Marstone Privacy Policy
Updated: November 15, 2024
Version 4.0
Here at Marstone, Inc. and Marstone, LLC (“Marstone”), we are committed to maintaining the confidentiality, integrity, and security of personal information collected from our users. The privacy practices of this statement apply to services from Marstone available under the domains www.marstone.com, www.wealth.marstone.com, www.marstonelife.com, and/or our mobile applications (the "Sites"). By visiting the Sites, you agree to be bound by the terms and conditions of this Privacy Policy. This Privacy Policy describes the information, as part of the normal operation of our services, we collect from you and what may happen to that information. By accepting the Privacy Policy, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of theMarstone Terms of Service Agreement (hereinafter “Terms of Service”).
For the purposes of this Privacy Policy, a “User” is an individual who uses our Sites to evaluate our services or for educational purposes, a “Registered User” is an individual who registers to create an account to access certain features, and a “Client” is an individual who signs Marstone’s Investment Advisory Agreement that entitles the Client to open an account, create a portfolio, fund an account, and have their investment portfolio managed by Marstone. This Privacy Policy, as well as the Terms of Service, applies to Users, Registered Users, and Clients.
USER GENERATED CONTENT
What information do we collect?
· Information relevant to your computer, such as what type of device you are logging in from, the server from which you log-in, the IP address from which you log-in, and other types of anonymous information when you visit Marstone and become a User of Marstone.
· Personal and financial information when you register and become a Marstone Client.
· User action(s) while visiting site or using our service(s).
Why do we collect it?
· Marstone, LLC is an SEC registered investment advisor. We are required to collect and maintain certain information under U.S. law and regulation.
· Marstone, Inc. is digital advisory and financial wellness platform provider that Marstone, LLC uses to interact with Clients and Marstone’s clearing firm, Pershing Advisors, LLC.
· We collect your personal information to maintain your Marstone account, and to provide and enhance customer service and experience.
· To improve your experience, Marstone aggregates your personal information and performs certain analysis and reports. This analysis could include identifying demographic and investment trends for internal purposes. When we aggregate this information, we ensure that the Client information is not identifiable to any unaffiliated third party.
Definitions
Anonymized means to make anonymous. In other words, you are not individually identifiable from the information you provide.
Aggregated means to combine several elements to form a whole. Basically, we combine certain content to form collective data that is not traced back to any single individual.
Using your data (For the purposes of this section, “We” refers to Marstone)
· We use your data to operate and maintain your account in accordance with U.S. law.
· We perform analytics to investigate and understand how our Site is used.
· We use your data to monitor and protect the security and integrity of our products.
· We use the analytics performed on the Sites to better serve you and to market our products and services.
· We may disclose personal information, if required by law, such as a court order, subpoena, regulator, or summons.
· We may make certain disclosures, if we believe it necessary to investigate, prevent or take action regarding illegal activities, potential fraud, front-running or scalping, situations involving potential threats to the physical safety of any person, or violations of our Privacy Policy or Client Investment Advisory Agreements, or other laws.
· We will use User and Registered User information and content to provide you with information and services, to customize your experience and to inform you about other products and services.
· We will aggregate and use User and Registered User information and content to understand how our products and services are used, in order to better deliver our products and services and to help us innovate.
· We may utilize all third-party retrieved information in order to optimize your utilization of our services, including offering, marketing, or recommending additional services consistent with your investment objectives. You should refer to the Privacy Policy of your advisor and their affiliated institutions concerning their use and disclosure of your information.
Third Parties
· We do not sell, rent, or trade your personal information with any unaffiliated third parties.
· We may share your personal information with identification verification services, e-signature providers, and account aggregation services to serve you as a Client or Registered User, or as required by law.
· We may use third parties service providers to perform analytics and marketing services on your behalf, and, if this is the case, we may disclose some personal information, aggregated and anonymized, or more fully where necessary to perform our services.
All of our third-party service providers are required to ensure that your personal information is anonymized and/or confidential.
What happens if Marstone is closed or sold?
Information about our Users and Registered Users, including personal information, may be disclosed, or transferred to entities now or in the future affiliated with Marstone or as part of any merger, acquisition, change of control, debt financing,insolvency, bankruptcy or sale of our assets. Such information may be used in the businesses of any entity receiving it. Wemay disclose personal information in specific other cases with your consent.
Analytics Services
We use analytics services to collect information about the usage of the Sites. This service collects information relevant toyour computer, such as the type of device, server or IP address from which you are logging in, and other types of anonymous information (“Analytics Services”) when you visit or become a Client of Marstone. We use the information we get from these Analytics Services to improve this site and the services we provide.
These Analytics Services only collect the IP address assigned to you on the date you visit this Site, not your name or other identifying information. The Analytics Services ability to use and share information about your visits to this site is restricted by their terms of use and privacy policies. We will never combine the information collected from Analytics Services with the content you upload to Marstone as a Client, Registered User, or User.
You can typically prevent Analytics Services from recognizing you on return visits to this Site by disabling cookies on your browser but doing so may limit customization of the Site to You.
1. HOW YOU ACCEPT THIS POLICY
By using the Marstone services, or otherwise providing us with personal information (such as an email address), you agree to the terms and conditions of this Privacy Policy.
2. CHANGES TO YOUR PERSONALLY IDENTIFIABLE INFORMATION
Once you have registered with Marstone, you can access your profile, and review or revise the personal information that is stored at any time. If you encounter problems, you can always contact us at wealth@marstone.com. Due to U.S. regulatoryrequirements, we may not delete residual or aged copies of information and must preserve all consumer data for a number of years.
If you wish to update or correct the personal information that you have submitted to us, you may do so via the website foryour Marstone account or you can send an email to wealth@marstone.com.
DO NOT SEND CHANGES OF RISK TOLERANCE OR TRADING INSTRUCTIONS BY EMAIL.
3. RESTRICTING OR DELETING YOUR INFORMATION
Your data belongs to you, and you may request deletion of your personal information at any time. If you are a resident the State of California or of the European Union (including the U.K), specific rights may apply to you under the California Consumer Protection Act of 2018 (“CCPA”) (https://oag.ca.gov/privacy/ccpa) or General Data Protection Regulation(https://gdpr-info.eu/art-17-gdpr/), respectively. To request that your account be deleted, please contact us at wealth@marstone.com. We will remove your information as soon as practicable, however we will retain and archive any account information required by law or regulations. Beyond obligations required upon the rights identified above, for data removals performed in the ordinary course of business retention schedules, or for former clients, portions of your data may remain on our production and back-up servers indefinitely.
4. AS A VISITOR
We collect various types of anonymous information about visitors to Marstone, such as device-related information (browser type, IP address) and server log information (date and time you visited). We collect information that you received from ourwebsite and use this information to better understand our visitors and business, all to improve the Marstone services.
5. CHANGES TO OUR PRIVACY POLICY
You are encouraged to regularly review this Privacy Policy as we may change our policies and update this Privacy Policyperiodically. The applicable date of our Privacy Policy appears at the top of the page. You agree to accept electronicnotification of revised versions of this Privacy Policy as posted on the Sites. If we make material changes to this Privacy Policy, we will notify you here, by email or by posting a notice on our Sites.
6. THIRD PARTY SHARING/EMAIL OPT OUT
Marstone complies with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM) and the CCPA. We may provide Users and Registered Users with periodic website-related notifications, marketingoffers, or other information via email. You may elect to stop receiving such messages by updating your account preferences on the Sites or through your Marstone account, where available. You may also follow unsubscribe instructions included in promotional emails. Certain email messages we send are necessary for the proper functioning of our website, and Users, Registered Users, and Clients may not opt-out. California residents may have a separate right to Opt-Out of sales of personal information.
7. CHILDREN’S ONLINE POLICY
None of the features, services, and other aspects of the Sites requiring the submission of personally identifiable information are intended for use by anyone under 18 years of age. We do not knowingly collect personally identifiable information from children under the age of 13 without parental consent. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us, please contact us at wealth@marstone.com.
8. SOCIAL MEDIA
This Privacy Policy, and these terms, apply to Marstone-operated services and applications. This Site may contain links that access other websites and applications that are not operated or controlled by Marstone. The policies described herein do not apply to third party websites or applications.
9. QUESTIONS AND CONCERNS
If you have questions or concerns regarding this Privacy Policy, or if you have comments or feedback, please contact us at:wealth@marstone.com. For more general information regarding privacy you can visit the Federal Trade Commission which offers an overview of general privacy protection.
5) Confidentiality
Any personal information that you submit in connection with use of the Marstone Sites, or the Services will be subject to andgoverned by Marstone’s Privacy Policy, which is available on the Marstone Sites. This policy explains how we protect and utilizeyour personal information to deliver the Services. You will be provided with notice of any material changes to our Privacy Policythat we may make from time to time.
6) Service Providers, Links and Third-Party Sites
Marstone utilizes certain technology partners and service providers through which it delivers services to you. It also provides links to and licenses services and tools from third-party providers. You acknowledge and agree that Marstone has no control over and is not responsible or liable for the accuracy, quality, legality, nature, availability, or reliability of such third-party websites or resources. Though Marstone undertakes considerable due diligence in the selection of its third-party resources, it provides these links and tools only as a convenience, and the inclusion of any link on the Marstone Sites does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. You acknowledge sole responsibility for and assume all risk arising from your use of any such third-party website, information, material, products, and services.
7) Copyright and Ownership
Except where specifically indicated or licensed by Marstone, Marstone is the owner of or authorized licensee of all text, images, graphics, design, products, software, services, trademarks, logos, and other content on the Marstone Sites. These materials are protected by U.S. and international copyright, trademark, and other laws. You may not remove, copy, reproduce, perform, create derivative works from, transmit, distribute, upload, or exploit in any way these materials without the express written consent of Marstone.
8) User Generated Information and Content
Please see Marstone’s Privacy Policy to read more about User Generated Information and Content.
Prohibited Uses: You agree that you will not publish, post, submit, transmit through or otherwise make available to the Marstone Sites (i) any falsehoods or misrepresentations that could damage Marstone or any third party; (ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing,harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwiseinappropriate; (iii) advertisements or solicitations of business, products, or services; or (iv) any material that would be harmful to minors in any manner.
Disclaimer: User Information and Content are not controlled, endorsed, or guaranteed by Marstone. Marstone does not have anyobligation to monitor such User Information and Content for any purpose and may publish or use such User Information and Content at its sole discretion.
9) Prohibited Uses of the Service
You agree that you will not:
· Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithmor methodology to access, acquire, copy or monitor of the Marstone Sites or any portion of the Marstone Sites, withoutMarstone’s express written consent, which may be withheld in Marstone’s sole discretion;
· Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Marstone Sites, other than the search engines and search agents available through the Marstone Sites and other than generally available third-party web browsers;
· Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features,or that otherwise interferes with the proper working of the
· Marstone Sites;
· Attempt to modify, adapt, sell, sublicense, decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Marstone Sites;
· Express or imply that Marstone endorses any statements you make without our specific prior written consent;
· Use meta tags, hidden text or code or other devices containing any reference to the Marstone Sites in order to direct any person to any other web site for any purpose;
· Upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
· Utilize framing techniques to enclose any part of the Marstone Sites without prior express written permission;
· Harass, defame, abuse, threaten or violate the rights of other Users or collect or store personal data about other Users;
· Violate any applicable law, regulation, or ordinance; or
· Use the Marstone Sites or content thereon in any manner not permitted by this Agreement.
10) Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WITH RESPECT TO ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE MARSTONE WEBSITES:
YOUR USE OF THE SERVICES AND ALL INFORMATION, DATA, PRODUCTS AND OTHER CONTENT (INCLUDINGTHAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARSTONE EXPRESSLY DISCLAIMSALL WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF ITS THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MARSTONE MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, THROUGH THE SERVICES, WILL MEET YOUR EXPECTATIONS, OR (v) WILL BE ERROR-FREE, OR THAT ALL ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NOADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARSTONE THROUGHOR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11) Limitation of Liability and Damages
IN NO EVENT SHALL MARSTONE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS OR AGENTS’ CUMULATIVE LIABILITY TO YOU EXCEED $100 USD.
IN NO EVENT SHALL MARSTONE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS ORAGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR THE INABILITY TO USE THE MARSTONE SITES, OR ANY OTHER INTERACTIONS WITH MARSTONE AND WHETHER OR NOT MARSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER THE DAMAGES ARE FORESEEABLE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12) Termination; Cancellation
This Agreement shall be valid until terminated by either you or Marstone. Either party may terminate this Agreement at any time upon written notice and termination will be become effective upon receipt of such notice.
Marstone may at any time in our sole and absolute discretion, terminate its legal agreement with you:
· If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
· If Marstone in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
· If you no longer agree to the terms of this Agreement.
You may cancel your Investment Account at any time and for any reason. To cancel your Investment Account, please send anemail to wealth@marstone.com.
Upon termination, all prepaid, but unearned management fees will be refunded to you. Such termination will not affect the liabilities or obligations of the parties under the Agreement arising from transactions initiated prior to such termination, including the provisions regarding arbitration, which shall survive any termination. Upon termination of this Agreement, Marstone shall beunder no obligation to recommend any action with regard to, or to liquidate, the securities or other investments in your InvestmentAccount. Upon termination, it shall be your exclusive responsibility to issue appropriate disposition instructions in writing regarding any assets in your Investment Account.
13) Governing Law; Jurisdiction and Venue
This Agreement, and your relationship with Marstone under this Agreement, shall be governed in all respects by the laws of the State of Delaware as such laws are applied to agreements between parties in Delaware. Each of the parties hereto irrevocably submits to the personal jurisdiction of the courts of the State of Delaware and the United States District Court for the District of Delaware for the purpose of any suit, action, proceeding, or judgment relating to or arising out of this Agreement. Service of process in connection with any such suit, action or proceeding may be served on each party hereto anywhere in the world by the same methods as are specified for the giving of notices under this Agreement. Each of the parties hereto irrevocably consents tothe jurisdiction of any such court in any such suit, action or proceeding and to the laying of venue in such court. Each party hereto irrevocably waives any objection to the laying of venue of any such suit, action or proceeding brought in such courts and irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.
14) Arbitration
BY BECOMING A PARTY TO THIS AGREEMENT, EACH PARTY IS AGREEING TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT FULLY AND FINALLY DECIDED BYNEUTRAL BINDING ARBITRATION AND IS GIVING UP ANY RIGHTS HE OR SHE OR IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. BY BECOMING A PARTY TO THIS AGREEMENT, EACH PARTY IS GIVING UP HIS OR HER OR ITS JUDICIAL RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THEEXTENT, IF ANY, THAT THEY ARE SPECIFICALLY PROVIDED FOR UNDER THIS AGREEMENT. IF ANY PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT PARTY MAY BECOMPELLED TO ARBITRATE UNDER FEDERAL OR STATE LAW. BY BECOMING A PARTY TO THIS AGREEMENT, EACH PARTY CONFIRMS THAT HIS OR HER OR ITS AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
15) Indemnification; Hold Harmless
You agree to Indemnify, defend and hold harmless Marstone, and all of our subsidiaries, affiliates or any related companies, and the officers, directors, employees, agents, information providers, licensors and agents of any of them from and against any and all claims, liabilities, damages, losses and expenses (including attorney’s fees and costs) that arise out of or are in any way connected with your access to or use of the Marstone Sites, your violation of these Terms of Service, your infringement of any third-party intellectual property rights, or violation by any user of your Investment or User Account.
16) Tax Advisor
Marstone does not advise on any personal income tax requirements or issues. Use of any information from Marstone Sites and other websites referred to is for general information only and does not represent personal tax advice either express or implied.You are encouraged to seek professional tax advice for personal income tax questions and assistance.
17) Miscellaneous
Severability: The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any and all other provisions hereof to the extent permitted by applicable law.
Waiver: The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
Entire Agreement: This Agreement, including the Privacy and Security Policy and any other documents referred to herein,constitute the entire agreement between the parties hereto pertaining to the subject matter hereof and thereof, and any and all other written or oral agreements relating to the subject matter hereof and thereof existing between the parties hereto are expressly canceled.
Survivability: All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Assignment: We reserve the right to assign this Agreement or any rights hereunder without your consent. You will be notified of any such assignment. You have no right to assign the Agreement or your rights or obligations hereunder without the prior written consent of Marstone.