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PROEQUITY ASSET MANAGEMENT CORPORATE PRIVACY POLICY AND NOTICE OF COLLECTION OF PERSONAL INFORMATION FOR CALIFORNIA RESIDENTS

This Privacy Policy and Notice of Collection of Information for California Residents (“Privacy Policy” or “Notice”) supplements the information contained in ProEquity’s Terms of Use, Cookies & Tracking Policy, and Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.
Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”), from some of its requirements. An example of B2B personal information is information that you provided to a business that provides your information to ProEquity for the purpose of receiving legal services in a matter to which your information is pertinent.

 

 

INFORMATION WE COLLECT

Through its Website (proequityam.com) and landing pages and through the regular activities associated with the conduct of our business, ProEquity collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”).

Personal information does not include:

-Publicly available information from government records.
-Deidentified or aggregated consumer information.

  • -Information excluded from the CCPA’s scope, like health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

ProEquity obtains the categories of personal information listed above from the following categories of sources:

  • -Directly from you. For example, from forms you complete or services you engage us to provide.
  • -Indirectly from you. For example, from observing your actions on our Website or social media platforms and via cookies that document your actions including search terms used, page clicks, time spent on pages, or other automatically collected metadata. As noted earlier, the CCPA has temporarily exempted this latter category of B2B personal information from some of its requirements, as further identified below.
  • -From persons who have lawfully obtained your information and provided it to us for the purposes of receiving legal services, for example, information contained in the business records of our client, to whom you provided your information in transacting business, and your information has been provided to us by the client to obtain legal services in a matter to which your information is pertinent. This category of information also may be temporarily exempted from some of the CCPA requirements as B2B personal information or as information that we handle solely as a service provider to the person who obtained your information.
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USE OF PERSONAL INFORMATION

ProEquity may use or disclose the personal information we collect for one or more of the following purposes:

  • -To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our services, we will use that personal information to respond to your inquiry. If you provide your personal information to engage us to perform services, we will use that information to facilitate delivery of our services and to collect payment for our services. We may also save your information to facilitate provision of further services.
  • -To provide services to our clients, in matters to which your information is pertinent.
  • -To provide, support, personalize, and develop our Website and services.
  • -To create, maintain, customize, and secure your files and records with us.
  • -To process your requests and prevent transactional fraud.
  • -To provide you with support and to respond to your inquiries.
  • -To personalize your Website experience and to deliver content and service offerings relevant to your interests, including via email.
  • -To help maintain the safety, security, and integrity of our Website, databases and other technology assets.
  • -For testing, research, analysis, and development, including to develop and improve our Website and services.
  • -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 ProEquity’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by ProEquity about consumers is among the assets transferred.

ProEquity 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.

 

 

SHARING PERSONAL INFORMATION

ProEquity may disclose your personal information to a third party for a business purpose. Except for information disclosed to a third party in the course of providing legal services to a client, when we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except the purpose for which the information was disclosed.
We may share your personal information with the following categories of third parties:

  • -Service providers, including Internet service providers and data analytics providers
  • -Companies engaged in joint business activities with ProEquity

ProEquity also may disclose your personal information to a third party in the course of providing leasing services to a client in a matter to which your information is pertinent. Examples may include disclosure in a document filed in a court or government agency with jurisdiction over a lawsuit or regulatory matter, or disclosure through opposing counsel to the other parties to a lawsuit or business transaction. When we disclose personal information in the course of providing legal services, we seek to apply protections of confidentiality or privacy that are reasonably available in the circumstances.

Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, ProEquity has disclosed the following categories of personal information for a business purpose, including providing legal services to clients:

  • -Category A: Identifiers.
  • -Category B: California Customer Records personal information categories.
  • -Category C: Protected Classification Characteristics under California or federal law.
  • -Category D: Commercial Information
  • -Category F: Internet or other similar network activity.
  • -Category G: Geolocation data.
  • -Category I: Professional or employment-related information.
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We disclose your personal information for a business purpose to the following categories of third parties:

  • -Service providers.
  • -Companies engaged in joint business activities with ProEquity.
  • -Courts, arbitration tribunals, and federal and state agencies with jurisdiction over lawsuits or regulatory matters to which your information is pertinent.
  • -Other parties to disputes or business transactions in which we represent a client and your information is pertinent.

-Sales of Personal Information

ProEquity does not and will not sell personal information of natural persons who are California residents regardless of the age of the person.

 

 

YOUR RIGHTS AND CHOICES

The CCPA provides consumers (natural persons who are California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights
You have the right to request that ProEquity disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you any of the following items you have requested about the 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 or selling that personal information.
  • -The categories of third parties with whom we share that personal information.
  • -The specific pieces of personal information we collected about you (also called a data portability request).
  • -If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not provide these access and data portability rights for B2B personal information.

 

Deletion Request Rights
You have the right to request that ProEquity delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. 1. Complete the transaction for which we collected the personal information, provide a service that you requested or that was requested by a client to whom you provided the information or who otherwise lawfully obtained the information, take actions reasonably anticipated within the context of our ongoing business relationship with you or with a client to whom you provided the information or who otherwise lawfully obtained the information, or otherwise perform the services for which you engaged us or we were engaged by a client to whom you provided the information or who otherwise lawfully obtained the information.
  2. 2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. 3. Debug products to identify and repair errors that impair existing intended functionality.
  4. 4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. 5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. 6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. 7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. 8. Comply with a legal obligation.
 
 

MAKE OTHER INTERNAL AND LAWFUL USES OF THAT INFORMATION THAT ARE COMPATIBLE WITH THE CONTEXT IN WHICH YOU PROVIDED IT TO US OR TO A CLIENT.

We do not provide these deletion rights for B2B personal information.

Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

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  • Calling us at (866) 647-8844
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  • Mailing us at

ProEquity Asset Management

Marketing
4980 Hillsdale Circle, Suite A
El Dorado Hills, California, 95762

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

When you authorize an agent to make a verified request on your behalf, we will require the agent to provide written permission from you to make the request and will directly confirm the agent’s own identity. A valid power of attorney under California’s Probate Code serves as both written permission from you to make the request and confirmation of the agent’s identity.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

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  • -Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • -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.

 

All requests for information about categories of information or specific information we have collected about existing client contacts and all requests to delete information from existing client contacts will be referred to the ProEquity lawyer who manages the client relationship who will arrange for you to be contacted directly using our contact information on file for verification of the request and who will require additional confirmation from you that matches information we already hold to ensure the validity of the request.

 

 

For non-clients, requests to know what categories of information we have collected about you or to delete non-sensitive information with a low risk of harm will require you to provide information that matches two data points that match information we already hold. The information you will be required to provide will vary based on the manner in which you make your request and the information we have in our records. For instance, for a telephone request coming from a phone number already in our records, we might request that you follow up with an email request from an email account already in our records.

 

 

For non-clients, requests for disclosure of any specific pieces of personal information we hold or for deletion of sensitive information with a high risk of harm will require matching at least three pieces of personal information provided by you with information ProEquity already holds, which will vary based on the information we already have in our records, and signature of a declaration under penalty of perjury stating that you are the consumer whose personal information is the subject of the request.

 

 

We will not provide you with specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information, our work for you, or the security of ProEquity’s systems or networks. We will not at any time disclose a consumer’s Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answers.

 

All requests for deletion will require you to first clearly submit a request to delete and then separately confirm that you would like us to delete your personal information.

 

 

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. If we cannot verify your identity using information already maintained by ProEquity, we may request additional information from you, which we will use only for purposes of verifying your identity and for security or fraud prevention purposes.

 

Response Timing and Format

Upon receipt of a verifiable consumer request we will confirm receipt of your request in writing within ten (10) days and provide information on how we will process your request including a description of our verification process and an expected response time frame. 

 

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 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 will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

 

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. Unless permitted by the CCPA, we will not:

  • -Deny you services.
  • -Charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of services.
  • -Suggest that you may receive a different price or rate for services or a different level or quality of services.
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However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We do not presently offer any such incentives.

 

 

 

OTHER CALIFORNIA PRIVACY RIGHTS

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not presently engage in such activities. To make such a request, please send an email to marketing@proequityam.com or write us at: ProEquity Asset Management, Marketing Department, 4980 Hillsdale Circle, Suite A, El Dorado Hills, California, 95762.

 

 

 

CHANGES TO OUR PRIVACY NOTICE

ProEquity reserves 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 the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

 

 

 

CONTACT INFORMATION

If you have any questions or comments about this notice, the ways in which ProEquity collects and uses your information described above and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Postal Address:
ProEquity Asset Management
4980 Hillsdale Circle, Suite A El Dorado Hills, California, 95762