When providing our Financial Services to United States residents, iCapital is considered a “financial institution” pursuant to the federal Gramm-Leach Bliley (GLB) Act, and in such circumstances iCapital shall collect, process, and retain personal information in accordance with the GLB Act and any and all implementing regulations thereto that are applicable to the Financial Services. If you are a customer of iCapital that receives Financial Services from iCapital residing in the United States, please see our Privacy Notice for U.S. Customers (Gramm-Leach Bliley Act) (the “Privacy Notice”) for more information about our privacy practices and your choices with respect to data governed by the GLB Act.
1. Scope and Key Terms
2. The Types and Categories of Personal Information We Collect
iCapital collects different types of personal information from you depending on the Services you use, how you use them, and the information you choose to provide us. We collect personal information: (i) when you provide it directly to us; (ii) automatically through technology when you use the Services; and (iii) from other sources.
You may choose to provide personal information to iCapital as you use the Services, such as when you register for an account, sign up for a subscription, or use our Financial Services. Although you can choose not to provide personal information to iCapital, in some cases this may result in our inability to provide you certain Services or complete a transaction you requested on behalf of yourself or your clients. Generally, we may collect the following types and categories of personal information directly from you in connection with the Services:
When you access our Site, we collect certain data automatically, using technical means and tools. This data relates to your device and your experience on our Site and other websites, including the following:
We collect personal information from third parties, such as publicly available databases, social networking providers, advertising companies, our service providers, our business partners, your financial advisors using the Services, and third-party references. Investment Professionals provide us personal information on their clients, investors, and similar individuals in connection with the Financial Services.
3. How We Use Your Personal Information
Generally, we use the personal information we collect about you in order to perform our Services, operate our Site, respond to your questions and concerns, comply with our legal obligations, and promote our business interests, including:
We may also aggregate and/or de-identify any information collected through our Services so that such information can no longer be linked to you or your device. We may use such information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, partners, and sponsors.
4. How We Disclose Your Personal Information
We may disclose your personal information with certain organizations and third parties in accordance with applicable law, including as set out below:
5. Social Media
Like many organizations, iCapital has a presence on various social media platforms (e.g., LinkedIn, Twitter). If you contact us on a social media platform using a direct message tool therein, we may respond to you in the same manner. Any use of a social media platform is also subject to the policies and terms of the relevant social media platform, and iCapital has no control over such platform’s use of your information. Certain social media platforms may also automatically provide us with personal information, and the information we receive will depend on the terms that govern your use of the social media platform and any applicable privacy settings. Our Site may include social media features and widgets (e.g., the “LinkedIn Like” button, the “Twitter Like” button, the “Retweet” button, the “Repost” button on LinkedIn) or interactive mini-programs that run on our Site. These features may collect IP addresses and which webpage you are accessing on our Site and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly by us on our Site.
6. Links to Other Websites; Your Direct Third-Party Disclosures
7. Data Retention
We keep your information for no longer than necessary for the purposes for which it is processed or as required by applicable law. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws. For example, we retain personal information derived from our Financial Services for a minimum period of seven (7) years from the date on which an investor withdrawals/redeems all of its shares or units in the relevant Financial Product or for as long as required to perform ancillary services related thereto, or to comply with applicable legal or regulatory obligations.
8. International Transfers
iCapital is headquartered in the United States, and the personal information that we collect and process is retained and stored by us and our service providers in the United States and may also be maintained, processed, and stored in other jurisdictions that may have different data protection laws than those in your country of residence. In the event that your information is transferred in these ways, please note that we comply with applicable legal requirements governing the transfer of information across borders, including through the use of standard contractual clauses as required by the EU and UK when transferring personal data outside the EEA or UK.
We use appropriate technical, security and organizational measures designed to protect the security of your personal information and your personal information from unauthorized access, use, or disclosure.
10. Children’s Privacy
The Services are intended for general audiences and not for children under the age of 16. If we become aware that we have inadvertently collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 16 without valid parental consent, we will take reasonable steps to delete it as soon as possible. We also do not knowingly process data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We will take the same approach in other jurisdictions if we become aware that we have collected personal information without an applicable required parental consent.
11. Marketing Communications
12. Additional Detail for California Residents
If you are a California resident, California law requires us to provide you with some additional information regarding how iCapital collects, uses, and discloses your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)). Please note the CCPA’s scope excludes personal information covered by certain financial services-specific privacy laws, including the GLB Act and California Financial Information Privacy Act (FIPA). Our separate Privacy Notice that is provided to investors applies to this excluded data.
Depending on how you interact with our Site and Services, we may collect the following categories of information from you, in addition to the information we collect in connection with providing financial products and services:
Data Privacy Rights. Pursuant to the CCPA, California residents have additional data privacy rights, including the following:
To exercise any of the CCPA’s data privacy rights set forth herein, please contact us in accordance with the “Contact Us” section listed below. If you would prefer, you may designate an authorized agent to submit a CCPA privacy request on your behalf. An authorized agent must be registered with the California Secretary of State to conduct business in California.
Privacy Request Verification Process. If you (or your authorized agent) make any request related to your personal information under the CCPA, iCapital will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. iCapital will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email or other means and match at least two or three pieces of personal information we have previously collected from you before granting you access to, or erasing, specific pieces or categories of personal information, or otherwise responding to your request. We may require written documentation that demonstrates a third party is authorized to serve as your agent for the purposes of submitting the requests set forth herein, unless you have provided the authorized agent with power of attorney pursuant to California Probate Code §§ 4121 to 4130. None of the CCPA’s rights are absolute, and they are subject to legal and regulatory exceptions and exemptions. For more information about the CCPA, please see https://oag.ca.gov/privacy/ccpa.
Opt-Out Rights / Do Not Sell or Share My Personal Information. California residents have the right to opt out of the sale of personal information or “sharing” of their personal information for cross-context behavioral advertising purposes. iCapital makes personal information available to non-service provider third parties only when individuals have affirmatively agreed to such disclosure (for example, where a visitor to our Site has opted in to our use of advertising cookies) or where the disclosure of personal information is otherwise exempt from the CCPA (such as disclosing information to secure the Services). As such, iCapital does not “sell” or “share” personal information within the meaning of the CCPA.
13. Nevada Privacy Rights
iCapital does not currently conduct “sales” of personal information for purposes of Nevada law. Notwithstanding the foregoing, Nevada residents may submit a request directing us to not sell personal information we maintain about them to third parties who will sell or license their information to others. If you would like to exercise this right, please contact us in accordance with the “Contact Us” section listed below. Please note we may take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
14. European Union (EU), Switzerland, and United Kingdom (UK)
If you are a data subject in the EU, Switzerland, or the UK, and you provide personal information directly to iCapital in your individual capacity (e.g., signing up for a blog), we are required to provide you additional information (set forth below) with respect to your data protection rights, including how you can file a complaint with regulatory authorities with respect to our data processing, and our legal basis for processing. If you are an independent data controller, or an employee of an independent data controller (e.g., Investment Professional), then we will collect and process your personal information in accordance with the Standard Contractual Clauses (Annex B) which are applicable between iCapital and the independent data controller.
Data Protection Rights. If you are a data subject located in the EU, Switzerland, or the UK, and you provide personal information directly to iCapital in your individual capacity, you have the following data protection rights:
To exercise any of these data privacy rights, please contact us, or have your designated agent contact us, in accordance with the “Contact Us” section listed below. To the extent permitted by law, we will need to verify your identity (or the identity of your agent) and ensure the authenticity of your request.
Legal Basis for Processing. If you are a data subject located in the EU, Switzerland, or the UK, and you provide personal information directly to iCapital in your individual capacity, we process your personal information in accordance with the legal bases set forth in law. For example, our processing of personal information (as described herein) is justified based on the following legal grounds:
iCapital does not engage in any activity that subjects our customers, our Site users, survey participants, or others to a decision based solely on automated processing, including profiling, which produces legal effects, or similarly significant results, impacting them.
Complaints. If you are a data subject located in the EU, Switzerland, or the UK, and you provide personal information directly to iCapital in your individual capacity, and you have a concern about our data processing, you have the right to file a complaint with your data protection authority. For data protection authorities in the EU, please see here: https://edpb.europa.eu/about-edpb/about-edpb/members_en. For the data protection authority in Switzerland, please contact the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html). For the data protection authority in the UK, please contact the Information Commissioner’s Office (www.ico.org.uk). We would, however, appreciate the opportunity to deal with your concerns before you approach a data protection authority with a complaint, and invite you to contact us in the first instance, in accordance with the “Contact Us” section listed below.
15. Other Privacy Rights
Individuals in Andorra, Argentina, Australia, Canada, Cayman Islands, Faroe Islands, Guernsey, Hong Kong, Israel, Isle of Man, Japan, Mexico, New Zealand, Singapore, South Korea, Uruguay, and certain other jurisdictions, and investors in our Cayman Islands Financial Products or Luxembourg Financial Products, may have certain data subject rights. These rights vary, but they may include the right to: (i) request access to and rectification or erasure of their personal data; (ii) restrict or object to the processing of their personal data; and (iii) obtain a copy of their personal data in a portable format. Individuals may also have the right to lodge a complaint about the processing of personal data with a data protection authority. To exercise any of these data privacy rights, please contact us, or have your designated agent contact us, in accordance with the “Contact Us” section listed below. We will consider your request and respond accordingly, based on the applicable regime that applies in your jurisdiction.
16. Do-Not-Track Signals
Some web browsers and devices may transmit “do-not-track” signals to the website with which they communicate. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. Unless otherwise required by law, we currently do not take action in response to these signals.
17. Persons with Disabilities
18. Changes to the Policy
19. Contact Us
(Gramm-Leach Bliley Act)
Choice and Rights. Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully.
Types of Personal Information. The personal information we collect and share depends on the product or service you have with us. For our Services, this information can include place and date of birth, passport number, tax information, bank account details, source of funds, and details related to your investment activities.
Reasons for Sharing Personal Information. We need to share personal information to run our everyday business, comply with the law, and promote our business interests. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information
Financial companies may share personal information for their everyday business purposes, such as to process your transactions, maintain your account, conduct portfolio analysis, respond to a legal order, or report to credit bureaus.
Financial companies may share personal information for their marketing purposes, such as to offer products and services to you.
Financial companies may share personal information to undertake joint marketing with other financial companies.
Financial companies may share personal information for their affiliates’ everyday business purposes – information about your transactions and experiences.
Financial companies may share personal information for their affiliates’ everyday business purposes – information about your creditworthiness.
Financial companies may share personal information for their affiliates and non-affiliates to market to you.
How you Can Limit the Sharing of youR personal information
If you have any questions about our information-sharing practices or data processing activities, please contact us at the following: (call) 212.994.7400; (email) email@example.com; (write) iCapital, ATTN: Privacy, 60 East 42nd Street, New York, NY 10165. If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing.
Who we are and HOW WE Protect Personal Information
This Privacy Notice applies to Institutional Capital Network, Inc., and our affiliates, including certain affiliates that are registered investment advisers and registered broker-dealers as detailed on our Site (collectively, “iCapital”). To protect your personal information from unauthorized access, we use security controls that comply with applicable law. These controls include commercially reasonable technical and organizational safeguards designed to protect customer information.
collectING personal information and Limiting Sharing
We collect your personal information when you engage or use our Site or Services, for example, when you: (i) register to use our Services, (ii) contact us for assistance or otherwise engage with us, or (iii) use or access our Site. Pursuant to applicable United States federal law, you have the right to limit the sharing of personal information in the following circumstances: when information about your creditworthiness is being shared with affiliates for their everyday business purposes, and when your personal information is being shared with affiliates and non-affiliates for their own marketing purposes. Other laws may furnish you additional rights to limit sharing of your personal information. See below for more information on your rights under certain state laws.
What happens when I limit sharing ON A JOINT account?
Your choices will apply to everyone on your account, unless you tell us otherwise.
Other Important Information