MAI Capital Management, LLC (“MAI,” “we,” “us,” or “our”) respect your privacy. Accordingly, we have developed this Privacy Notice in order for you to understand how we and our suppliers collect information (“Collected Information”) through this website (“Site”). This Privacy Notice also describes how we use, communicate, and disclose and make use of Collected Information, as well as your choices regarding the use of your Collected Information and how we communicate changes to this Privacy Notice.
PLEASE NOTE: This Privacy Notice is not intended to and does not cover our collection and use of your personal information collected through your use of our products and services and that is protected under Federal law. To learn more about our collection, use and our practices relating to such personal information, please see our GLBA Non-Public Information Privacy Notice below.
By accessing or using the Site or by entering into any other agreement with MAI that governs access to or use of the Site, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand this Privacy Notice. If you do not agree with this Privacy Notice, do not access or use the Site.
This Privacy Notice is incorporated into and made a part of our any other agreement that references this Privacy Notice or that governs access to or use of the Site.
TABLE OF CONTENTS
- Changes to this Privacy Notice
- Information You Submit
- Other Information Collected
- How We Use and Share Collected Information
- Additional Information for California, Residents or Where Required by Applicable U.S. State Law
- Accuracy & Security
- Third Party Websites
- GLBA Non-Public Information Privacy Notice
- Contact Us
We reserve the right to update this Privacy Notice at any time. All updates will be effective immediately upon posting of the updated Privacy Notice on the Site. Material changes will be clearly posted on the Site or otherwise communicated to you.
2. INFORMATION YOU SUBMIT
Personal Information. You can visit the Site without submitting your personal information to us, but you will be required to provide your personal information in order to sign up for an account on the Site (where that option is available) and to use certain other tools and features of the Site. We will collect any personal information from or about you that you choose to provide to us, which may include, without limitation, your first and last name, physical address, telephone number, cell phone number, email address. To sign up for an account on the Site, where that option is available, you may be required or given the opportunity to provide additional types of information. Any such information that you choose to submit will be collected by MAI. We will use your personal information as described below in this Privacy Notice, including to set up and administer your account (to the extent applicable) and to communicate with you.
Requests for Information and Support. To contact us for more information or to request support via the Site, you will need to provide your contact information (including, without limitation, your email address, first and last name, your zip code, and your telephone number) as applicable, the company you work for, and the subject matter in which you are interested.
Live Chat. If you use any chat or messaging feature on the Site, we will collect all text and other information and content that you may provide or input using those features. If you use a chat or messaging feature while signed into your account, we may link that information to your account.
3. OTHER INFORMATION COLLECTED
As you navigate and use the Site, certain information can be passively collected—that is, gathered without the user actively providing the information or being concurrently made aware of the collection of information—using various technologies. We passively collect a variety of types of information in a variety of ways, including:
IP Addresses and Related Data. The servers used to operate and provide the Site may collect data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the Site, including Internet protocol (“IP”) addresses assigned to the computers and other devices from where you access the Internet, your Internet service provider (ISP), device ID numbers and unique identifiers, your media access control (MAC) address, your operating system, your computer screen resolution, your web browser type, the pages you access on the Site, the websites you access before and after visiting the Site, the length of time you spend on the Site, date and time stamps, clickstream data, your approximate geographic location, performance statistics, and usage data. MAI may use this information to administer the Site and its servers, to generate statistical information, to monitor and analyze Site traffic and usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve the Site.
We may combine this information with other Collected Information (including personal information) and information obtained from third parties for security reasons and to protect our rights or the rights of others. The suppliers that we use to provide the Site may collect information about your visits to the Site and other websites. Some of this information may be collected using cookies and similar tracking technologies as explained below under “Cookies and Tracking Technologies.”
Analytics. The Site may use third-party analytics tools to collect and process data about your use of the Site, including when you visit the Site(s), URLs of the websites that you visit prior to visiting the Site and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Site’s structure and content.
MAI is active on social media. You may have the opportunity to comment on those social media platforms regarding MAI and the products we offer and/or to submit or upload related photographs and other materials. MAI reserves the right to post on the Site, other websites, and social media pages any comments, photographs, or content that you post on our social media pages or provide to us through social media.
The Site may use both cookies that we implement, and cookies implemented by our suppliers and other third parties. “First-party” cookies allow your browser to talk to the actual website that you are visiting, whereas “third-party” cookies allow your browser to talk to third-party websites, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider.
Most browsers automatically accept cookies. Browsers generally also allow users to manage cookies in the browser’s settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete cookies stored previously. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website. You can disable or limit cookies but doing so may impact your use and enjoyment of the Site and other websites. For example, the Site may not be able to be personalized for you, may no longer capture or remember your preferences or other choices you have made on the Site in the past, and may not remember your name or contact information.
Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new computer, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.
The types of information collected by a cookie and the purposes for which that information is used depends on the type of cookie. By way of illustration, the types of cookies used, the types of information collected by those cookies, and the purposes for which that information is used are described below. We may combine information collected by cookies with other Collected Information.
- Operationally necessary cookies (also called essential cookies). These are cookies that are required for the operation of the Site. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Site to make use of its functions. Without these cookies, the features and services you have requested will not be able to be provided.
- Functional cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Site. This may include to remembering choices you make, for example, remembering your preferences or settings, remembering if you reacted to something on or through the Site so that you are not asked to react to it again, remembering if you have used any feature of the Site before, remembering your username or preferences, remembering if you have used any feature of the Site before, restricting the number of times you are shown a particular advertisement, and enabling social media components. If functional cookies are disabled, various functions of the Site may be unavailable to you or may not work the way you want them to.
- Performance cookies (also called analytical cookies). These cookies assess the performance of the Site, including as part of our analytic practices to help us understand how visitors use and interact with the Site, for example, which pages on our websites users visit most often. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our websites work and provide a better, personalized user experience.
- Advertising or targeted cookies. If in scope, these cookies may record your visits to a website, the pages you visit on our websites, and the links you have clicked. They may gather information about your browsing habits and remember that you have visited a particular website. These cookies are used to make websites and their content more relevant to your interests. These cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns (if such cookies are in scope). To find out more about interest-based ads and your choices, please visit the Digital Advertising Alliance, Network Advertising Initiative, Interactive Advertising Bureau (IAB) Europe, http://www.allaboutcookies.org, and http://www.youronlinechoices.com.
A cookie can either be a “session” cookie or a “persistent” cookie. Session cookies exist only for so long as you are visiting the applicable website. Session cookies are typically deleted or removed when you exit or quit your browser application. Persistent cookies exist for a set period, for example, six months or one year. Each time you visit a website that has implemented a persistent cookie, that cookie will remain active until its predetermined expiration date. You can also manually delete persistent cookies as discussed above.
The Site may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). Web beacons are tiny graphics with unique identifiers that function similar to how cookies function but, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos. Pixel tags can be placed on websites or within emails to track your interactions with those websites and when emails are opened.
How We Respond to Do-Not-Track Signals. Due to the automatic collection of data using cookies as described above, we do not honor “do not track” requests. For this reason, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of information using cookies and other tracking technologies.
Embedded Content. The Site incorporates content, including feeds, scripts embedded in the Site’s code, and visible content (e.g., videos), provided by third parties. In some cases, those third parties collect data about how you interact with their content.
Information from Other Sources. We may obtain data about Site users from various third-party companies and public sources, whether offline or online (such as publicly available social media profiles), and we may combine that data with Collected Information. This enhances our existing information about our users and customers and improves our ability to contact you and our marketing’s relevancy.
4. HOW WE USE AND SHARE COLLECTED INFORMATION
In addition to the uses and sharing described above, MAI and its suppliers may use and disclose Collected Information as described below:
Purpose Collected and Communication with You. We will use and share your personal information and other Collected Information for the purpose for which it was collected—including, without limitation, for the performance of a contract or agreement entered or requested by you with MAI—and as otherwise set forth in the “Information You Submit” and “Other Information Collected” sections above. For example, we will use Collected Information to process and communicate with you in connection with your requests for information, to administer your Partner account and MAI business activities, to provide customer support to Site users, and to provide you with information and communications that you request. If you provide us with your telephone number, we may call you in response to your questions or comments. We may also use Collected Information to notify you of changes made to the Site (e.g., changes to this Privacy Notice).
Sharing with our Suppliers. We may disclose Collected Information to our suppliers and service providers as necessary for us to provide the Site and our products and services to you, to engage in the use and sharing of Collected Information as permitted by this Privacy Notice and as may be otherwise required or permitted by applicable law. These third parties include, without limitation, our website and software management and hosting suppliers, support service providers, cloud storage providers, information technology security providers, marketing and public relations service providers, data analytics providers, and email service suppliers. Our suppliers are authorized to and may use and disclose Collected Information as necessary for them to provide the applicable products and services to us and as provided by their own privacy policies.
Evaluation and Improvement of the Site. We may use and disclose Collected Information to analyze, develop, and improve the Site, content, materials, and products we provide; to inform marketing and communication plans and strategies; to understand use demographics and preferences; to analyze the effectiveness of the Site; and to evaluate user needs and customize Site content and the user experience.
Data Aggregation. To the extent permitted by applicable law, we may aggregate personal information, user-generated content, and other Collected Information and use that aggregate data for our business purposes. We may use aggregate data to understand Site users’ needs and usage patterns, to determine what kinds of products and Site we can provide, and to improve and enrich our products and Site. We may provide aggregate information to our affiliates, suppliers, and other third parties for these purposes. We may also combine Collected Information with other information in our possession for the purpose of using information as described in this Privacy Notice.
Lawful Processes, Security & Protection of Rights. We may use and share Collected Information as required or permitted in accordance with subpoenas, court orders, valid law enforcement requests, governmental agency requests, and other legal processes. We may use Collected Information and share it with third parties if we believe doing so is necessary or appropriate to protect our rights or the rights of others, including disclosing information as necessary to protect our operations, to enforce or bring legal action in the event of a violation of our agreements or policies, or to pursue remedies or limit damages that we may sustain.
Business Transactions. If MAI undergoes a change in control, acquisition, merger, reorganization, or asset sale (in whole or in part), we may transfer, sell, share, or otherwise disclose Collected Information to the subsequent owner(s) or successor(s) of those transactions. We may also disclose Collected Information in connection with the evaluation of those transactions. The owner(s), successor(s), and other recipients, as applicable, will be bound by this Privacy Notice as it applies to the information disclosed. Also, if MAI or any of its assets are acquired or if MAI goes out of business, enters bankruptcy, or goes through some other change in control or reorganization, Collected Information may be one of the assets transferred to or acquired by a third party.
With Your Consent. With your consent, we may use and share your personal information and other Collected Information in ways not specifically described in this Privacy Notice.
Retention. MAI will retain personal information for as long as it is needed for or otherwise serves the purposes outlined in this Privacy Notice, subject to applicable law. Further, personal information is retained in accordance with our policies and practices, applicable law, and contractual obligations.
5. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS OR WHERE REQUIRED BY APPLICABLE U.S. STATE LAW:
This section of our Privacy Notice supplements the information contained throughout the Privacy Notice and applies solely to visitors, users, and others who reside in the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018, as amended, (“CCPA”) and other California privacy laws.
Collection. Consistent with the “Information You Submit” and “Other Information Collected” sections above, we collect certain categories of personal information about you. We collect the following types of categories of personal information:
|Personal Information||We collect the following subcategories of personal information:||We collect such personal information for the following purposes:|
|Identifiers||First and last name, social security number, physical address, telephone number, cellphone number, email address, income.||Performing services or providing products to you, providing customer services, verifying user information, facilitating access to services or products.|
To administer your account.
Communicating with you when you have requested support, information, services, etc.
To send promotional communications about us, to the extent permitted by applicable law.
|Internet or other electronic network activity information||IP addresses, log files, login information, and cookies and device information (e.g., online activity such as date and time of accessing our websites, website addresses accessed, the length of website visit).||Analytical purposes, including, without limitation, to help us improve your access to the Site (for example, by remembering your contact and other information when you access or use the Site), to identify repeat visitors to the Site, to track how you access and use the Site, to learn when and how users visit the Site, to learn how popular Site pages are and aren’t, to learn which search terms are used to find the Site, to learn which websites direct you to the Site, to help display certain information on the Site, and to improve your enjoyment of the Site.|
|Approximate Geolocation||Physical address; work / business address, state, region.||Performing the services or providing products, including, without limitation, providing customer services, verifying user information, facilitating access to the Site.|
To communicate with you and send you information about our products or services, or to respond to your request for information or products and services.
To send you promotional communications about us and our products or services, to the extent permitted by law.
|Professional or employment-related information||Business contact information, including, but not limited to, job title, place of employment, business phone number, business address.||Performing the services or providing products, including, without limitation, providing customer services, verifying user information, facilitating access to the Site.|
Communicating with individuals who have requested support, information, or services.
To send you promotional communications about us and our products and services, to the extent permitted by law.
Out-of-Scope Information and Exceptions. Personal information under the CCPA does not include the following:
- Publicly available information from government records;
- De-identified or aggregated consumer information;
- Information excluded from the CCPA’s scope, including, for example;
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Please note our collection and use of any information you provide to us that is regulated and protected under the GLBA is subject to our GLBA Non-Public Personal Information Privacy Notice.
No Sensitive Personal Information. We do not knowingly collect any personal information that would be considered “sensitive” under the CCPA.
Purposes. We collect personal information for the business and commercial purposes set forth under the “How We Use and Share Collected Information” section above as further expanded on in the above table.
Sources. Consistent with the Privacy Notice above, we collect certain categories of personal data directly from you and, in some circumstances, third parties. The categories of sources that we collect personal data from in the prior 12 months includes the following:
- Our third-party service providers;
- Third party websites and mobile applicable (e.g., websites that share information with us or our advertising partners);
- Social media companies;
- Our websites; and
- Your communications with us.
Disclosures to Third Parties. Pursuant to and consistent with the purposes for collecting your information as set forth in this Privacy Notice we disclose certain categories of personal data to third parties for business (or other) purpose. The categories of personal information we disclose include:
- Identifiers: including but not limited to name, telephone number, address, age, email address, or date of birth;
- Internet or other electronic network activity information: including but not limited to computer and connection information, IP address, and cookies and other tracking technologies described further above; and
- Inferences: drawn from the above categories of personal information.
As described in this Privacy Notice above, applicable business purposes for such disclosures include, without limitation, product and service fulfillment, internal operations, prevention of fraud and other harm, and legal compliance.
The categories of third parties to which we may share the above categories of information, include, without limitation:
- MAI affiliates and related entities;
- Third party service providers: including, but not limited to, data analytics and advertising providers, fraud prevention providers, cloud storage providers, IT service providers, delivery partners, and marketing companies; and
- Law enforcement and government regulators.
Your Rights and Choices
The CCPA grants individuals that are California residents, certain rights (subject to all exemptions and exceptions as may be set forth in the CCPA or its applicable regulations) regarding our collection of your personal information. These rights include, only to the extent applicable and to the extent granted to you under the CCPA:
- The right to request the disclosures of (1) what personal information has been collected; (2) the categories of sources from which your personal information was collected; (3) the business or commercial purpose for collection or selling your personal data; (4) the categories of third parties with whom we disclose personal information; and (5) the specific pieces of personal information we have collected about you (also called data portability);
- The right to request the deletion of your personal information that we have collected;
- The right to request the correction of your personal information that we have collected;
- The right to not be discriminated against due to your exercise of your rights under the CCPA. We do not discriminate based on an individual’s exercise of the rights granted to them under the CCPA.
The above rights are only exercisable by you where the CCPA grants you the right being exerted and where no exception or exemption under the CCPA applies. You may also have a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act.
We do not sell your personal information to third parties, nor do we share your information for purposes of cross-contextual behavioral advertising as defined under the CCPA. In the event we begin selling your personal information or sharing your personal information for cross-contextual behavioral advertising purposes (1) this Notice will be updated to reflect that fact and you will be notified of such update and (2) if required under the CCPA, you will be provided the ability to opt out of the sale of your personal information or the sharing of your personal information for cross-contextual behavioral advertising purposes (as may be applicable).
To exercise the rights described herein (only to the extent applicable), you may submit a verifiable request to us by through the methods set forth under the “Exercise Your Rights” section below. We will respond to all requests that we receive from you about your personal information in accordance with applicable data protection laws and to the extent permissible under any other applicable laws.
Exercising Your Rights. To exercise the rights described above only to the extent applicable law grants you such rights, please submit a verifiable consumer request to us by either:
Telephone: [877-624-7748; 877-MAI-PRIV]
Only you or a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. Without limiting the foregoing, the verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify whether you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format. We endeavor to respond to a verifiable consumer request within 45 days of its receipt, and in any event, we will respond to you within the timeframe required under applicable law. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
6. ACCURACY AND SECURITY
Personal data you provide to us should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up to date.
We have in place reasonable and appropriate technical, physical, and organizational procedures and security measures designed to safeguard and secure personal information from unauthorized loss, alteration, access, disclosure, and processing, considering the cost of implementing such measures commensurate with the risks posed by the particular type of processing, the nature of the personal information, and in accordance with applicable law. We value your trust in providing us with your information; however, no method of transmission over the Internet, or method of electronic storage is 100% secure and reliable. We cannot guarantee the security of Collected Information.
We limit access to our systems that hold personal information to authorized personnel and such access is limited to those personnel who have a need to know such information for the purpose of performing their job function or as otherwise permitted under this Privacy Notice.
The Site is not directed at children under 16 years of age. MAI does not knowingly collect or use information from children under 16 through the Site.
8. THIRD PARTY WEBSITES
9. GLBA NON-PUBLIC INFORMATION PRIVACY NOTICE
This GLBA Non-Public Information Privacy Notice applies to our collection and data usage practices regarding our customers and consumers non-public personal information, which includes, for example, the information you provide us and that we collect pursuant to financial product and services that we provide to you. Additionally, this GLBA Non-Public Information Privacy Notice applies to our consumers and customers (e.g., those who have obtained or are obtaining financial products or services from us or that have a continuing relationship with us).
For information regarding our collection and data usage practices and that is outside of scope of this GLBA Non-Public Information Privacy Notice, please see the rest of the Privacy Notice above.
At MAI, the interests of our clients always come first. As part of our firm’s tradition of trust, the confidentiality of client information has been and will continue to be paramount. We maintain high standards to safeguard your personal financial information at all times, and we will remain vigilant in protecting that information.
MAI has built relationships with many individual clients. Additionally, MAI serves as the manager and investment advisor to the MAI Funds (described in greater detail below). In all cases, we collect personal financial information that is essential to provide efficient personalized services to you and to meet all legal and regulatory requirements.
We never rent or sell your name or other personal financial information. We will only share certain information with companies not in our corporate family (“non-affiliated third parties”) as permitted by law for the purpose of servicing your financial needs. The recipients of that information are required to protect the confidentiality and security of that information and may not reuse it for any other purpose. Information is not shared with any third party except under an agreement prohibiting disclosure or use of the information except to carry out the service relationship.
QUESTIONS AND ANSWERS ABOUT MAI’S PRIVACY PRACTICES.
How do we protect the confidentiality, security and integrity of your information?
- We restrict access to your personal financial information to personnel who need that information to provide you with our products and services. We also require all employees to acknowledge their receipt and review of our privacy policies.
- Policies and Procedures. We maintain and monitor our physical, electronic and procedural safeguards, updating them as needed so that we may guard your personal information.
- We use security and encryption methods to help us identify and prevent potential data breaches and unauthorized disclosure of your personal financial information.
What types of information do we collect about you and from what sources?
Depending on the nature of your relationship with us, we must obtain certain information to meet legal and regulatory requirements. We collect only personal financial information that is either required or necessary to provide personalized financial services to you. For instance, we may obtain information about you from your application or other forms, such as your name, address, Social Security number, telephone number, and income. We may obtain information about you from meetings and telephone conversations with us. We may obtain information about your investments from transactions with us or the MAI Funds. Finally, with respect to MAI Fund investors, we may obtain information from subscription agreements, investor questionnaires or other fund documents or statements, such as your name, address, Social Security number, telephone number, income, and amount invested and capital account balances in such MAI Funds.
What information do we disclose about you and to whom?
We may disclose some or all your personal information to our corporate affiliates, if any. We do this in order to offer you a broad range of products and services and to comply with applicable law.
MAI will, as necessary, use various services from outside vendors that are non-affiliated third parties. We use these external vendors for the purpose of supporting the financial products and services we provide to you. For example, we provide information to financial service providers such as broker-dealers, custodians or banks. We provide information to other service providers such as attorneys, accountants, auditors, and outside vendors that assist us in printing and mailing account statements. These parties must agree to comply with stringent security and privacy policies and procedures. Their ability to protect the personal financial information of our clients is an important consideration in our relationship with them. With respect to investors in the MAI Funds, in addition to outside vendors, information may be shared with other investors in the MAI Funds in connection with closing documentation, financial statements or other reports or investor communications.
We may also disclose information to non-affiliated third parties or to government agencies and regulatory organizations as permitted or required by law.
What information do we disclose about former clients and to whom?
Yes. We treat any information we receive from prospects in the same manner.
10. CONTACT US
If there are any questions regarding this Privacy Notice or our collection, use, or disclosure of information, you may contact us using the information below:
MAI Capital Management, LLC