This Privacy Notice for California Residents supplements the information provided in CAPTRUST’s Privacy Policy and applies exclusively to information collected by CapFinancial Partners, LLC and its affiliates, including but not limited to CapFinancial Securities, LLC, Member SIPC (collectively referred to herein as “CAPTRUST”), from individuals who reside in the State of California (“consumers” or “you”) which is subject to the California Consumer Privacy Act of 2018, as amended (“CCPA”).
Information We Collect
We may 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”). Personal information does not include:
Publicly available information, as defined by the CCPA, including information that is lawfully made available from government records, lawfully made available to the general public by a consumer or from widely distributed media, made available by a person to whom a consumer has disclosed the information without restricting the information to a specific audience.
Deidentified or aggregate consumer information.
Other information excluded from the CCPA’s scope, such as:
protected health information collected by a covered entity or business associate covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA);
personal information collected, processed or disclosed subject to the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA) or pursuant to the Driver’s Privacy Protection Act of 1994.
Categories of Personal Information We Collect
In particular, we have collected the following categories of personal information about our consumers and employees within the last twelve (12) months:
Category
Examples
Collected
A. Identifiers.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
YES
B. Personal information listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
YES
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status.
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, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, or other physical patterns, and sleep, health, or exercise data.
YES
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
YES
G. Geolocation data.
Physical location or movements.
YES
H. Sensory data.
Audio, electronic, visual, or similar information.
YES
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
L. Sensitive Personal Information
Certain government identifiers (such as SSN, driver’s license number, or passport number); account log-ins, financial accounts, debit or credit card numbers with any required security code, password, or credentials allowing access to an account; precise geolocation (sufficient to locate a consumer within an area equal to or less than the area of a circle with a radius of 1,850 feet); contents of mail, email, and text messages of which we are not the intended recipient; information concerning an individual’s health, sex life, or sexual orientation; or information about racial or ethnic origin, religious or philosophical beliefs, or union membership.
YES
Sources of Personal Information
We obtain the categories of personal information listed above from the following categories of sources:
Directly from you. For example, from forms you complete or products and services you purchase.
Indirectly from you. For example, from 3rd parties you authorize to provide us with information, or from your employer, when your employer is a client of ours.
From your device. For example, through digital tracking technologies such as internet cookies or web beacons.
Government databases.
From other third parties. For example, data brokers/resellers, social media companies, and other business partners.
Purpose for Collection and Disclosure of Personal Information
We may use or disclose the personal information we collect for one or more of the following purposes:
To fulfill the purpose for which you provided the information. For example, if you share your name and contact information to inquire about our services, or apply for employment or a scholarship, we will use that personal information to respond to your inquiry.
To provide, support, personalize, and develop our website, products, and services.
To determine your eligibility for employment and/or establish an employment relationship.
To create, maintain, customize, and secure your account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to research and address your concerns and monitor and improve our responses.
To personalize your website experience and to deliver content and product and service offerings relevant to your interests.
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.
The above purposes include the following business purposes:
Helping to ensure security and integrity.
Debugging to identify and repair errors.
Short-term, transient use.
Performing services on our behalf, such as maintaining or servicing accounts, providing customer service, or verifying your information.
Providing advertising and marketing services.
Undertaking internal research or other activities to verify, maintain, improve, upgrade, or enhance the quality or safety of our products and services.
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 and/or obtaining your consent in accordance with applicable law.
We may de-identify personal information about you or receive de-identified personal information about you, and we may use and disclose such information for any purpose in accordance with applicable law. We will maintain de-identified information in de-identified form, and will not re-identify such information, except in accordance with the requirements of applicable law.
Disclosing Personal Information
We may disclose your personal information to third parties for a specific business purpose. When we disclose personal information for this purpose, we enter into a contract with the recipient that clearly outlines the purpose, requires them to maintain the confidentiality of your personal information, and restricts the use of your personal information to only performing the contract.
We disclose each category of your personal information identified above to the following categories of third parties for the business purposes described in the Section titled “Purpose for Collection and Disclosure of Personal Information”:
Service providers.
Parent or subsidiary organization and other affiliates.
Corporate transaction partners, in connection with a proposed or actual corporate merger, acquisition, consolidation, sale of assets, bankruptcy, insolvency, or other corporate change.
Other parties (a) in connection with complying with, establishing, asserting, exercising, defending against, or enforcing any legal claims, rights, obligations, or processes, (b) to protect the health, safety, welfare, rights, or interests of you, us, any third party, or the general public, (c) as directed or requested by you, or (d) as otherwise required or permitted under applicable law.
Use and Disclosure of Sensitive Personal Information
We do not collect, use or disclose sensitive personal information for purposes of inferring characteristics about a consumer, therefore we do not offer a right for you to limit our use or disclosure of sensitive personal information.
Sales and Sharing of Personal Information
In the preceding twelve (12) months, CAPTRUST has not sold or shared any personal information for monetary or other valuable consideration or for cross-context behavioral advertising, including any personal information of consumers we know to be under sixteen (16) years of age.
Retention of Personal Information
We retain your personal information only for as long as necessary to fulfil the purposes for which it was collected, comply with legal and regulatory obligations, resolve disputes, enforce our agreements, and for other legitimate and lawful business purposes.
Personal Information of Individuals under 16 years old
Our website and services are not intended for children, and we do not knowingly collect, use or disclose information about children under the age of sixteen (16).
Your Rights and Choices
As a California resident, you may have one or more of the following rights under the CCPA:
The Right to Know:
You may have the right to request that we disclose the following information to you about our collection and use of your personal information:
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, selling, or sharing your personal information.
The categories of personal information we disclosed, sold, or shared, and the categories of third parties to whom we disclosed, sold, or shared your personal information by each category of personal information disclosed, sold, or shared.
The specific pieces of personal information we collected about you (also called a data portability request), in a readily useable format that allows the consumer to transmit this information from one entity to another entity without hindrance, if applicable.
Right to Correct:
You may have the right to correct inaccurate personal information we have collected about you.
Right to Delete:
You may have the right to request that we delete any of your personal information that we collected from you and retained; however, we may deny requests as permitted by the CCPA.
Exercising Your Rights:
To exercise any of the rights mentioned in this notice, please submit a verifiable consumer request to us by using one of the following methods:
Only you, or someone legally authorized to act on your behalf, may make a request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
To designate an authorized agent to make a request under the CCPA on your behalf, please provide written authorization for the agent, along with verification of your identity. The authorized agent can submit requests via email to legal@captrust.com. We reserve the right to deny a request if the agent does not submit sufficient proof of their authorization or if we are unable to verify your identity.
You may only make a verifiable consumer request for the right to know twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information subject to the request. Such information may include, but is not limited to, your name, phone number, date of birth, or last four digits of your Social Security Number to verify your identity.
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.
We will confirm receipt of your verifiable consumer request within ten (10) days and will provide a response within forty-five (45) days of its receipt. If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing.
We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide in our response to a right to know request will only cover the 12-month period preceding the verifiable consumer request’s receipt. You may request we provide personal information which we have collected beyond this 12 month period, as long as the information was collected on or after January 1st, 2022, and we are able to do so without disproportionate effort or expense. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
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.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights, including by:
Denying you goods or services.
Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Providing you a different level or quality of goods or services.
Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Retaliating against an employee, applicant for employment, or independent contractor for exercising their rights under this policy.
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 our website and update the notice’s effective date and, where appropriate, provide additional notice by sending you a notification. Your continued use of our website and services following the posting of changes will constitute your acknowledgement of the changes and your agreement to be bound by the updated terms.
Contact Information
If you have any questions or comments about this notice, how CAPTRUST collects and uses your information described in this Notice, including as your choices and rights regarding such use, please do not hesitate to contact us at: