California Privacy Rights Notice

 

Effective Date and Last Revised: December 17, 2021

Your California Privacy Rights Notice (“Notice”) supplements the information contained in the Privacy Policy of Pence Capital Management, LLC (“PCM”, “we”, “our” or “us”) and applies in certain circumstances solely to all natural persons who are California residents (”consumers” or “you”).

 

The California Consumer Privacy Act of 2018, as amended (collectively, the “CCPA”), defines “personal information” broadly as information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household. This Notice also uses that definition for personal information.

 

CATEGORIES AND SOURCES OF PERSONAL INFORMATION WE COLLECT

 

Please see Information Collection and Cookies and Other Technologies; Do Not Track in our Privacy Policy to understand the categories of personal information we collect from or about you and the categories of sources from which we obtain personal information.

 

Please see Information Collection and Cookies and Other Technologies; Do Not Track in our Privacy Policy to understand the categories of personal information we have collected from or about consumers in the preceding twelve (12) months and the categories of sources from which we have obtained personal information in the preceding twelve (12) months.

 

OUR COLLECTING, USING, DISCLOSING OR SHARING PERSONAL INFORMATION

 

We disclose or share personal information from or about you with our service providers, third parties and/or other parties for business purposes, such as operational purposes and other purposes related to providing you with the services you seek from us. We provide more information about the business purposes or commercial purposes for which we disclose or share personal information in Information Use and Disclosing or Sharing Information in our Privacy Policy. We may disclose or share any of the categories of personal information listed in Information Collection, Cookies and Other Technologies; Do Not Track, Information Use and Disclosing or Sharing Information in our Privacy Policy for business purposes or commercial purposes.

 

Please see Information Use and Disclosing or Sharing Information in our Privacy Policy to understand the business purposes or commercial purposes for which we have collected personal information in the preceding twelve (12) months.

 

We have disclosed or shared personal information for business purposes in the preceding twelve (12) months as described in Information Use and Disclosing or Sharing Information in our Privacy Policy. Any of the categories of personal information listed in Information Collection, Cookies and Other Technologies; Do Not Track, Information Use and Disclosing or Sharing Information in our Privacy Policy may have been disclosed or shared for business purposes in the preceding twelve (12) months.

 

We may disclose or share personal information from or about you with the categories of third parties as described in Information Use and Disclosing or Sharing Information in our Privacy Policy. We may disclose or share any of the categories of personal information listed in Information Collection, Cookies and Other Technologies; Do Not Track, Information Use and Disclosing or Sharing Information in our Privacy Policy.

 

Please see Information Use and Disclosing or Sharing Information in our Privacy Policy to understand the categories of third parties with whom we have disclosed or shared personal information in the preceding twelve (12) months.

 

We do not sell your personal information, and in the preceding twelve (12) months, we have not sold personal information, under the CCPA.

 

We do not knowingly sell the personal information of consumers under sixteen (16) years of age.

 

YOUR RIGHTS AND CHOICES

Your Rights to Know

You have the right to request that we disclose certain information to you about our collection, use, disclosure and sale of your personal information in the preceding twelve (12) months. Once we receive and confirm your request to know, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business purpose 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 request to know data portability request).
  • If we sold or disclosed or shared your personal information for a business purpose, two separate lists disclosing:
    •  sales, identifying the personal information categories that each category of recipient purchased, including categories of third parties; and disclosures or sharing for a business purpose, identifying the personal information categories that each category of recipient obtained, including categories of third parties.

 

Your Deletion Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, in certain circumstances. Once we receive and confirm your request to delete, we will delete from our records, and direct our service providers to delete from their records, your personal information, in certain circumstances.

 

Exercising Requests to Know and Requests to Delete

To exercise the request to know and request to delete rights described above, please submit a verifiable consumer request to us via email at info@pencecapital.com or online via pencecapital.com/contact [Add hyperlink and confirm it works]. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.

 

A verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized agent.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

You may only make a request to know twice within a twelve (12)-month period.

 

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.

 

We will use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 

Response Timing and Format

We endeavor to respond to requests to know and requests to delete within forty-five (45) calendar days. If we require more time (up to an additional forty-five (45) calendar days), we will provide you with notice and an explanation of the reason that we will take more than forty-five (45) calendar days to respond to the request.

 

We will deliver our written response via mail or via email, at your option.

 

The response we provide will also explain the reasons we cannot comply with a verifiable consumer request (including, regarding a request to delete, whether we have complied with that request), if applicable.

 

Any disclosures we provide will only cover the twelve (12)-month period from the date that we receive the request to know.

 

For request to know 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, including by email.

 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded.

 

Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of the privacy rights conferred by the CCPA. Unless permitted by the CCPA, we will not:

  • Deny you services or goods.
  • Charge you different prices or rates for services or goods, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of services or goods.
  • Suggest that you may receive a different price or rate for services or goods or a different level or quality of services or goods.

 

CONTACT INFORMATION

If you have questions about our privacy policies, notices or practices, please contact us using the contact information noted in Contact Information in our Privacy Policy.

 

NOTICE UPDATE

We reserve the right to update or modify this Notice at any time and from time to time. Please review this Notice periodically, and especially before you provide any information or data. This Notice was made effective on the date indicated above.

 

How to invest

Pence Capital Management develops investment strategies for distributors and model portfolios for advisors. To invest in Pence Capital Management Strategies, please contact your broker or advisor.

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