PRETIUM PARTNERS PRIVACY POLICY

Last Updated: December 2024

This Privacy Policy (“Privacy Policy” or “Policy”) explains how Pretium Partners and its investment advisory affiliates (“Pretium,” or “we,” or “us,” or “our”) collects personal information based on your interactions with us (the “Services”).  This Policy describes our practices with respect to the collection and use of personal information and describes rights you may have with respect to your personal information.  We have additional privacy disclosures at the end related to EU/UK and California law.

The term “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual and does not apply to other information that is excluded from privacy protections under applicable law.

Depending on who you are and the nature of your interaction with Pretium, some of the personal information we collect may be nonpublic personal information. For the purpose of European data protection laws, Pretium is the controller of your personal information.

By using this website and otherwise interacting with us, you agree to the terms of our Terms and Conditions of Use, including this Policy.

This Policy does not cover the personal information we collect about employees and independent contractors, or job applicants.  

Notice at Collection: Personal Information We Collect 

We collect the following categories of personal information about you, which may include nonpublic personal information:

• Personal identifiers: name, email address, home address, telephone number, account name and password, IP address, Social Security number (or equivalent government ID)
• Financial information: financial account information
• Protected class information: age, birthdate
• Internet or other electronic activity information: your device and browser type, your browsing and search history on our website, and information regarding your interaction with our website and our advertisements
• Professional information: job title, information about your employer
• Inferences drawn from personal information we collect
• Sensitive personal information: Social Security Number and criminal convictions and offences data where conducting background checks

Notice at Collection: Purposes for Collection of Personal Information

Subject to applicable data protection laws, you have a right to object to the processing of your personal information where that processing is carried out for our legitimate interests. 

Where we require your personal information to comply with a legal obligation or in light of a contract entered or to be entered into with you, and you do not provide this personal information when requested, we may not be able to comply with our legal obligations, provide you with the Services or perform the contract we have or are trying to enter into with you. In such cases, we may have to terminate our relationship with you. 

We do not sell your personal information except as defined under certain state privacy laws with respect to our use of cookies as described in this Policy.

Notice at Collection: Retention Periods

We retain the categories of personal information we collect for the length of time necessary to provide our Services and to comply with legal obligations or to protect our legal rights.  To determine the appropriate retention period, the amount, nature and sensitivity of the personal information are considered, together with the necessity and purposes of the processing (including, whether such purposes can be achieved through other means) and the potential risk of harm from unauthorized use or disclosure of the personal information. In exceptional cases (e.g., in pending litigation matters or where the law requires us to) your personal information may need to be kept for longer periods of time.

Sources From Which We Collect Personal Information

We collect personal information directly from our customers, website users, and representatives of entities with which we do business or may do business.

Use or Disclosure of Sensitive Personal Information 

We do not use or disclose sensitive personal information to create profiles about or infer characteristics about individuals, or for any purposes other than providing our Services.  

Disclosure of Personal Information For Business Purposes in the Past 12 Months

The following chart describes the categories of personal information we disclosed to third parties for a business purpose in the 12 months prior to the date of this Policy:

Business Purposes for Such Disclosures

We disclosed the aforementioned categories of personal information to the categories of third parties identified above for the following purposes: to manage customer, supplier and vendor accounts and relationships; process payments; verify customers’ identities; fulfill orders and transactions; engage in advertising and marketing; operate our IT systems and secure our systems; prevent fraud and other illegal activities; and to obtain professional advice about legal and accounting matters.    

Additional Information About How We May Disclose Personal Information and Purposes for Disclosures

We may also disclose your personal information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property or safety of others, including to law enforcement agencies, and judicial and regulatory authorities. We may also disclose your personal information to third parties to help detect and protect against fraud or data security vulnerabilities. And we may disclose or transfer your personal information to a third party in the event of an actual or potential sale, merger, reorganization of our entity or other restructuring.

Our Use of Cookies and Analytics

We may use cookies, pixel tags, web beacons and other similar tracking technologies (“tracking technologies”) to automatically collect information through our websites. Tracking technologies are small data files placed on your computer, tablet, mobile phone, or other devices that record certain pieces of information when you visit our websites. We may use these tracking technologies to help identify irregular behavior, prevent fraudulent activity and improve security, as well as making it possible for you to save your preferences and help us understand how you interact with our Services.  

We use analytics tools, including third-party tracking technologies such as Google Analytics to collect information and help us understand how visitors engage with our Sites. Google Analytics uses cookies and other identifiers to collect information, such as how often users visit a Site or Application, what pages they visit when they do so, and what other websites they visited prior to visiting a Site or Application. To learn more about Google Analytics, click here. To learn more about how Google uses data collected through partner websites or applications, click here. And, to learn about how data received through Google Analytics is treated by Google, refer to its privacy policy, here.

We also allow third parties (including Google) to use third party cookies, web beacons, and other storage technologies to collect or receive information about how you interact with our websites and elsewhere on the Internet and use that information to provide analytics and other measurements services, and to deliver and target advertisements tailored to you. Third parties may also use some of these technologies to assist us in determining if you require assistance or are having problems navigating on our websites, and this may include technologies that record your interactions with the website, including without limitation, your keystrokes, mouse clicks, screen touches, and information about when, how and from where you accessed our website.  

You may set your browser to notify you when you receive a cookie. Many web browsers also allow you to block cookies. You can disable cookies from your computer system by following the instructions on your browser or at www.youradchoices.com.

We use cookies to distinguish you from other users of our website. This helps us to ensure that you have an optimal experience when you browse our website and also allows us to improve our site. 

Cookies and Tracking Tools

We collect personal information about users over time and across different websites when you use our platforms. We also have third parties that collect personal information this way. To do this, we use several common tracking tools. These may include browser cookies. We may also use web beacons, flash cookies, and similar technologies. We use a variety of cookies, these may include:

• Strictly necessary cookies: These cookies are essential in order to enable you to move around the website and use its features, and ensuring the security of your online transactions with us and online access to our website. These cookies do not gather information about you for the purposes of marketing.
• Performance cookies: These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages.
• Third Party cookies: These cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features.
• Functionality cookies: These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign.
• Analytics and Research cookies: These cookies allow the website to learn which of its services are most often used. This helps us to determine what to improve, what to remove and what to leave the same.
• Authentication cookies: These cookies help the website determine if a user is logged in, and then deliver the right experience and features to that unique user.
• Security cookies: These cookies help the website to impose security measures. They also help detect unusual and suspicious activities.

You can manage cookies in your web browser settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you will not have access to many features that may make your browsing of our website smoother and some of our services may not function properly. Options you make are browser and device specific.

Personal Information of Minors

Our Service and website are not directed to minors under the age of 18 and we do not knowingly sell or share for purposes of behavioral advertising the personal information of minors, including minors under 16 years of age. 

Do Not Track and Similar Opt-Out Signals

We do not recognize the “DNT” (Do Not Track) signal.  We recognize the Global Privacy Control signal.  

Third Party Websites 

Our websites may contain links to third-party websites, including social media buttons that link to social media platforms. This Policy does not govern how those third parties or social media platforms collect or use personal information and we do not endorse or have control over their practices.  The privacy policies and terms of use for those third parties’ websites/apps or social media platforms govern those companies’ privacy practices. We are not responsible for the content or privacy practices of any third-party websites or platforms.

How We Keep Your Personal Information Secure

We implement and maintain reasonable security appropriate to the nature of the personal information that we collect, use, retain, transfer or otherwise process.  However, there is no perfect security, and reasonable security is a process that involves risk management rather than risk elimination.  While we are committed to maintaining a reasonable information security program, no such program can be perfect; in other words, all risk cannot reasonably be eliminated. Data security incidents and breaches can occur due to factors that cannot reasonably be prevented.  Accordingly, it cannot be assumed that the occurrence of any given incident or breach results from our failure to implement and maintain reasonable security.

Changes to This Policy

We will review and update this Policy from time to time.  If changes are made, we will update the Privacy Policy and reflect the date of such modification in the date above. If the changes are material, you will be notified via a prominent notice on our website.

Accessibility

To make accessibility-related requests or report barriers, please contact us at compliance@pretium.com. 

Contact Us

If there are any questions regarding this Privacy Policy or to request a copy of this Privacy Policy in another format you may contact us at compliance@pretium.com. 

Your EU/UK Privacy Rights

To see information regarding your individual rights as a resident of California, U.S., please see section “California Residents” below. The contents of this section are not applicable to you.

Depending on where you are located and/or the location of the Pretium entity you are interacting with, you have certain privacy rights with respect to your personal information, including as follows:

• Right of access to your personal information. You have a right to access your personal information we hold about you and receive details about the processing activities we carry out in relation to your personal information.
• Right to rectify/update your personal information. You have a right to request an update or correction to any of your personal information that is inaccurate or incorrect. We encourage you to update the personal information that you provide to us, such as providing us with a new mailing or e-mail address. This will help us continue to provide information to you that best meets your needs.
• Right to delete your personal information. You have a right to ask us to delete any personal information that we are holding about you in certain specific circumstances. 
• Right to restrict use of your personal information. You have a right to ask us to restrict the way that we process your personal information in certain specific circumstances. 
• Right to data portability. You have a right to ask us to provide your personal information to a third-party in a machine readable format. This right applies only where we use your personal information on the basis of your consent or performance of a contract, and where our use of your personal information is carried out by automated means.
• Right to object. You have a right to ask us to consider any valid objections you have to our use of your personal information where we process your personal information on the basis of our or another person’s legitimate interest, or where the processing of your personal information is for direct marketing purposes.
• Right to withdraw consent. You have the right to withdraw your consent, at any time, without hindrance or cost, to prevent further processing. Please note that withdrawing your consent does not affect the lawfulness of our processing of your personal information based on such consent before the withdrawal.

You may exercise these rights by contacting Pretium under the “Contact Us” section below. In order to protect your privacy we may take steps to verify your identity before fulfilling your request.

Subject to applicable data protection laws, if you believe that we are not processing your personal information in accordance with the requirements set forth in this Privacy Policy or applicable data privacy laws, you may have the right to lodge a complaint with a supervisory authority.

International Transfer of Personal Information

The personal information we collect may be transferred to and stored in countries or provinces outside of the jurisdiction you are in to locations where we and our third-party service providers have operations, including in the U.S.. Where required by applicable data protection laws, any transfer of personal information from the European Economic Area or the United Kingdom to recipients outside the EEA or UK e.g., the U.S. will be made in reliance on appropriate data transfer mechanisms such as, Standard Contractual Clauses or similar, Binding Corporate Rules, or otherwise in reliance on a derogation for the transfer (e.g., where the transfer is necessary for the defense of legal claims). 

You may contact us using the details below to obtain information regarding the safeguards we use to legitimize the cross-border transfer of personal information.

Your California Privacy Rights

The California Consumer Privacy Act (“CCPA”) and other laws grant California residents the following rights with respect to their personal information we collect and process about them:

Right To Know 

To request the following information from us with respect to their personal information we have collected since January 1, 2022:

• Specific pieces of personal information we have collected about you; 
• Categories of personal information we have collected about you; 
• Categories of sources from which such personal information was collected; 
• Categories of personal information that the business sold or disclosed for a business purpose about the consumer;
• Categories of third parties to whom the personal information was sold or disclosed for a business purpose; and 
• The business or commercial purpose for collecting or selling your personal information.

Right To Delete

The right to request deletion of the personal information we have collected from them, subject to exceptions under the law. 

Right to Correct

The right to ask that we correct inaccuracies in their personal information, taking into account the nature of personal data and purposes of processing such information.

Right to Opt Out of Sale/Sharing

The right to request that we stop selling their personal information or sharing it with third parties for the purpose of cross-context behavioral advertising.  

Opt-out Preference Signals

An opt-out preference signal is sent by a platform, technology, or mechanism on behalf of consumers and communicates a consumer’s choice to opt out of the sale and sharing of personal information for cross-context behavioral advertising with all businesses that recognize the signal, without having to make individualized requests.  The signal can be set on certain browsers or through opt-out plug-in tools.  

We recognize the Global Privacy Control signal and do so at the browser level.  This means that if the signal is sent through a specific browser, we will recognize it for that browser only, and only with respect to the identifiers for that browser.  If you would like more information about opt-out preference signals, including how to use them, the Global Privacy Control website has such information (https://globalprivacycontrol.org/). 

Right to Limit the Use of Sensitive Personal Information

We do not use or disclose sensitive personal information to create profiles about or infer characteristics about individuals, or for any purposes other than providing our Services.  

Our Commitment to Honoring Your Rights

If you exercise any of the rights explained in this Privacy Policy, we will continue to treat you fairly.  If you exercise your rights under this Privacy Policy, you will not be denied or charged different prices or rates for goods or services, or provided a different level or quality of goods or services than others.

Exercising Your Rights and How We Will Respond

To exercise your rights to know, delete or correct your personal information, or to ask a question, submit your request to compliance@pretium.com or contact us at 1-844-216-7683.  For such requests, we will first acknowledge receipt of your request within 10 business days of receipt of your request.  We will then provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although we may be allowed to take longer to process your request in certain jurisdictions or under certain circumstances.  If we expect your request is going to take us longer than normal to fulfill, we will let you know.

You can direct us not to sell your personal information or share it for purposes of cross-context behavioral advertising to compliance@pretium.com. For such requests, we will comply no later than 15 business days after receipt of your request.  

We usually act on requests and provide information free of charge, but we may charge a reasonable fee to cover our administrative costs of providing the information in certain situations.  In some cases, the law may allow us to refuse to act on certain requests.  When this is the case, we will endeavor to provide you with an explanation as to why.

Verification of Identity – Requests to Know, Delete or Correct 

We will ask you for two pieces of personal information and attempt to match those to information that we maintain about you.

If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request.  We will notify you to explain the basis of the denial.

Authorized Agents

You may designate an agent to submit requests on your behalf.  The agent can be a natural person or a business entity.

If you would like to designate an agent to act on your behalf, you and the agent will need to comply with our verification process: 

• Requests to Know, Delete or Correct Personal Information: If the agent submits a request, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the request on your behalf.  We will also require that you verify your identity directly with us or confirm with us that you provided the agent with permission to submit the request. 
• Requests to Opt Out: If the agent submits a request to opt out of the sale of your personal information or the sharing of your personal information for purposes of cross-context behavioral marketing, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the opt-out request on your behalf.  

Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney.  Any such requests will be processed in accordance with California law pertaining to powers of attorney.