California Privacy Disclosures

eMONEY ADVISOR, LLC PRIVACY POLICY ADDITIONAL CALIFORNIA PRIVACY DISCLOSURES

Last Updated: April 20 2023

These Additional California Privacy Disclosures (“CA Disclosures”) are provided pursuant to our obligations under the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act of 2020 (“CPRA”), and supplement the information contained in the eMoney Privacy Policy.

These Disclosures apply solely to our processing of personal information of individual California residents within the scope of CCPA. Any terms defined within the CCPA have the same meaning when utilizing within this CA Disclosures. The other provisions of the Policy continue to apply except as modified in these CA Disclosures.

These CA Disclosures do not apply to:

• Personal information covered by certain privacy laws, including the Fair Credit Reporting Act (“FRCA”), GLBA, the California Financial Information Privacy Act (“FIPA”), or the Driver’s Privacy Protection Act of 1994, which includes Aggregated Customer Information and related financial planning data.
• Publicly available information that is lawfully made available from federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media, or by the consumer; or information made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience.
• De-identified or Aggregated Consumer

eMoney and the CCPA

The majority of personal information that eMoney collects or maintains, including as a service provider to financial institutions, is covered by one or more of the exemptions described below (“CCPA Exemptions”). As a result, in most cases, eMoney may deny CCPA requests because the personal information at issue is subject to an exemption. For example, your CCPA request may be denied if:

• If your relationship and interactions with eMoney consist solely of personal financial services (e.g., your advisor provides you financial planning through a comprehensive look at your aggregated accounts with financial institutions), the personal information collected and processed about you is subject to the GLBA and therefore your CCPA request will be denied.
• If you participate in a workplace retirement plan, or other employee benefit plan sponsored by or provided through your employer, and that is serviced or administered by a company using eMoney’s services, your CCPA request should be directed to your employer.

Collection, Disclosure, and Sale/Share of Personal Information

You can find a list of the categories of personal information that we collect in the “Our Collection of Personal Information” section above. For details regarding the sources from which we obtain personal information, please see the “ Our Collection of Personal Information” section above. We collect and use personal information for the business or commercial purposes described in the “Our Use of Personal Information” section above.

In the last 12 months, we have collected and disclosed the following categories of personal information for a business purpose:

Retention of Personal Information

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information (which includes the charts above) for as long as necessary to fulfill the purposes we collected it for, as required to satisfy any legal, obligations, or as necessary to resolve disputes. To determine the appropriate retention period for your personal information, we consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes we process your personal information for, and whether we can achieve those purposes through other means. For certain types of personal information, we will only maintain it for a limited duration. For example, for the Sensory Data we collect, we retain customer care call recordings for one (1) year.

Selling and Sharing of Personal Information

eMoney does not sell your Personal Information in exchange for monetary compensation. However, we are disclosing a very limited category of your Personal Information (see below) by allowing certain third parties to collect Personal Information via automated technologies on our websites for cross-context behavioral advertising purposes or other advertising, marketing, or analytics purposes only. Under California law, these kinds of disclosures may be considered a “sale” when the Personal Information is exchanged for valuable consideration, which may include the betterment of our products and services, or “sharing” when the Personal Information is disclosed for cross-context behavioral advertising purposes. For more information about the “sale” and “share” of Personal Information through the use of cookies and tracking technologies related to advertising and marketing purposes, including how to control your privacy settings, please read our Cookie Policy. For clarity, eMoney does not sell Personal Information or Sensitive Personal Information for money nor does eMoney discloses Aggregated Client Information (defined as Client information gathered from various sources, such as financial institutions and financial accounts, to be consolidated into the eMoney Wealth Management System and/or the Mobile App) for cross-context behavioral advertising. However, under California law’s definition, we sell or share for cross-context behavioral advising purposes only the following categories of Personal Information about you to the following categories of third parties:

• Basic Identifiers: sold and shared with advertisers and marketing partners, data analytics providers and social media networks for advertising purposes via website cookies and tracking technologies.
• Commercial Information (e.g. purchase information, feedback information): sold and shared with advertisers and marketing partners, data analytics providers and social media networks for advertising purposes via website cookies and tracking technologies.
• Device Information and Other Unique Identifiers (e.g., IP address, browser type, clickstream data) and cookies and related technology data (e.g., your usage and activity on our Sites or Services): sold and shared with advertisers and marketing partners, data analytics providers and social media networks for advertising purposes via website cookies and tracking technologies.
• Geolocation Data (e.g. general geographic location based on your IP address or more precise location when accessing our Sites or Services through a mobile device) sold and shared with advertisers and marketing partners, data analytics providers and social media networks for advertising purposes via website cookies and tracking technologies.

Sources of Personal Information

As described in the Our Collection of Personal Information section of our Privacy Policy, we collect personal information directly from you when you provide it to us, automatically when you visit our Sites and use our Services, from publicly available sources, and from service providers and other parties, including business partners, advisors, and financial institutions.

Purposes for Collecting Personal Information

We collect personal information about you for the purposes described in the Our Use of Personal Information section of our Privacy Policy. For representatives of our clients, vendors, service providers and other parties, we also collect your personal information to maintain an ongoing relationship between us and the entity you represent and to contact you in connection with our relationship with the entity you represent.

Recipients of Personal Information

As described in the Our Use of Personal Information section under the subtitle “Disclosures of Personal Information” of our Privacy Policy, we disclose personal information with a variety of parties. For representatives of our clients, vendors, service providers and other parties, we also disclose your personal information with the entity you represent.

Your Privacy Rights

Subject to certain limitations, California residents have the right to request access to (also referred to as the “right to know”) the categories and specific pieces of personal information we collect, use, and disclose; the right to request deletion of their personal information; the right to correction of their personal information; the right to opt out of any selling or sharing of personal information that may be occurring; the right to limit use and disclosure of their sensitive information; and the right to non-discrimination.

Right to Know

You have the right to request:

• The categories of personal information we have collected about you, including:
  • The categories of sources from which the personal information was collected
  • Our business or commercial purposes for collecting, selling, or sharing personal information
  • The categories of third parties to which we disclose personal information
  • The categories of personal information that we sold, and for each category identified, the categories of third parties to which we sold that particular category of personal information
  • The categories of personal information that we disclosed for a business purpose, and for each category identified, the categories of third parties to which we disclosed that particular category of PI
• The specific pieces of personal information we have collected about you.

Right to Delete

You have the right to request the deletion or erasure of personal information we have collected about you. Following receipt of a verifiable request to delete, we will let you know what, if any, personal information we can delete from our records. We will also notify our service providers and contractors, and any third parties to which we transferred your information about your request to delete. If we cannot delete all of your personal information, we will let you know why.

Right to Correct

You have the right to request the correction of personal information we have collected about you. Upon receipt of a verifiable request to correct inaccurate personal information, we will take into account the nature of the personal information and the purposes for which we process it. We may require documentation from you in order to process your request where we have reliable documentation showing the accuracy of the information.

Right to Opt-Out

You have the right to direct us to not sell your personal information to third parties or share your personal information for cross-context behavioral advertising.

Some of the ways we use cookies for advertising and marketing are considered a “sale” or “sharing” under the CCPA. We provide California residents who use our Services a way to manage their cookie preferences based on categories of cookies. For more information about cookies and related technologies, including on how to control your privacy settings, please read our Cookie Policy here.

You can also opt-out of being tracked by these third parties by clicking “Do Not Sell My Personal Information” link at the bottom of our website and selecting your preferences, or by broadcasting the global privacy control (“GPC”) signal. Please note GPC signals are browser dependent and some browsers may not accept GPC signals unless a browser extension is used; please refer to your browser requirements to ensure you are transmitting the GPC signal accurately. Please note that your use of our website may still be tracked by eMoney and/or our service providers when necessary, such as to provide the website or security purposes.

We do not knowingly sell the personal information of consumers under 16 years of age.

Right to Limit

You have the right to direct us to limit the use and disclosure of your sensitive personal information.  You may direct us to limit the use and disclosure of your Sensitive PI to uses/disclosures that are reasonably necessary to provide our goods and services, or as needed: to ensure security and integrity; to prevent fraud or illegal activity; for physical safety; for short-term, transient use, including for non-personalized advertising; to perform services on behalf of the business; and to verify or maintain the quality or safety of a service or device owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance such services or devices. To limit our use of your Sensitive PI, please click here.

Right to Non-Discrimination

You have the right to be free from discrimination for exercising any of the rights described above. The right to non-discrimination does not prohibit us from offering you certain financial incentives that may result in different prices, rates or quality levels of products or services. In addition, please note that if the exercise of the rights described above limits our ability to process personal information (such as in the case of a deletion request), we may not be able to provide access to certain of our products and services to individuals who exercise these rights, or to otherwise engage with such individuals going forward.

How to Submit a Request

To Exercise Your Right to Know, Delete, or Correct as a California Resident, please submit a request by:

• Calling 1-888-362-8482, select Option 1 for Customer Support and then select Option 9 to speak with a client services representative trained to address your request.
• Email us at privacy@emoneyadvisor.com.

We will need to verify your identity before processing your request. To verify your identity, we will generally either require the successful login to your account or the matching of sufficient information you provide us to the information we maintain about you in our systems. Although we try to limit the personal information collected in connection with a request to exercise the right to know and/or the right to deletion, certain requests may require us to obtain additional personal information from you. In certain circumstances, we may decline a request to exercise the right to know, right to deletion, and/or right to correct, particularly where we are unable to verify your identity.

You may designate an authorized agent to submit a request to know, delete, correct, request to opt-out of sale/share, and request to limit use of sensitive personal information on your behalf. To do so, you must: (1) provide that authorized agent written and signed permission to submit such request; or (2) verify your own identity directly with us. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.

If you have been designated as an authorized agent to submit a request on behalf of another consumer, you must (1) download and complete this Authorized Agent Designation Form found here and have it signed by the consumer, and (2) attach the signed form when you submit a request to us at privacy@emoneyadvisor.com.

California “Shine the Light” Law

California residents that have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code § 1798.83). We may disclose Personal Information to affiliates, which may use this information for all purposes outlined in our Privacy Policy. Because separate legal entities are considered “third parties” for purposes of California Civil Code Section 1798.83, and certain communications from our affiliates might be viewed as promoting their financial services, we are providing the following information for California residents who have provided us with their personal information during the creation of or during the course of an established services relationship that is primarily for personal, family, or household purposes (“Individual California Users”). Individual California Users must submit their requests to us either by email at privacy@emoneyadvisor.com or by mail at the address listed in the How to Contact Us section of the Privacy Policy and specify that you want a copy of your “Shine the Light” California Privacy Rights Policy.

We will provide a list of the categories of Personal Information disclosed to third parties (i.e., our affiliates) for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email or mailing addresses specified in this section.

Changes to These CA Disclosures

We will update these CA Disclosures from time to time. When we make changes to these CA Disclosures, we will change the date at the beginning of these CA Disclosures to include the “Last Updated” date. If we make material changes to these CA Disclosures, we will notify you by email to your registered email address, by prominent posting on our Sites or Services (such as by placing a conspicuous announcement of the new CA Disclosures on the Sites or by presenting you with a web page containing an electronic copy of the new CA Disclosures), or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification. Your only remedy, if you do not accept the terms of these CA Disclosures.