Categories of Personal Information We Collect
Throughout this Policy, we discuss in detail the specific pieces of personal information we may collect from and about users. We may also be required to provide you with the “categories” of personal information we collect. The categories we may collect are: identifiers (such as name, address, email address); internet or other network or device activity (such as browsing history or services usage); general geolocation information (e.g., your city and state based on IP address or precise location, with your consent); and other information that identifies or can be reasonably associated with you.
WHAT INFORMATION WE COLLECT AND THE SOURCES OF SUCH INFORMATION
We collect information in multiple ways when you visit the Site, including when you provide information directly to us, and when we passively collect information from or about you, such as from your browser or device. We may combine all of the information we collect from or about you from these various sources.
Information You Provide Directly to Us. We will collect any information that you provide to us. For example, if you contact us, we may collect certain information, such as your name, email address, company name, phone number, location, and the contents of any message you send. If you are an ABS investor, then we also may collect information you may submit in connection with your investment such as a government identifier or other verification information, but such information will be governed by a separate privacy notice that you will have received directly from us. If you apply for a password to access password-restricted areas on this Site, you may be asked to provide to us your name, mailing address, email address, phone number, personal financial data, investment portfolio and other investment information
Information We Collect Through Automated Means. In general, you can browse the non-password-protected sections of the Site without telling us who you are or revealing any personal information about yourself. We also collect information through automated and technical means as you browse or otherwise use our Site.
- Website Usage Information. As you browse or use the Site, we and our service providers (which are third party companies that work on our behalf to provide and enhance the Site) may use a variety of technologies, including cookies and similar tools, to assist in collecting information about how you use the Site. For example, the servers may automatically record certain information in server logs. These server logs may include information such as your web request, IP address, browser type and settings, referring / exit pages and URLs, number of clicks and how you interact with links on the Site, domain names, landing pages, pages viewed, mobile carrier, mobile device identifiers and information about the device you are using to access the Site, date and time stamp information and other such information.
- Location Information. We may collect and process general information about the location of the device from which you are accessing the Site (e.g., approximate geographic location inferred from an IP address).
- Cookies and Other Tracking Technologies. We and our service providers may also collect data about your use of the Site through the use of Internet server logs and online tracking technologies, like cookies and/or tracking pixels. A web server log is a file where website activity is stored. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (a) recognize your computer; (b) understand the web pages you have visited; (c) enhance your user experience by delivering content specific to your inferred interests; (d) perform searches and analytics; and (e) assist with security administrative functions. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, and/or email, and that are designed to provide usage information like clicks and to access user cookies. We and our service providers may also include Web beacons in email messages, newsletters and other electronic communications to determine whether the message has been opened and for other analytics, personalization and advertising. As we and our service providers adopt additional technologies, we may also gather additional information through other methods. Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that by blocking any or all cookies, you may not have access to certain features.
HOW WE USE THE INFORMATION COLLECTED
We and our service providers may use the information we collect from and about you for the following purposes:
- For the purposes for which you provided it;
- To maintain, provide, and improve the Site;
- To prevent or address technical or security issues;
- To send you information or other communications, such as newsletters;
- To process and respond to your inquiries or to request your feedback;
- To identify you by your device(s) and to match your device(s) with other browsers or devices you use for the purpose of providing relevant and easier access to content and other operational purposes;
- To engage in internal analytics, research, and reporting;
- To comply with the law and protect the safety, rights, property, or security of Elliott, the Site, and the general public; and
- To enforce the legal terms that govern your use of the Site.
We and our service providers may use the categories of personal information we collect from and about you for the following business and commercial purposes (as those terms are defined in applicable law):
- Our or our service provider’s operational purposes;
- Auditing consumer interactions on our site;
- Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity;
- Bug detection and error reporting;
- Customizing content that we or our service providers display;
- Other uses such as reaching out to our site visitors;
- Other uses about which we notify you.
We may aggregate and/or de-identify information collected through the Site. We may use aggregate or de-identified Information for any purpose, including without limitation for research and analytics, and may also share such data with any third parties, including partners, affiliates, subsidiaries, services providers, and others. If you apply for a password, we may also use that data to determine whether you are an accredited investor and have sufficient sophistication, investment experience and wealth to receive information about certain investment options. We may use your information to send correspondence and perform services on your behalf in connection with investment related activities.
HOW AND WHEN WE SHARE INFORMATION WITH THIRD PARTIES
We may disclose and/or share the categories of personal information identified above, as well as the specific types of information identified above under the following circumstances:
- Affiliates and Subsidiaries. We may share the information we collect within ABS.
- Service Providers. We may provide access to or share your information with select entities that use the information only to perform services on our behalf. These service providers provide a variety of services to us, including without limitation sales, marketing, provision of content and features, analytics, data storage, security, fraud prevention, and other services.
- Third parties for legal purposes. We may disclose information that we collect and maintain about you if we are required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal process, protect the rights, property, or safety of ourselves, our users, the public, or other third parties.
- Business Transactions. If we are involved in a merger, acquisition, transfer of control, bankruptcy, reorganization or sale of assets, or diligence associated with such matters, we may sell or transfer the information described in this Policy in connection with that transaction. Your information would remain subject to the promises and commitments contained in this Policy until such time as the acquiring party modifies it. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.
- WEBSITE ANALYTICS AND DO-NOT-TRACK
- Website Analytics. We may use third-party web analytics services on our Site to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
- Notice Concerning Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our Site for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.
We take reasonable administrative, technical, and physical security measures to protect against the loss, misuse, and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information since despite our efforts, no Internet and/or other electronic transmissions can be completely secure. ABS is strongly committed to protecting any personal information collected through the Site against unauthorized access, use or disclosure. Your personal information is not collected for commercial or marketing purposes, and ABS will not sell or otherwise disclose any personal information collected from the Site, other than as described herein.
The Site is operated in the United States and any information that ABS collects will be stored within the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Site, participating in any of our Services and/or providing us with your information, you consent to this transfer and understand the Site is subject to U.S. laws, which may not afford the same level of protection as those in your country.
We will hold your information for as long as necessary to fulfill the purposes set forth in this Policy or as long as we are legally required or permitted to do so. Information may persist in copies made for backup and business continuity purposes for additional time.
YOUR RIGHTS AND CHOICES
Subject to applicable law, you may have certain rights with respect to your personal information, including the rights to access, review, update, delete, and correct inaccuracies in your personal information. For instance:
For California Residents.
- California Privacy Law. If you are a California resident, California law requires us to provide you with some information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)). In this Policy, we describe the categories of personal information we collect, the sources and uses of such information and the entities to which we share such information.
- California Data Access and Deletion Rights. If you are a California resident, the CCPA allows you to make certain requests about your personal information, such as to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
Please note that certain information may be exempt from such requests under California law. Additionally, we will take reasonable steps to verify your identity before responding to a request. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney.
If you would like further information regarding your legal rights under California law or would like to exercise any of them, please contact us at (203) 618-3700:
- Notice of Right to Opt Out of Sale of Personal Information. The California Consumer Privacy Act (“CCPA”) sets forth certain obligations for businesses that “sell” personal information (as sell is defined under CCPA and under current guidance). We do not engage in such activity and have not engaged in such activity in the past twelve months.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your access, deletion or sale opt out rights.
- Shine the Light Disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
International Users. Some international users of our Website have certain legal rights to access certain information we hold about them and to request its deletion. For example, your local laws may permit you to request that we:
- provide access to and/or a copy of certain information we have about you;
- prevent the processing of your information for direct-marketing purposes;
- update information which is out of date or incorrect;
- delete certain information which we have about you;
- restrict the way that we process and disclose certain of your information;
- transfer your information to a third party provider of services; and
- revoke your consent for the processing of your information.
We will consider all requests and provide our response within the time period stated by applicable law. Certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.
If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Contact Us” section of the Site.
For your convenience and information, the Site may provide links to other ABS sites, as well as those of non-affiliated third parties. Those entities have their own privacy notices or policies. We are not responsible for the privacy practices of any non-ABS sites, apps or services.
Control of Your Password and Personal Information
You are responsible for all actions taken with your username and password. Therefore, we recommend that you do not disclose your password to anyone. You may not allow others to use your username or password to access or use any part of this Site. If your password has been compromised for any reason, you should contact us immediately for a new password.
You can review and change the information that you submit to us by contacting us at firstname.lastname@example.org. You can change your User ID, email address, contact information, financial information, other personal information and user preferences. You must promptly update your personal information if it changes or is inaccurate.
On your request, we will deactivate your password and remove your contact information and financial information from our active databases. Your password will be deactivated promptly based on your account activity and in accordance with our deactivation policy.
We reserve the right to amend this Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Site, or advances in technology. We will make the revised Policy accessible through the Site, so you should review the Policy periodically. If we make a material change to the Policy, we will comply with applicable legal requirements regarding providing you with notice and/or consent.
If you have questions regarding this Policy, please contact us and we will endeavor to respond to your request within a reasonable period of time.