Introduction and Overview
Personal Information the Company Collects
PersonalInformation (“Personal Information”) generally means information that identifies you or is reasonably capable of being associated with or linked, directly or indirectly, with you. It does not include aggregate, de-identified, or anonymous information. We may collect Personal Information directly from you when you sign up for our mailing list or ask us a question, including, for example: your name, mailing address, telephone numbers, and email address. We or our service providers or contractors may also automatically or passively collect Personal Information, which we store in log files, when you access the website, including, for example: your Internet Protocol (IP)address, browser type, operating system, internet service provider (ISP), pages accessed, and prior and following sites that you view. We do this to improve the services we offer you and to improve site functionality.
DoNot Track. Because Do Not Track (“DNT”) and similar signals do not yet operate according to common, industry-accepted standards, our Services may not respond to DNT signals.
Why the Company Gathers Information
The Company gathers information about you in order to provide you with services that are appropriate for your particular situation and to ensure compliance with applicable laws and regulations. In addition, the Company may gather information to help expand the scope and improve the quality of services that the Company might offer to you now or in the future, to improve site functionality and to obtain information about site usage.
Use of Personal Information
We value the trust of our clients. TheCompany is careful to use Personal Information only as appropriate to provide clients with premium service while maintaining confidentiality and security. For example, the Company may use information collected to verify your personal identity and contact details. If the information you provide suggests that other services may be suitable and appropriate, the Company may offer additional services to you. We may disclose your Personal Information as required by law, such as, to comply with a subpoena, bankruptcy proceedings, or similar legal process, to enforce or apply our Website Access Agreement, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. We will retain personal data we process on behalf of our clients for as long as needed to provide services to them. The Company will retain this PersonalInformation as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Sharing Information with Affiliates, Partners, and Third-Party Service Providers
The use of your Personal Information is limited to the purposes identified in theCompany’s agreement with the affiliate, partner, or third-party service provider, although you may be asked to agree to additional terms including acknowledging additional privacy terms, as a condition of accepting the provision of services. An affiliate is a company that SAM owns or controls or is under common control with SAM. The Company does not share information with affiliates other than the type of information described above. A partner or third-party service provider isa firm contracted by the Company to support certain functions of the business, such as transaction posting, information dissemination, internet marketing, account processing, research, due diligence, reporting, information technology support, transfer agency, escrow, or custodial services. Use of any shared information is strictly limited to the provision of the contracted service, and all partners and third-party service providers with whom Personal Information is shared are required to protect such information in a manner similar to the way we protect such information, including restricting its dissemination except as necessary to provide the contracted service.
Steps Taken to Safeguard Clients’ Personal Information
TheCompany and its service providers utilize a broad array of security software, systems, and operational procedures to ensure the confidentiality, integrity, and security of your Personal Information. While no security system is flawless, the Company is regularly reviewing and upgrading the security technology and procedures that safeguard your PersonalInformation. However, we cannot guarantee security, nor can we guarantee that your communications and information will not be intercepted while being transmitted over our underlying carrier’s network or the Internet.
Reviewing, Changing, Deleting or Correcting Information
Information from Children
Our Services are not directed toward children and we do not knowingly collectPersonal Information from children under the age of 13. If you are a minor, please do not provide us any Personal Information or use or access the Services without receiving your parent’s or guardian’s permission. If we learn that we have collected any Personal Information from a child under the age of 13, we will take steps to delete the information as soon as possible. If you believe that we might have anyPersonal Information from a child under 13, please contact us.
California Civil Code Section 1798.83
Under California’s “Shine the Light” law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of Personal Information, such as name, e-mail, mailing address, and type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties. SAM does not share Personal Information to third parties for direct marketing purposes. If you have any questions regarding this, please contact us at send an email to firstname.lastname@example.org.
Appendix A - Website Access Agreement
August 24, 2018
Access to the Website (defined below) is provided by Strategic Asset Management I,LLC. Your use of this website, including websites, content, products, software and services (referred to collectively as the “Website” in this document and excluding any services provided to you under any separate written agreement) is subject to the terms of a legal agreement (referred to as the “Website AccessAgreement”) between you and Strategic Asset Management I, LLC, a Delaware limited liability company (referred to as the “Company”). This document sets out the terms of the Website Access Agreement.
1. Terms Related to Your Use of the Website
Unless otherwise agreed in writing, your agreement with the Company will always include, at a minimum, the terms and conditions set out in this document. Your agreement also will include the terms of any legal notices applicable to the Website, in addition to the Terms outlined herein. Any such legal notices will be accessible for you to read either within, or through your use of, the Website. ThisWebsite Access Agreement, together with the additional legal notices, form a legally binding agreement between you and the Company in relation to your use of the Website. It is important that you take the time to read all of the documents carefully. Collectively, this legal agreement is referred to herein as the “Terms.” If there is any contradiction between what the legal notices say and what theWebsite Access Agreement says, then the legal notices shall take precedence in relation to that part of the Website.
2. Accepting the Terms
In order to use the Website, you must first agree to these Terms. You may not use the Website if you do not accept the Terms and you must discontinue the use of the Website if you do not continue to accept the Terms. You accept the Terms by actually using the Website. You understand and agree that your first use of theWebsite will be treated as acceptance of the Terms from that point forward. You may not use the Website and may not accept the Terms if you are not of legal age to form a binding contract with the Company, or if you are a person barred from receiving access to the Website under the laws of the United States or other countries including the country in which you are resident or from which you use the Website, or if you have been denied the use of the Website. You are encouraged to save a local copy of this Website Access Agreement and the additional legal notices for your records.
3. Provision of the Website
You acknowledge and agree that affiliates of the Company, including subsidiaries, parent companies, companies under common control with the Company, and / or companies with whom the Company has contracted, may provide the Website to you, that the form and substance of the Website provided to you may change from time to time without prior notice to you, and that the Company may stop (permanently or temporarily) providing the Website (or any features within the Website) to users generally or you specifically at the Company’s sole discretion, without prior notice. You acknowledge and agree that if the Company disables access to your Website account, you may be prevented from accessing the Website, your account details or any files or other content that is contained in your account. There is no service-level agreement (an “SLA”) with the Website. You acknowledge and agree that the Website may not be available from time to time due to maintenance or service or network disruptions, and by your use of the Website you agree to hold harmless the Company for any such service interruptions.
4. Use of the Website by You
In order to access the Website, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Website, or as part of your continued use of theWebsite. You agree that any registration information you provide will always be accurate, correct and up to date. You agree to use the Website only for purposes that are permitted by (a) the Terms and (b) any applicable law or regulation in the relevant jurisdiction (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by the Company unless you have been specifically allowed to do so in a separate agreement with the Company. You specifically agree not to access (or attempt to access) any element of theWebsite through any automated means (including use of scripts or web crawlers)and shall ensure that you comply with the instructions set out in any robots.txt file present in the root directory of the Website. You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks that host the Website or that are connected with any elements thereof). Unless you have been specifically permitted to do so in a separate agreement with the Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any of the elements or content of the Website for any purpose. You agree that you are solely responsible for (and that the Company has no responsibility to you or to any third-party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage that the Company may suffer) of any such breach.
5. Your Passwords and Account Security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access theWebsite. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify theCompany promptly.
6. Privacy and Your Personal Information
7. Content in the Website
You understand that all information (such as data files, written text, publications, images) that you may have access to as part of, or through your use of, the Website are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.” You should be aware that Content presented to you as part of the Website may be protected by intellectual property rights that are owned by providers of thatContent (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on thisContent (either in whole or in part) unless you have been specifically told that you may do so by the Company or by the owners of that Content, in a separate agreement. You agree that you are solely responsible for (and that the Company has no responsibility for) any Content that you create, transmit or display while using the Website and for the consequences of your actions (including any loss or damage that the Company may suffer) by doing so. By providing any Content on the Website, you grant the Company and its affiliates and service providers, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third-parties any such material for any purpose.
8. The Company’s Rights
You recognize and agree that the Company or its licensors own certain legal right, title and interest in and to the Website, including any intellectual property rights that subsist in the Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Website may contain information that is designated confidential by the Company or its licensors and that you shall not disclose such information without the Company’s prior written consent. Unless you have agreed otherwise in writing with the Company, nothing in the Terms gives you a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Other than the limited license set forth inSection 7, the Company acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Website, including any intellectual property rights that subsist in that Content(whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing, you agree that you are responsible for protecting and enforcing those rights and that theCompany has no obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Website. Unless you have been expressly authorized to do so in writing, you agree that in using theWebsite, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. Your License to Use the Website
The Company gives you a personal, worldwide, non-assignable and non-exclusive license to use the Website provided to you by the Company and its licensors for its intended use only. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website, in the manner permitted by the Terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by the Company, in writing. Unless the Company has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Website, grant a security interest in or over your rights to use the Website, or otherwise transfer any part of your rights to use the Website. Certain software utilized by the Company may be licensed by the Company under the GNUGeneral Public License or other public licenses. Nothing in this provision shall be construed as abrogating any rights of anyone to use software that has been used by the Company under such public license.
10. Software Updates
TheCompany may offer proprietary software in conjunction with the Website, and it is possible that such software may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Website and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates(and permit the Company or its designee to deliver these to you) as part of your use of the Website.
11. Terminating Your Use of the Website
The Terms will continue to apply until terminated by either you or the Company asset out below. If you want to terminate your legal agreement to use theWebsite, you may do so by notifying the Company in writing. The Company may at any time, terminate its legal agreement with you if: you have breached any provision of the Terms (or have acted in a manner that clearly shows that you do not intend, or are unable, to comply with the provisions of the Terms);theCompany is required to do so by law (for example, where the provision of theWebsite to you is, or becomes, unlawful); any partner or affiliate with whom the Company offered the Website to you has terminated its relationship with the Company or ceased to offer elements of theWebsite to you; or the provision of the Website to you by the Company is, in the Company’s sole opinion, no longer commercially viable. Nothing in this Section shall affect the Company’s rights regarding provision of theWebsite under Section 4 of the Terms. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over the duration of the contract) or which are expressed to continue indefinitely, shall not be affected by this cessation, and the provisions of Section 16 shall continue to apply to such rights, obligation sand liabilities indefinitely.
12. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING THIS SECTION 12 AND SECTION 13, SHALL EXCLUDE OR LIMIT THE COMPANY’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE COMPANY’S LIABILITY WILLBE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU RUSE OF THE Website IS AT YOUR SOLE RISK AND THAT THE Website IS PROVIDED “ASIS” AND “AS AVAILABLE.” IN PARTICULAR,THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: YOU RUSE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; YOU RUSE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE Website WILL BE ACCURATE OR RELIABLE; OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OFTHE Website WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ATYOUR OWN DISCRETION AND RISK. YOU WILLBE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE ORLOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE Website SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN SECTION 12 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOTBE LIABLE TO YOU FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (THIS SHALL INCLUDE, BUT NOT BE LIMITED TO,ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS), OR (B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: ANY CHANGES THAT THE COMPANY MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN IT); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE; YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON THE COMPANY’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14. Other Content
The Website may include hyperlinks and embedded frames linked to other websites, content and resources. The Company may have no control over any websites, content or resources that are provided by companies or persons other than theCompany. You acknowledge and agree that the Company is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that the Company is not liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
15. Changes to the Terms
The Company may make changes to these Terms from time to time. When these changes are made, any new or revised Terms will be made available to you from within, or through, the Website. You understand and agree that if you use the Website after the date on which the Terms have changed, the Company will treat your use as acceptance of the updated Terms. Notwithstanding the foregoing, if there are material changes to theTerms, the Company will obtain your consent prior to your use of the Website under the new Terms.
16. General Legal Terms