Privacy Policy

Effective Date and Last Revised: December 17, 2021

1. OVERVIEW

This Privacy Policy describes the categories of information that Pence Capital Management, LLC (“PCM”, “we”, “our” or “us”) collect from users of the www.pencecapital.com website (the “Site”). This Privacy Policy also explains how we may use, disclose or share and protect such information, as well as your choices regarding it. The information we collect and the purposes for which we use or disclose or share it will depend to some extent on how you use the Site and how you interact with us. Throughout this Privacy Policy, “information” includes personal information about you.

PLEASE READ THIS PRIVACY POLICY AND THE TERMS OF USE (THE “TERMS”) CAREFULLY. IF YOU DO NOT AGREE WITH THE PROVISIONS OF THIS PRIVACY POLICY OR THE TERMS, DO NOT USE OR VISIT THE SITE. BY USING OR VISITING THE SITE, YOU AGREE TO THE PROVISIONS OF THIS PRIVACY POLICY AND THE TERMS.

2. INFORMATION COLLECTION

We collect the following categories of information in the manner described below. We also can collect information about you through other individuals or our service providers, third parties and/or other parties in the manner described below.

a. We can collect information from or about you and/or another individual and/or party when you visit or use the Site.

Following are examples of ways in which you can visit or use the Site:

To create, use or make changes (for example, corrections, updates or deletions) to your information;
To provide contact information (for example, full name, email address, information for transactions with us and/or a service provider, third party and/or other party through the Site and information provided in connection with services; and
Information when you contact or otherwise interact with us or a service provider, third party and/or other party (for example, your search queries on the Site, requests for information, subscribing to newsletters and blogs and reporting an issue with the Site).

b. We can receive information about you through other individuals or our service providers, third parties and/or other parties, which information can be used as described in this Privacy Policy.

c. We can automatically collect other information from or about you, including:

Operating system;
Browser type;
Internet Protocol (IP) address;
Platform type;
Software and hardware attributes;
Domain name of your Internet service provider;
Your geographic location;
Information regarding your access to and use of the Site; and
Anonymized information.

In addition, we can automatically collect information about content viewed or downloaded, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, whether you open an email and your interaction with email content, error logs, and other similar information.

We, along with our service providers, third parties and/or other parties, can automatically collect such information via cookies, Web beacons, tags and other technologies. Please see Cookies and Other Technologies; Do Not Track below.

d. We can collect information about you from:

Social networking services;
Publicly accessible sources;
Other individuals; and
Our service providers, third parties and/or other parties.

e. We can combine any of the information we collect from or about you and use it and disclose or share it in the manner described in this Privacy Policy.

3. COOKIES AND OTHER TECHNOLOGIES; DO NOT TRACK

We, along with our service providers, third parties and/or other parties, use cookies, Web beacons, tags and other technologies. These technologies are used for tracking, analytics and personalization and optimization of the Site.

a. Cookies. Cookies are small text files that are stored on your computer.

Persistent cookies remain on the user’s computer after the browser has been closed.
Session cookies exist only during a user’s online session and disappear from the user’s computer when they close the browser software.

You can instruct your browser to stop accepting cookies. But if you do not accept cookies, you may not be able to use all portions or all functionality of the Site. Please see www.allaboutcookies.org for additional information about cookies.

b. Web Beacons. Web beacons or tags (small images embedded into websites or emails that send information about your computer when you visit the Site or open an email we send to you) can be used either by us or a service provider, third party and/or other party.

c. Service providers, third parties and/or other parties may collect personally identifiable information about an individual user’s online activities over time and across different Internet services when a user uses the Site.

d. Below are links to resources regarding online analytics: For Google Analytics, please see https://policies.google.com/privacy, https://policies.google.com/technologies/partner-sites, https://www.google.com/analytics/terms/ and https://tools.google.com/dlpage/gaoptout.

e. Do Not Track. At this time, we do not respond to “Do Not Track” signals sent from Web browsers or other mechanisms that provide users the ability to exercise choice regarding the collection of personally identifiable information about an individual user’s online activities over time and across service provider, third party and/or other party Internet services.

Please see Information Collection above and Information Use, Disclosing or Sharing Information, Children’s Privacy, Storage, Retention, Choices Regarding Your Information and Your California Privacy Rights below.

4. INFORMATION USE

We may use the information that we collect from and about you to conduct our business and for any of the purposes described in the Privacy Policy, subject to applicable law. Examples are as follows.

a. To Provide or Facilitate Providing You with Services. To provide or facilitate providing you with services (for example, newsletters, blogs and other content from us and service providers, third parties and/or other parties such as news, information, commentary, research reports and data concerning the financial markets, securities and other subjects).

b. To Communicate with You. To communicate with you to provide information and content and Site-related notifications.

c. To Respond to You. To respond to you, such as when you contact us, make a request or inquiry, subscribe to a newsletter or blog or share a comment or concern.

d. For Personalization of Your Experiences with Us. For personalization of your experiences with us, including to remember your interests and preferences, customize the services we share with you, facilitate your interactions with us, track and categorize your activity and interests on the Site and to enrich your experience on the Site.

e. For Marketing and Advertising. For marketing and advertising, such as to send you marketing and advertising communications and to customize the marketing and advertising that we show you.

f. For Analytics. For analytics, including to understand how you use the Site, determine how you access the Site and improve the Site, by us or a service provider, third party and/or other party, subject to applicable law.

g. For our Business Purposes. For our business purposes, such as to operate and improve upon our business and lawful business activities, to maintain our records, research, service improvement and development, to determine your satisfaction with our resources, to detect and prevent fraud or misuse of our resources and for any other business purpose that is permitted by applicable law.

h. For Legal and Safety Purposes. For legal and safety purposes, including to defend or protect us, you or others, from harm or in legal proceedings, protect our rights; protect our security and the security of others and property, respond to court orders, lawsuits, subpoenas and government requests, address legal and regulatory compliance, enforce the Terms and notify you of safety issues.

i. Anonymized Information. For collecting, compiling and/or creating anonymized information, which we or a service provider, third party and/or other party can do, subject to applicable law, and which we or a service provider, third party and/or other party can use for any purpose, subject to applicable law.

j. With Your Consent. We can use your information other than as described in this Privacy Policy if we notify you and you consent to such use.

k. At Your Request. We can use your information at your request, subject to applicable law.

l. For Any Other Purpose with Notice by Us. We can use your information for any other purpose for which we provide you with notice, subject to applicable law.

m. Cookies and Other Technologies; Do Not Track. Please see Cookies and Other Technologies; Do Not Track above.

Please see Information Collection and Cookies and Other Technologies; Do Not Track above and Disclosing or Sharing Information, Children’s Privacy, Storage, Retention, Choices Regarding Your Information and Your California Privacy Rights below.

5. DISCLOSING OR SHARING INFORMATION

Information can be disclosed to or shared with other users and service providers, third parties and/or other parties in accordance with this Privacy Policy, subject to applicable law. Please note that a user can choose not to disclose or share certain information. Please see Information Collection, Cookies and Other Technologies; Do Not Track and Information Use above and Children’s Privacy, Storage, Retention, Choices Regarding Your Information and Your California Privacy Rights below.

a. Service Providers, Third Parties and/or Other Parties. We can use service providers, third parties and/or other parties to perform certain services on our behalf, including without limitation, monitoring compliance by users with and enforcement of and applying the Terms, auditing interactions and transactions with you, detecting and preventing fraud, addressing security issues, fixing errors, helping us with advertising or marketing, providing customer service, helping with our research, verifying service quality and performing any of the other actions or activities allowed under this Privacy Policy. We can disclose or share information about you that they need to perform their functions and in accordance with our agreements with them.

b. Social Networking Service. If you choose to use a social networking service, information from or about you may be disclosed to, shared with or collected by the social networking service. Please see Choices Regarding Your Information – Social Networking Service below.

c. Business Changes. If we become involved in, or engage in the preparatory steps leading to, a merger, acquisition, sale of assets, divestiture, joint venture, securities offering, financing, bankruptcy, reorganization, liquidation, dissolution or other transaction or if the ownership of all or substantially all of our business otherwise changes, we can disclose, share or transfer your information to another party or other parties and it can be used subsequently by such party or parties.

d. For Analytics. For analytics, including to understand how you use the Site, determine how you access the Site and improve the Site, by us or a service provider, third party and/or other party, subject to applicable law.

e. Legal and Safety. Other parties such as law enforcement, government entities, courts or service providers, third parties or other parties as required or allowed by applicable law and/or for enforcement of or applying the Terms, such as for the legal and safety purposes described Information Use above or otherwise to help prevent harm or fraud to us, you or others.

f. Anonymized Information. We can disclose or share anonymized information relating to users of the Site with any service provider, third party and/or other party for any purpose, subject to applicable law.

g. With Your Consent. We can disclose or share your information other than as described in this Privacy Policy if we notify you and you consent to this disclosure or sharing.

h. At Your Request. We can disclose or share your information with any other individual or service provider, third party and/or other party at your request, subject to applicable law.

i. For Any Other Purpose with Notice by Us. We can disclose or share your information for any other purpose for which we provide you with notice, subject to applicable law.

j. Cookies and Other Technologies; Do Not Track. Please see Cookies and Other Technologies; Do Not Track above.

6. LINKS TO OTHER WEBSITES

This Privacy Policy applies only to the Site. The Site may have links to other websites, to which this Privacy Policy does not apply. The links from the Site do not imply that we endorse or have reviewed these websites. The policies and procedures we describe here do not apply to these websites. We neither can control nor are responsible for the privacy practices or content of these websites. We suggest reviewing the privacy policies of these websites.

7. CHILDREN’S PRIVACY

We do not knowingly collect personal information from individuals under age eighteen (18). If you are under the age of eighteen (18), please do not access, use or submit any personal information through the Site. If you have reason to believe that we may have accidentally received personal information from an individual under age eighteen (18), please contact us immediately via email at info@pencecapital.com.

8. SECURITY

We take physical, technological and administrative measures to protect the information that you provide through the Site from accidental or unlawful destruction, loss or alteration and from unauthorized access, use or disclosure. Please be aware, however, that no security measures can guarantee absolute security. No Internet or electronic transmission or method of electronic storage is ever fully secure or error free. Internet or electronic communications, including those sent through the Site, may not be secure. You should use caution whenever submitting information through the Site and take special care in deciding which information you provide us with.

9. STORAGE

Your personal information is stored on servers in various locations, including the United States. Your personal information may be disclosed in response to inquiries or requests from government authorities in the countries in which we operate. United States federal and state governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of your information through laws applicable in the United States. By using the Site, you understand that your information can be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.

Please see Information Collection, Cookies and Other Technologies; Do Not Track, Information Use, Disclosing or Sharing Information and Children’s Privacy above and Retention, Choices Regarding Your Information and Your California Privacy Rights below.

10. RETENTION

We will retain your personal information for as long as reasonably necessary for the purposes outlined in this Privacy Policy, while we have a legitimate business need to do so as required by law (for example, for legal, tax, accounting or other purposes), whichever is the longer.

If you have elected to receive email communications from us, we retain information about your email preferences until you opt out of receiving these email communications and in accordance with our policies.

To determine the appropriate retention period for your personal information, we will consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means and the applicable legal requirements. In certain circumstances, we can anonymize your personal information, subject to applicable law.

Please see Information Collection, Cookies and Other Technologies; Do Not Track, Information Use, Disclosing or Sharing Information, Children’s Privacy and Storage above and Choices Regarding Your Information and Your California Privacy Rights below.

11. CHOICES REGARDING YOUR INFORMATION

You have choices regarding your information on the Site.

a. Changing Your Information. You can make changes to your information, including accessing your information, correcting or updating your information or deleting your information by contacting us via email at info@pencecapital.com, subject to applicable legal restrictions. We may take reasonable steps to verify your identity before providing access to, correction of, update of or deletion of your personal information.

b. Email Communications. You can make changes regarding receiving emails from us by contacting via email at info@pencecapital.com. You also can opt out of receiving marketing emails from us by following the opt out or unsubscribe instructions in each such email.

c. Withdrawing Consent. You can withdraw your consent to our use, disclosure or sharing of your information at any time by contacting us via email at info@pencecapital.com.

d. Cookies and Other Technologies; Do Not Track. Please see Cookies and Other Technologies; Do Not Track above.

e. Social Networking Service. You should make sure you are comfortable with what information from or about you may be disclosed to, shared with or collected by a social networking service. For what information is disclosed, shared or collected and how it is used, please carefully review the social networking service’s privacy policy and terms and conditions and modify your privacy settings directly on that service.

f. Please see Retention above.

g. Please see Your California Privacy Rights below.

Please see Information Collection, Cookies and Other Technologies; Do Not Track, Information Use, Disclosing or Sharing Information, Children’s Privacy, Storage and Retention above and Your California Privacy Rights below.

12. CONTACT INFORMATION

If you have any comments or questions about this Privacy Policy or the practices described herein, you may contact us via email or online, as follows:

Email: info@pencecapital.com

Online: pencecapital.com/contact.

13. YOUR CALIFORNIA PRIVACY RIGHTS

Please see Your California Privacy Rights Notice [Add hyperlink and confirm it works] for natural persons who are California residents.

14. REVISIONS TO THIS PRIVACY POLICY

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