This Privacy Notice for California Residents supplements the information contained in Beacon Pointe’s Privacy Notice and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.
For purposes of this Notice, personal information does NOT include information that is exempted from the CCPA, such as personal information covered by other privacy laws including the Gramm-Leach-Bliley Act and the California Financial Information Privacy Act. Therefore, information we have obtained about you in order to provide financial products or services from us, or in order to service your account, is excluded from this Notice. For more information about how we collect, use and disclose this information, please refer to our Beacon Pointe Privacy Notice.
Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information“). It is important to note that the type of personal information we collect will depend on a consumer’s interaction with us, including the types of products or services requested/used. Personal information does NOT include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, 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), and the California Financial Information Privacy Act (FIPA).
We may have collected the following categories of personal information from consumers:
|A. Identifiers||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical description, address, telephone number, passport/driver’s license/state identification card number, education, employment information, bank account number, credit/debit card number, or any other financial, medical, or insurance information.
Some personal information included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex, gender, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information.||YES|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information.||YES|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||YES|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||YES|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||YES|
We may obtain the categories of personal information listed above from the following categories of sources:
- Directly from you or those acting on your behalf. For example, from forms you complete online or at events, when you request information, apply for employment or purchase products and services.
- Indirectly from you. For example, from information that is automatically collected from internet or other network activities regarding your interaction with our Website, applications and advertisements. Please see our Automatic Data Collection Notice for more information.
Use of Personal Information
We may use, or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment, facilitate delivery and prevent transactional fraud. We may also save your information to facilitate new product orders or process returns.
- To conduct our business, including providing our products and services, and, where necessary, in order to assist us in verifying your identity, and to provide, support, personalize, and develop our Website, products, and services.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users and/or consumers is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. In such event, we will notify you by updating this Notice.
Disclosures of Personal Information for a Business Purpose
WE DO NOT AND WILL NOT SELL YOUR PERSONAL INFORMATION. We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, Beacon Pointe may have disclosed the categories of personal information listed above for business purposes to the following categories of parties (excluding disclosures we may be prohibited from reporting under applicable law):
- Our affiliated and un-affiliated service providers to help conduct our business.
- Third parties to whom you direct or authorize us to disclose your personal information, independent of or in connection with products or services we provide to you.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion below), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we disclosed your personal information for a business purpose, identification of the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 866-272-1272.
- Emailing us at firstname.lastname@example.org.
Making a verifiable consumer request does not require you to create an account with us. However, for Beacon Pointe clients, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized agent, which may include: name, phone number, email and/or mailing address. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Please refer to the list of available data rights above.
Only you, or an authorized agent, may make a verifiable consumer request related to your personal information. An authorized agent is a person or business entity registered with the California Secretary of State that a consumer has legally authorized to act on their behalf. If you are an authorized agent and submit a data-rights request on behalf of a consumer, we may require that the consumer provide you with written authorization on their behalf and verify their own identity directly with us.
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. You may only make a verifiable consumer request for access or data portability twice within a 12-month period.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: deny you goods or services, charge you different prices or rates for goods or services (including through granting discounts or other benefits, or imposing penalties), provide you a different level or quality of goods or services, or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this Notice, the ways in which we collect and use your information described here or in the Beacon Pointe Privacy Notice or Automatic Data Collection Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Beacon Pointe Advisors, LLC
24 Corporate Plaza Dr. Suite 150
Newport Beach, CA 92660
Attn: Compliance Department