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PathWise Privacy Policy

2019



Our Commitment to You

PathWise Wealth Partners, LLC (“PathWise” or the “Advisor”) is committed to safeguarding the use of personal information of our Clients (also referred to as “you” and “your”) that we obtain as your Investment Advisor, as described here in our Privacy Policy (“Policy”).

Our relationship with you is our most important asset. We understand that you have entrusted us with your private information, and we do everything that we can to maintain that trust. PathWise (also referred to as "we," "our" and "us”) protects the security and confidentiality of the personal information we have and implements controls to ensure that such information is used for proper business purposes in connection with the management or servicing of our relationship with you.

PathWise does not sell your non-public personal information to anyone. Nor do we provide such information to others except for discrete and reasonable business purposes in connection with the servicing and management of our relationship with you, as discussed below. Details of our approach to privacy and how your personal non-public information is collected and used are set forth in this Policy.


Why you need to know?

Registered Investment Advisors (“RIAs”) must share some of your personal information in the course of servicing your account. Federal and State laws give you the right to limit some of this sharing and require RIAs to disclose how we collect, share, and protect your personal information.


What information do we collect from you?

Social security or taxpayer identification number Assets and liabilities
Name, address, and phone number(s) Income and expenses
E-mail address(es) Investment activity
Account information (including other institutions) Investment experience and goals

What Information do we collect from other sources? 

Custody, brokerage, and advisory agreements Account applications and forms Other advisory agreements and legal documents Investment questionnaires and suitability documents Transactional information with us or others Other information needed to service account


How do we protect your information?

To safeguard your personal information from unauthorized access and use we maintain physical, procedural, and electronic security measures. These include such safeguards as secure passwords, encrypted file storage,and a secure office environment. Our technology vendors provide security and access control over personal information and have policies over the transmission of data. Our associates are trained on their responsibilities to protect Client’s personal information.

We require third parties that assist in providing our services to you to protect the personal information they receive from us.


How do we share your information?

An RIA shares Client personal information to implement its services effectively. In the section below, we list some reasons we may share your personal information.


Basis for SharingDo we share?Can you limit?
Servicing our Clients
We may share non-public personal information with non-affiliated thirdparties (such as administrators, brokers, custodians, regulators, creditagencies, other financial institutions) as necessary for us to provideagreed upon services to you, consistent with applicable law, including butnot limited to: processing transactions; general account maintenance;responding to regulators or legal investigations; and credit reporting.
YesNo
Marketing Purposes
PathWise does not disclose and does not intend to disclose, personalinformation with non-affiliated third parties to offer you services. Certainlaws may give us the right to share your personal information withfinancial institutions where you are a customer and where PathWise orthe client has a formal agreement with the financial institution. We willonly share information for purposes of servicing your accounts, notfor marketing purposes.
NoNot Shared
Authorized Users
Your non-public personal information may be disclosed to you andpersons that we believe to be your authorized agent(s) orrepresentative(s).
YesYes
Information About Former Clients
PathWise does not disclose and does not intend to disclose, non-publicpersonal information to non-affiliated third parties with respect to personswho are no longer our Clients.
NoNot Shared


State-specific Regulations

Changes to our Privacy PolicyIn response to a California law, to be conservative, we assume accounts with California addresses do not want us todisclose personal information about you to non-affiliated third parties, except as permitted by California law. We also limitthe sharing of personal information about you with our affiliates to ensure compliance with California privacy laws.



Changes to our Privacy Policy

We will send you a copy of this Policy annually for as long as you maintain an ongoing relationship with us. Periodically we may revise this Policy and will provide you with a revised policy if the changes materially alter the previous Privacy Policy. We will not, however, revise our Privacy Policy to permit the sharing of non-public personal information other than as described in this notice unless we first notify you and provide you with an opportunity to prevent the information sharing.

Any Questions?
You may ask questions or voice any concerns, as well as obtain a copy of our current Privacy Policy by
contacting us at (925) 939-5607.


GDPR

Last updated July 14, 2018


We at PathWise have created this privacy policy (this “Privacy Policy”) because we know that you care about how the information you provide to us is used and shared. This Privacy Policy relates to our information collection and use of your information through our website located at:

https://pathwise.co/  

By visiting our Site, you agree to the terms of this Privacy Policy and the accompanying Terms of Use. Please note that to the extent that we utilize the personal data of an individual located in the European Economic Area (“EEA Individuals”), we also discuss relevant General Data Protection Regulation (2016/679) (“GDPR”) information within the GDPR Disclosure section below.



The Information We Collect and/or Receive

In the course of operating the Site, we will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information. 


Other Information.

In addition to the Contact Information, we may collect additional information (the “Other Information”).  

Such Other Information may include:

a. From Your Activity. When visiting the Site, your browser makes an HTTP request to our web server. This HTTP request contains certain information logged by our web server including, without limitation, IP address, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Site visitors visit, and similar information concerning your use of the Site.


b. From Cookies. We collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit.  We use session cookies, which expire once you close your web browser, to help us collect Other Information and to streamline your experience using the Site. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device.  Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies, as applicable. However, if you decide not to accept cookies from us, the Site may not function properly as we only use cookies that are technically necessary for functioning of the Site;  we do not use any third-party analytics, web audience measurement, or retargeting services. 


How We Use and Share the Information  

You authorize us to use your Contact Information to provide information about our investment research and, subject to applicable law, potentially inform you about our company’s products and services.


You also authorize us to use and/or share your Contact Information and other Information (collectively, “Information”) with any of our affiliates, subsidiaries, or other companies under common control with us and as described below:

Business Transfers. As we develop our businesses, we might sell or buy businesses or assets.  In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, your Information may be part of the transferred assets.

Legal Requirements. To the extent permitted by law, we may also disclose your Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or  (ii) whenever we believe that disclosing such information is necessary or advisable, for example, to protect the rights, property, or safety of BMCM or others.

Accessing and Modifying Information and Communication Preferences

If you have provided us any personal information, you may access, remove, review, and/or make changes to the same by contacting us at Ryan Wells ryan@pathwise or 925-939-5607.  You may manage your receipt of marketing and non-transactional communications by clicking on the “Unsubscribe” link located on the bottom of any relevant marketing e-mail.  We will use commercially reasonable efforts to process such requests promptly.  You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.



How We Protect the Information

We take commercially reasonable steps to protect your Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.  Please understand, however, that no security system is impenetrable.  We cannot guarantee the security of our databases or the databases of the third parties with which we may share such information, nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet.  In particular, e-mail sent to us may not be secure, and you should, therefore, take special care in deciding what information you send to us via e-mail.


External Sites

The Site may contain links to External Sites. Pathwise has no control over the privacy practices or the content of these External Sites.  As such, we are not responsible for the content or the privacy policies of those External Sites.  You should check the applicable third-party privacy policy and terms of use when visiting any External Sites.



Children

We do not knowingly collect personal information from children under the age of 13 through the Site.  If you are under 13, please do not give us any personal information.  We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information through the Site without their permission.  If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases. 


Important Notice to Non-U.S. Residents

The Site and its servers are operated in the United States.  If you are located outside of the United States, please be aware that any information you provide to us may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. 


Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy.  We may change this Privacy Policy from time to time with or without notice to you, to the extent permitted by applicable law. Any such changes will be posted on the Site. To the extent permitted by applicable law, by accessing the Site after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes.  Please be aware that, to the extent permitted by applicable law, our use of your information is governed by the Privacy Policy in effect at the time we collect the Information.  Please refer back to this Privacy Policy on a regular basis.


How to Contact Us

If you have questions about this Privacy Policy, please contact us via e-mail at ryan@Pathwise.co “Privacy Policy” in the subject line.


GDPR Disclosure

In addition to the above, please see below GDPR-related disclosures for EEA Individuals. To the extent there is a conflict between this GDPR Disclosure and any other provision of this Privacy Policy, this GDPR Disclosure shall control with respect to EEA Individuals, where feasible.


Legal Basis and Purpose:  Pathwise acts as “data controller” of the Contact Information and Other Information collected on the Site for the purposes and under the legal bases described below:


Contact Information: We provide our investment research and investment management pursuant to client agreements and our legitimate interest in providing investment research and account information materials to interested EEA Individuals. Note that EEA Individuals must affirmatively sign up to receive such materials. Such information will be retained to provide the subscription or to effectuate any “opt-outs” unless deletion of such information is requested. In some cases, the information may not be able to be deleted.

Other Information: We collect Other Information so that individuals can connect and use the Site, and to maintain security audit logs to remove or defend against malicious visitors or attackers (e.g., thwarting DDOS attacks). This information is logged internally within the web servers that host our Site and stored on an ongoing basis.


Data Transfer: The above Information is transferred to the United States as necessary to provide the subscription and enable or protect the Site, respectively, pursuant to the terms of this Privacy  Policy and GDPR Article 49(1)(b). Please also see Business Transfers and Legal Requirements above.

Your GDPR Rights: Natural persons have a right to (i) request access to, correction and/or erasure of their personal data; (ii) object to processing of their personal data; (iii) restrict processing of their personal data; and (iv) request a copy of their personal data, or have a copy thereof sent to another controller, in a structured, commonly used and machine-readable format under the right of data portability. These rights may be exercised by contacting: Ryan Wells at ryan@pathwise.com. Natural persons also have the right to lodge a complaint about the processing of their personal data with a data protection authority.


Objecting to Legitimate Interest/Direct Marketing: Natural persons may object to personal data processed pursuant to Pathwise’ s legitimate interest. In such case, Pathwise will no longer process their personal data unless Pathwise demonstrates appropriate overriding legitimate grounds for the processing or if needed for the establishment, exercise, or defense of legal claims. Natural persons also may object at any time to the processing of their personal data for direct marketing purposes (such as opting out of investment research emails, see Accessing and Modifying Information and Communication Preferences above). In such a case, their personal data shall no longer be used for that purpose.


EU Representative: The firm does not have a representative physically in the EU as the firm manages the US assets of EAA/EU clients.  The person responsible for EU regulations and EU clients is Ryan Wells, CCO ryan@pathwise.co located at 2255 Contra Costa Blvd. Suite 207 Pleasant Hill CA 94523 925-939-5607.