1. DATA POLICIES
2. CORRESPONDENCE, STORAGE & PROTECTION
3. MISCELLANEOUS TERMS & DEFINITIONS
4. CONTACT INFORMATION
WealthMetrx Inc., a Delaware corporation, (“WealthMetrx”) respects your privacy. Therefore, WealthMetrx will never sell your Personal Data to anyone, subject to clause (d) below in “Transfer of Collected Data.”
This policy covers WealthMetrx’s protection, transfer and use of your information collected by WealthMetrx in the ordinary course of WealthMetrx’s business. In the ordinary course of its business, WealthMetrx offers to clients, among other things, data analytics and other related services (the “Services”). This policy is available to you at www.wealthmetrx.com, a website made available by WealthMetrx, (the “Site”), at the time you enter into an engagement letter with WealthMetrx, at the time you apply for employment or are employed by WealthMetrx, or upon a request made by you pursuant to Section 4.
1. DATA POLICIES
No Collected Data is obtained from you, unless it is voluntarily provided, except for any Automated Data obtained automatically through the Site as set forth in this policy. Regardless of the method used to obtain Collected Data, WealthMetrx will only collect Personal Data that is (a) relevant to (i) the purposes for which it is provided by you or (ii) WealthMetrx’s other legitimate business purposes (including, but not limited to, marketing) or (b) required by applicable law. You are responsible for obtaining any approvals, authorizations, consents, permissions and permits that are required in connection with your providing WealthMetrx with any information (including, but not limited to, any information relating to a third party).
When you access the Site, WealthMetrx will collect Automated Data. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing, cookies, you may not be able to obtain some features of the Site.
Automated Data will only be used by WealthMetrx (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make the Site more useful to you and other users, and (d) for other legitimate business purposes of WealthMetrx (including, but not limited to, marketing). WealthMetrx will collect Automated Data either directly or through third parties acting on its behalf.
Use of Collected Data
All Collected Data may be used by WealthMetrx for any legitimate business purpose. If WealthMetrx expressly states in this policy or in another writing that any Collected Data will only be used for a specific purpose, WealthMetrx will only use such Collected Data for such purpose, unless you subsequently consent to its being used for another purpose.
Transfer of Collected Data
Any Collected Data obtained by WealthMetrx, whether or not for a specific purpose, may be transferred to third parties designated by WealthMetrx (including, but not limited to, any affiliates, customers, distributors, sub-contractors or vendors of WealthMetrx) for any purposes relevant to the Services or otherwise consistent with this policy.
WealthMetrx may also at any time, in its sole discretion, transfer any Collected Data, whether or not you furnished such Collected Data for a specific purpose, to (a) comply with, or as permitted by, any applicable law or lawful request of a government or public authority for purposes of satisfying national security, law enforcement and other requirements, (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of WealthMetrx or a third party, or (d) upon prior notification to you, transfer such Collected Data to a third party acquiring all, or substantially all, of the assets of WealthMetrx. If Collected Data is so transferred, WealthMetrx will have no responsibility for any action of the third party to whom or which such Collected Data is transferred.
WealthMetrx will remove from its sytems (and use commercially reasonable efforts to remove from the systems of third parties acting on behalf of WealthMetrx) any Personal Data that is no longer required for the purposes for which it was collected and processed, unless WealthMetrx is legally permitted or required to continue holding it, or it is relevant to WealthMetrx’s interests in any judicial proceeding or other dispute.
WealthMetrx does not warrant or represent that any Personal Data will be accurate or up-to-date. However, upon your request, WealthMetrx will grant you access to your Personal Data in the possession, or under the control, of WealthMetrx solely for the purpose of correcting or deleting such Personal Data that is inaccurate or has been processed in violation of this policy, except when the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. If you desire access to any Personal Data for such purpose, you must contact WealthMetrx as set forth in Section 4.
2. CORRESPONDENCE, STORAGE & PROTECTION
Whether or not you have previously sent WealthMetrx an e-mail message, you consent to WealthMetrx’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Services or the Site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose of WealthMetrx (including, but not limited to, marketing). Since WealthMetrx endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting WealthMetrx as set forth in Section 4 or by following the directions contained in such e-mail messages or other electronic communications.
All electronic Personal Data is processed by WealthMetrx on servers located at off-site data center locations.
WealthMetrx maintains physical, electronic, administrative and procedural safeguards to protect the confidentiality of Personal Information, including Social Security Numbers, that we collect about you from loss and unauthorized access, alteration, destruction, disclosure and use. WealthMetrx limits access to Social Security Numbers to help protect against their loss or misuse and does not disclose Social Security Numbers to third parties, except where such disclosure is required by law. Such measures shall ensure a level of protection appropriate to the specific risks identified by WealthMetrx and in compliance with any laws applicable to WealthMetrx (including, but not limited to, any such laws relating to the protection of social security numbers collected by WealthMetrx). Even if WealthMetrx uses such measures, since no transmission of information over the Internet or electronic storage of information is completely secure, you must assume the risk that Collected Data could be lost or accessed, altered, destroyed, disclosed or used without authorization. If you have additional questions regarding the protection of any Persoanl Data, you should promptly contact us as set forth in Section 4.
3. MISCELLANEOUS TERMS & DEFINITIONS
You should review this policy carefully, and be sure you understand it, prior to using the Services or the Site or otherwise providing any information to WealthMetrx. Your use of the Services or the Site, or providing any information to WealthMetrx in the ordinary course of its business, is deemed to be acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Services and not otherwise provide any information to WealthMetrx. For purposes of this Section, accessing the Site only to review this policy is not deemed to be acceptance of this Policy.
You may refuse to provide any information to WealthMetrx at any time by terminating your use of the Services and the Site, or in all other cases not involving use of the Services or the Site, by notifying WealthMetrx as set forth in Section 4. If you refuse to provide any information when requested to do so by WealthMetrx, you may not be able to access, or otherwise obtain the benefits of, certain features of any products and services offered by WealthMetrx (including, but not limited to, the Services).
Pursuant to California law, residents of California may request certain information regarding the transfer by WealthMetrx of their Personal Data to third parties for direct marketing purposes of such third parties. To make such a request, you must contact WealthMetrx as set forth in Section 4.
Neither the Services nor the Site is intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Data of such child has been obtained by WealthMetrx without the parent’s or guardian’s consent, WealthMetrx will use commercially reasonable measures to delete such information from WealthMetrx’s servers (or the servers of third parties acting on behalf of WealthMetrx) at the parent’s or guardian’s request. To request the deletion of such Personal Data, the parent or guardian must contact WealthMetrx as set forth in Section 4, and provide all information requested by WealthMetrx to assist it in identifying the Personal Data to be deleted.
This policy shall be governed by, and construed and interpreted in accordance with, the laws of the state of New York, without regard to its principles of conflict of laws. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.
Any complaint by you regarding any Collected Data, or otherwise relating to this policy, must first be submitted to WealthMetrx as set forth in Section 4, and WealthMetrx must be given a reasonable opportunity of not less than 45 days to investigate and respond to your complaint. Upon WealthMetrx’s completing such investigation and so responding, WealthMetrx and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 45 days, (a) you may commence litigation against WealthMetrx in connection with the unresolved portion of your complaint only in a court located in Saratoga County, New York, and having subject matter jurisdiction over your complaint, and (b) you consent to any such court’s being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court’s not being, a proper venue for your complaint.
Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and WealthMetrx, with respect to Collected Data. If you use the Services or the Site, or otherwise have business dealings with WealthMetrx, such use or dealings will be subject to this policy, plus any other written agreement between you and WealthMetrx that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
WealthMetrx may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with any applicable law. Any such revision will take effect immediately upon such posting, and will apply to all Collected Data obtained by WealthMetrx after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy. The latest version of this policy will always be the one posted on the Site.
Except as provided in this policy or required by any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this policy.
In this policy:
(a) “Automated Data” means all Non-Personal Data obtained through the use of session and persistent cookies, web beacons or other tracking technologies and server log files (including, but not limited to, (i) your search terms, (ii) your computer’s access date and time, browser, connection speed, Internet service provider, language, location, manufacturer, visit details, and operating system, and (iii) whether or not you opened e-mail messages and other electronic communications from WealthMetrx, and if you did, the times they were opened).
(b) “Collected Data” means all (i) Personal Data and (ii) Non-Personal Data.
(c) “Non-Personal Data” means all information collected by WealthMetrx, whether electronically or manually and whether from (or on behalf of) you or other publicly available sources, through (i) the Services, (ii) e-mail messages and other electronic communications that you send to WealthMetrx, and (iii) other sources in the ordinary course of WealthMetrx’s business, that is not Personal Data (including, but not limited to, any Automated Data).
(d) “Personal Data” means all information collected by WealthMetrx, whether electronically or manually and whether from (or on behalf of) you or other publicly available sources, through (i) the Services, (ii) e-mail messages and other electronic communications that you send to WealthMetrx, and (iii) other sources in the ordinary course of WealthMetrx’s business, that relates to an individual in the United States and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, e-mail address, physical address, phone number, social security numbers and, in the case of employees and employment applicants of WealthMetrx, human resource information).
4. CONTACT INFORMATION
If you have any questions or complaints, desire additional information, or desire to notify WealthMetrx of anything regarding any Collected Information or otherwise relating to this policy, please promptly contact WealthMetrx in writing as follows:
475 Broadway, No. 458
Saratoga Springs, New York 12866
Effective: June 2019