Questions?

Call 877-443-2663 or email privacy@breckinridge.com

Who We Are

Who is providing this notice?

Breckinridge Capital Advisors, Inc.

What We Do

How does Breckinridge protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include network intrusion detection, password complexity, password rotation, system access control, single sign-on, workstation locks, encrypted mobile devices, restricted access to internal and external applications, social engineering controls, simulated phishing emails, firewalls, application whitelisting, vulnerability scanning and user compliance sessions. As an extension of this, Breckinridge stays informed of well-known third-party security and risk frameworks. Finally, Breckinridge works with expert third-parties to conduct security governance assessments.

How does Breckinridge collect my personal information?

We collect your personal information directly from you or third parties, for example, when you:

• Open an account with Breckinridge
• Interact with our sales team or website
• Apply for a job or start employment with Breckinridge
• Provide a product or service to Breckinridge
• You work with an advisor who subcontracts Breckinridge

Why can’t I limit all sharing?

Federal law gives you the right to limit only

• sharing for affiliates’ everyday business purposes—information about your creditworthiness
• affiliates from using your information to market to you
• sharing for nonaffiliates to market to you

Breckinridge does not disclose to nonaffiliated third parties any nonpublic personal information about its current or prospective clients, employees, advisors and vendors, except as permitted by law or as is necessary to provide advisory services or employment. To the fullest extent permitted by law, these nonaffiliated third parties are required to protect the confidentiality and security of this information and to use it only for its intended purpose.

Applicable state laws as well as global data privacy regulations may give you additional rights to limit sharing. See below for more information on data privacy rights individuals may have under the California Consumer Privacy Act and the European General Data Protection Regulation.

What happens when I limit sharing for an account I hold jointly with someone else?

Your choices will apply to everyone on your account.

Definitions

Affiliates: Companies related by common ownership or control. They can be financial and nonfinancial companies.

• Breckinridge does not have any affiliates.

Nonaffiliates: Companies not related by common ownership or control. They can be financial and nonfinancial companies.

• Breckinridge does not have any nonaffiliates.

Joint marketing: A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

• Breckinridge does not have any joint marketing agreements with nonaffiliates.

Purposes for Collecting your PII

We collect your personally identifiable information (“PII”) for a variety of purposes including:

• For our everyday business purposes such as to process your transactions, maintain your accounts(s), or respond to court orders and legal investigations;
• The performance of obligations under advisory or other agreements, which will include suitability and other assessments of potential clients, advisors, vendors and employees (collectively, “third parties”);
• The administrative processes (and related communication) carried out between Breckinridge in preparing for the approval and onboarding of third parties;
• Ongoing communication with third parties, their representatives, advisors and agents, (including the negotiation, preparation and execution of documentation) during the process of onboarding of third parties;
• The ongoing administrative, accounting, reporting and other processes and communication required to operate the business in accordance with the agreements and other applicable documentation between the parties;
• Any legal or regulatory requirement; and
• Any other purpose that has been notified, or has been agreed, in writing.

Lawful Basis

There is a need to process PII for the purposes set out in this Privacy Notice as a matter of contractual necessity under or in connection with the applicable agreement, and in the legitimate interests of Breckinridge to operate their respective businesses. From time to time, Breckinridge may need to process the PII on other legal bases, including: to comply with a legal obligation; if it is necessary to protect the vital interests of an investor or other data subjects; or if it is necessary for a task carried out in the public interest. For the purposes listed above, Breckinridge is relying on performance of a contract necessity and legitimate interests.

A failure to provide the PII requested to fulfill the purposes described in this Privacy Notice may result in Breckinridge being unable to provide the services in connection with the terms of the advisory or other agreement.

Data Storage and Retention

Your personal information will be retained only for as long as the information is needed to fulfill the purposes for which it was collected and processed. We reserve the right to retain and use your personal information for as long as necessary to comply with our legal obligations and business requirements and/or to resolve ongoing disputes and enforce our agreements.

Transfers of PII

Your PII may be transferred, processed and/or stored in a country other than the one in which your personal information is collected. If Breckinridge transfers your personal information to other countries, we have implemented procedures to ensure that appropriate safeguards are in place to protect the personal information if we have to transfer your PII to other countries.

In addition to disclosing PII amongst themselves, Breckinridge may disclose PII, where permitted by law, to other service providers, prospective or current clients, employees, agents, contractors, consultants, professional advisers, lenders, data processors and persons employed and/or retained by them in order to fulfill the purposes described in this Privacy Notice. In addition, Breckinridge may share PII with regulatory bodies having competent jurisdiction over them, as well as with tax authorities, auditors and tax advisors (where necessary or required by law, rule or regulation).

Breckinridge may transfer PII to a non-equivalent country (a country or territory other than (i) a member state of the EEA; or (ii) a country or territory which has at the relevant time been decided by the European Commission in accordance with EU law to ensure an adequate level of protection for PII), in order to fulfill the purposes described in this Privacy Notice and in accordance with applicable law, rule or regulation, including where such transfer is a matter of contractual necessity to enter into, perform and administer agreements, and to implement requested pre-contractual measures. For information on the safeguards applied to such transfers, please see contact information at the bottom of this notice.

Automated Decision Making

We do not use automated processing, including profiling, to make decisions that will have either legal or material effects on the individuals from whom we collect and process personal information.

Data Privacy Rights for European Residents

The European Union’s General Data Protection Regulation (GDPR) is a sweeping piece of legislation that grants EU and United Kingdom (UK) residents increased control over their personal data. In addition, the GDPR requires affected companies to create processes to comply with and facilitate consumer data requests, to update their privacy policies, and to ensure that personal data is secured.

It is acknowledged that, subject to the GDPR, European and UK resident data subjects may exercise certain data privacy rights under the GDPR. If you are an individual who resides in the European Union and whose personal data is collected and processed by Breckinridge, you have the right to:

• Request access to your data
• Rectify your data
• Take your data (in a readable, “portable” format) to another service provider
• Erase your personal data
• Restrict or object to the processing of your personal data
• Lodge a complaint with a Member State Supervisory Authority
• Withdraw previously given consent to collect and process personal data (which will not impact personal data processed before the withdrawal).

Data Privacy Rights for California Residents

The California Consumer Privacy Act (CCPA) provides some California residents with certain data rights regarding what we do with your PII. If you are a California resident and it is determined that the CCPA applies to you, this section details those rights, how you may exercise them, and what Breckinridge will do in response.

Please note that the rights under the CCPA do not apply to PII collected, processed, sold or disclosed pursuant to Gramm-Leach-Bliley Act (Public Law 106-102) and Fair Credit Reporting Act (12 CFR 1022).

If you are an individual who resides in California and whose personal data is collected and processed by Breckinridge, you may have the right to:

• Request that we disclose, free of charge, the categories and specifics of the PI we collect about California residents (and/or, if applicable, sell or otherwise disclose to a third party for business purposes).
• Choose to opt-out of the sale of personal information. Currently, however, Breckinridge does not sell personal information.
• Request that we delete the PI we have collected. Following our verification of the request, we will comply with the request and delete any or all the PI in our possession that we collected from the California resident and/or any or all such PI in the possession of our service providers, unless otherwise restricted by law or regulation.

Questions and Exercising Your Data Privacy Rights

You may contact us in order to exercise any of your rights set forth in this privacy notice by calling this toll-free number 877-443-2663 or by emailing us at privacy@breckinridge.com. All individuals have the right to not receive discriminatory treatment by Breckinridge for the exercise of the privacy rights set forth in this policy.

NOTE: All data privacy requests must be accompanied by verifiable proof of identity of the requestor.

Changes to This Privacy Notice

From time to time we may update this privacy notice. If revisions are made to the privacy notice, we will update the statement with a new revision date.

This privacy notice was last revised and posted on 3/27/2024.