided in the communications.

    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.

  3. INFORMATION SHARING AND ONWARD TRANSFER

    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: We employ other companies and people to assist with parts of our business operations and perform tasks on our behalf.  Where necessary, we will share your personal information with these service providers in order to deliver the Services to you. 

    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.

    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 or for joint marketing programs) 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.  In anonymizing your Personal Information or aggregating usage information, we will ensure you are not identifiable as an individual. 

    AdvisorEngine encourages users of the Platform to collaborate with and engage with others by discussing financial and investment opinions, information and experience. You understand and agree that any such information that you provide through the Platform or otherwise, including, for instance, as part of your profile or while interacting with other users, will be publicly available, and that other users may use and reproduce such information. We have no control over the use by other users of the information that you voluntarily disclose to the public.

  4. SHARING WITHIN THE CORPORATE FAMILY

    We 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 to provide you with their products and services. Any such corporate affiliate may use your information only according to the terms of this Privacy Policy. If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent.

  5. 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.

  6. SECURITY

    The transmission of information via the internet, email or text message is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through the Platform or related services or over email; any transmission is at your own risk.

    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 support@advisorengine.com.

  7. CHOICES AND PREFERENCES

    You may delete your AdvisorEngine account by emailing support@advisorengine.com and providing us with enough information to identify your account and prove that you are the owner of the identified account. We will endeavor to act on these deletion requests as soon as reasonably practicable. Deletions take effect when we act on them.  Residual information related to your account may remain for some time on our servers.

    You may decline to provide personal information to AdvisorEngine, except where such information is necessary to enable a feature of the Platform. In cases where such personal information is necessary, you may not use that feature if you decline to provide the necessary personal information. 

  8. AS APPLICABLE TO EU AND EEA USERS AND CUSTOMERS ONLY

    YOUR RIGHTS

    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 privacy@advisorengine.com. 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.

    ACCESS

    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.

    PORTABILITY

    You have the right to receive a subset of the personal information you provide us 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.

    CORRECTION

    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 while we assess 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.

    ERASURE

    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.

    RESTRICTION 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.

    OBJECTION

    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 data 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 data, you can withdraw your consent at any time by contacting us at privacy@advisorengine.com.

  9. DISCLOSURES FOR CALIFORNIA USERS AS APPLICABLE

    CALIFORNIA INFORMATION-SHARING DISCLOSURE

    Covered 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 support@advisorengine.com with “California Privacy Rights” in the subject line.  You may also call us at 866-826-2731.

    CALIFORNIA RIGHT TO OBJECT

    If you are a California resident, to the extent provided under applicable California law, you may “opt out”, or object in writing to the sale or other sharing of your personal information, and we will refrain from doing so without an economic impact on you, except to the extent, if any, that our inability to make use of your data impacts the economic value of our business relationship. 

    OTHER CALIFORNIA USER RIGHTS

    If the California Consumer Privacy Act (“CCPA”) applies to you, you may also have other rights, including:

    • The right to know what personal information is being collected about you;
    • The right to know whether your personal information is sold or disclosed and to whom;
    • The right to access your personal information;
    • The right to request deletion of your personal information, subject to certain exceptions by law; and
    • The right to equal service and price, even if you exercise your privacy rights.

     

    If you believe CCPA rights apply to you, we can give you more information  about these rights.  Please contact us at support@advisorengine.com with “CCPA 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 turned on. The information we collect is governed by this policy.

  10. COMPLAINTS

    In the event that you wish to make a complaint about how we process your personal information, please contact our Data Privacy Officer at privacy@advisorengine.com and we will try to address with your request.

  11. CHANGES TO THIS PRIVACY POLICY

    AdvisorEngine’s Privacy Policy about obtaining and disclosing information may change from time-to-time. In all such instances, we will provide you with notice of any material change to this policy before implementing the change.

  12. MORE INFORMATION

    This document constitutes AdvisorEngine’s complete Privacy Policy. If you have questions or comments about this policy, please email us at privacy@advisorengine.com