Privacy Policy

Last Updated: 3/1/22

This Privacy Notice explains how Vista Point Advisors, LLC (“Vista Point”, “we”, “us” or “our”) collects, uses, discloses, and otherwise processes personal information (as defined below) in connection with our website, vistapointadvisors.com, and the related content, products, services, and other functionality offered on or through our online services (collectively, the “Services”). It does not address our privacy practices relating to employees and other personnel.

1. WHAT IS PERSONAL INFORMATION?

When we use the term “personal information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.

2. OUR COLLECTION OF PERSONAL INFORMATION

We collect personal information in several ways. Sometimes we collect personal information directly from you and sometimes we collect the personal information automatically when you interact with our Services. At times, we may collect personal information about you from other sources and third parties and combine that information with other information we collect from you.

Personal Information You Provide to Us

We may collect the following personal information in connection with our Services:

• Contact Information, including name and email address.
• Additional Information You Provide, including information you send to us using the contact information provided on our Services or that you provide directly to a member of the Vista Point team.

Personal Information Automatically Collected

As is true of most digital platforms, we and our third-party providers may also collect personal information from your device, browsing actions, and site usage patterns automatically when you visit or interact with our Services, which may include:

• Log Data, such as internet protocol (IP) address, operating system, browser type, browser ID, the URL entered and the referring page/campaign, date/time of visit, the time spent on our Services, and any errors that may occur during the visit to our Services.
• Analytics Data, such as the electronic path taken to our Services, through our Services, and when exiting our Services, as well as usage and activity on our Services. For information about our and our third-party providers’ use of cookies and related technologies to collect information automatically, and any choices you may have in relation to its collection, please review the Cookies and Related Technologies section below.

Personal Information from Third Parties

We also obtain personal information from third parties, which we combine with personal information we collect either automatically or directly from an individual.

• Social Media: When you interact with our Services through various social media networks, such as when you communicate with us, follow us or share our content on LinkedIn or Twitter, we may receive some information about you that you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review and, if necessary, adjust your privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services.
• Service Providers: Our service providers that perform services solely on our behalf, such as website hosting and marketing providers, collect personal information and often share some or all of this information with us.
• Information Providers: We may from time to time obtain information from third-party information providers to correct or supplement personal information we collect. For example, we may obtain updated contact information from third-party information providers to reconnect with an individual.
• Publicly Available Sources: We collect personal information about you that we do not otherwise have, such as contact information, employment-related information, and interest-in-services information, from publicly available sources. We may combine this information with the information we collect from an individual directly. We use this information to contact you, to send advertising or promotional materials or to personalize our Services and to better understand the demographics of the individuals with whom we interact.

3. OUR USE OF PERSONAL INFORMATION

We use personal information we collect to:

• Fulfill or meet the reason the information was provided, such as to fulfill our contractual obligations and to deliver the Services you have requested;
• Manage our organization and its day-to-day operations;
• Communicate with you, including via email, text message, social media and/or telephone calls;
• Administer, improve and personalize our Services, including by recognizing you and remembering your information when you return to our Services;
• Identify and analyze how you use our Services;
• Conduct research and analytics on our client base and our Services;
• Improve and customize our Services to address the needs and interests of our client base and other individuals we interact with;
• Test, enhance, update and monitor the Services, or diagnose or fix technology problems;
• Help maintain the safety, security and integrity of our property and Services, technology assets and business;
• Defend, protect or enforce our rights or applicable contracts and agreements;
• Prevent, investigate or provide notice of fraud or unlawful or criminal activity; and
• Comply with legal obligations.

4. OUR DISCLOSURE OF PERSONAL INFORMATION

We disclose personal information in the following ways:

• Service Providers: We share information with third-party service providers that perform services for or on our behalf, which may include identifying and serving targeted advertisements, facilitating communications with individuals that submit inquiries, and providing customer relationship management services, tax and accounting services, fraud prevention, website hosting, infrastructure provisioning, IT services, analytics services, or administrative services.
• Business Transaction or Reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose personal information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. personal information may also be disclosed in the event of insolvency, bankruptcy or receivership.
• Legal Obligations and Rights: We may disclose personal information to third parties, such as legal advisors and law enforcement:

  • in connection with the establishment, exercise, or defense of legal claims;
  • to comply with laws or to respond to lawful requests and legal process;
  • to protect our rights and property and the rights and property of others, including to enforce our agreements and policies;
  • to detect, suppress, or prevent fraud;
  • to protect the health and safety of us and others; or
  • as otherwise required by applicable law.

• Otherwise With Consent or Direction: We may disclose personal information about you to certain other third parties or publicly with your consent or direction.

5. COOKIES AND RELATED TECHNOLOGIES

Overview of Cookies

We and our third-party providers may use (i) cookies or small data files that are stored on an individual’s computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”) to automatically collect this personal information. We use the following types of cookies:

• Strictly Necessary Cookies: These cookies enable core functionality such as security, network management and accessibility. You may disable these by changing your browser settings, but this may affect how the Services function. The legal basis for our use of strictly necessary cookies is our legitimate interests, namely being able to provide and maintain our Services.
• Functionality Cookies: These enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in. The legal basis for our use of functionality cookies is our legitimate interests, namely being able to provide and maintain our Services.
• Analytical/Performance Cookies: These cookies allow us to recognize and count the number of visitors to our Services, and to see how visitors move around our Services when they are using them. This helps us to improve the way our Services work, for example, by ensuring that users are finding what they are looking for easily. For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to collect and view reports about the traffic on our Services. More information about the use of Google Analytics for these analytical and non advertising purposes can be obtained by visiting Google’s privacy policy here and Google’s currently available opt-out options are available here.
• Targeting and Advertising Cookies: These cookies are used to track visitors across our Services, on other websites or mobile apps and to serve relevant ads, personalize content and perform other advertising-related services such as reporting, attribution, analytics and market research.

Your Choices Relating to the Use of Cookies

If you would prefer not to accept cookies, most browsers will allow you to change the setting of cookies by adjusting the settings on your browser to (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) automatically reject cookies. Please note that doing so may negatively impact your experience using our Services, as some features and offerings may not work properly or at all. Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

Additional Choices Relating to Advertising Cookies

Please note our third-party providers may directly collect personal information about your online activities over time and across different websites when you use our Services for purposes of providing online behavioral or interest-based advertising services. These ad networks, social media companies and other third-party businesses collect your personal information directly from your browser or device through cookies or similar tracking technology when you visit or interact with our Services or otherwise engage with us online. For example, they may collect a cookie or device ID, browsing history and website usage, and inferences generated from your browsing history and interactions with our Services as well as other sites and services. To learn more about interest-based advertising and how you may be able to opt out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at www.networkadvertising.org/choices, and/or the Digital Advertising Alliance’s resources at www.aboutads.info/choices.

6. CHILDREN’S PERSONAL INFORMATION

Our Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. If an individual is under the age of 13, they should not use our Services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 13 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems. If we learn that any personal information we collect has been provided by a child under the age of 13, we will promptly delete that personal information.

7. REGION-SPECIFIC DISCLOSURES

California Privacy Rights

This section applies to you if you are a resident of the state of California. California law requires us to disclose certain information regarding the categories of personal information we collect.

Collection and Use of Personal Information

In the last 12 months, we have collected the following categories of personal information: (i) identifiers, including your name and email; (ii) commercial information, such as services purchased, obtained or considered; (iii) internet or network information, such as device information and logs and analytics data; and (iv) inferences, such as information drawn from the above categories of personal information about consumer preferences, characteristics, behavior, attitudes and aptitudes. To learn more about the types of personal information we collect, the sources from which we collect it, and the purposes for which we use this information, please refer to Our Collection of Personal Information and Our Use of Personal Information above.

Disclosure of Personal Information

In the last 12 months, we have disclosed all of the categories of personal information we collect to third parties for business purposes. The categories of third parties to whom we disclose your personal information such purposes include: (i) our service providers; (ii) ad networks and advertising partners; (iii) analytics providers; and (iv) social networks. To learn more about how we disclose personal information to third parties, please refer to Our Disclosure of Personal Information above.

“Sales” and Online Advertising

We do not “sell” personal information as most people would typically understand that term. However, we do allow certain third-party advertising partners to collect personal information about individuals through our Services for purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for ad fraud detection and reporting, which could constitute “sales” of personal information.

In the last 12 months, we have shared identifiers, internet or network information, and inferences with our advertising partners. If you do not want to receive tailored advertisements, please see Your California Privacy Rights below.

Your California Privacy Rights

As a California resident, you may be able to exercise the following rights in relation to the personal information that we have collected about you (subject to certain limitations at law):

• The Right to Access/Know: You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months: the categories or specific pieces of personal information we have collected about you; the categories of sources of the personal information; the categories of personal information that we have sold or disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed; and the business or commercial purposes for collecting or selling the personal information.
• The Right to Request Deletion: You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.
• The Right to Opt Out of Personal Information Sales: You have the right to direct us not to sell personal information we have collected about you to third parties now or in the future. You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide our Services or engage with you in the same manner.

How to Exercise Your California Consumer Rights

You may submit a request to exercise your rights through one of the mechanisms described below. Before processing your request, we will need to verify your identity and confirm you are a California resident. This may require us to request additional personal information from you. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law. To access, modify or delete your personal information, please submit a request by emailing us at privacy@vistapointadvisors.com with the subject line, “California Rights Request”. To opt out of personal information sales, please contact us at privacy@vistapointadvisors.com to be added to our suppression list.

“Shine the Light” Law

If you have an established business relationship with us, you may have rights to know how your information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code § 1798.83). To make such a request, please send an email to privacy@vistapointadvisors.com.

Authorized Agents

In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth in this CA Notice where we can verify the authorized agent’s authority to act on your behalf. For requests to know or delete personal information, we require the following for verification purposes:

• A power of attorney valid under the laws of California from you or your authorized agent; or
• Sufficient evidence to show that you have:

  1. Provided the authorized agent signed permission to act on your behalf; and
  2. Verified your own identity directly with us pursuant to the instructions set forth in this CA Notice; or directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.

Nevada Privacy Rights

If you are a resident of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Although we do not currently sell covered information, please contact us at privacy@vistapointadvisors.com to submit such a request.

European Privacy Rights

This section applies to you if you are a resident of a member state of the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland. The General Data Protection Regulation requires us to disclose certain information regarding the personal information we collect about you and your rights in respect of personal information that we hold.

Legal Bases for Processing Your Personal Information

We collect personal data as set out in the “Our Collection of Personal Information” and “Our Use of Personal Information” sections of our Privacy Notice. Our processing of your personal information is based on the following legal grounds:

• Consent: We may need your consent in connection with various promotional activities, such as deploying certain advertising and analytics cookies when you use our Services. Where we need your consent, you have the right not to provide consent, or to withdraw it at any time. The withdrawal of your consent does not affect the lawfulness of our use of your personal information before your withdrawal. If you have granted us consent to use your personal information, we will use it only for the purposes specified in the consent declaration. Please note that to the extent our processing is based on your consent and you deny your consent or withdraw it, we may not be able to provide our Services. Besides from that, neither the initial denial nor a withdrawal will have any negative consequences for you.
• Perform or Enter into a Contract or Quasi Contractual Relationship with You: We rely on this legal basis to (i) process your personal information in connection with any investments, and (ii) to communicate with you, such as to respond to your inquiries or provide support.
• Compliance with Legal Obligations: We may be obliged to process personal information to comply with our legal obligations, for example where we are required to retain data for tax or commercial legal purposes or where we must comply with regulatory requirements.
• Legitimate Interests: We may base the processing of your personal information on our legitimate interests where (i) the legal bases listed above do not apply and (ii) where the processing of your personal information is necessary for our legitimate interests. This may include the following cases:

  • to protect our rights and the rights of our clients;
  • to prevent, investigate, and defend against fraud, unlawful or criminal activity, unauthorized access to or use of personal information and our data system services;
  • to investigate and resolve disputes and security issues;
  • to provide you with the Services;
  • to communicate with you and reply to your questions or comments submitted to us by any means; and
  • to pursue or defend against legal claims.

Where we process your personal information based on our legitimate interests, we will only do so where we have appropriately assessed and balanced our interests against your right to privacy.

Data Retention

We will only store the personal information we collect about you for as long as necessary for the purposes of collection as set out in this Privacy Notice, unless a longer retention period is required by applicable law. If we are required by applicable law to store your personal information beyond this period (e.g., for tax and commercial law reasons), we will delete the personal information after the end of this storage period.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use and disclosure of your personal information, the purposes for which we process the personal information, and the applicable legal requirements. After the expiration of the retention period, we will delete or anonymize your personal information.

If, after you sign up for our newsletter, you unsubscribe from our mailing list, we will delete your personal information from our mailing lists. However, we might store your email address in a suppression list to ensure that you will not receive any further communication.

Personal Information Transfers

If you are located in the European Economic Area, the United Kingdom, or Switzerland, your personal information will be transferred to the United States or any other country where we have operations. Please be aware that United States laws have not yet been acknowledged as providing for a data protection standard which is adequate to the ones within your jurisdiction. For more information about the safeguards relating to personal information transfers please contact us using the information under Contact Us below.

Your Rights

You are entitled to the following rights regarding the personal information that we hold:

• Right of Access: The right to obtain access to your personal information.
• Right to Rectification: The right to obtain rectification of your personal information where that personal information is inaccurate or incomplete.
• Right to Erasure: The right to obtain the erasure of your personal information in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed.
• Right to Restriction: The right to obtain the restriction of the processing undertaken by us on your personal information in certain circumstances, such as where the accuracy of the personal information is contested by you, for a period enabling us to verify the accuracy of that personal information.
• Right to Object: The right to object to any processing justified by legitimate interests based on grounds relating to your situation at any time. Should you decide to object to the processing of your personal information, we will stop processing personal information concerning you, unless we can demonstrate compelling reasons for continuing to process your personal information that override your interests, rights and freedoms or in the case that we establish, exercise, or defend our legal claims. You can object to direct marketing activities at any time for any reason.
• Right to Data Portability: The right, in certain circumstances, to receive a copy of the personal data you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person
• Right to Withdraw Consent: If you have provided your consent to process your personal information, you have the right to withdraw your consent at any time. The withdrawal of your consent does not affect the lawfulness of our use of your personal information before your withdrawal. In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

To exercise one of these rights, please contact us using the information provided in Contact Us below. You also have the right to lodge a complaint to your local data protection authority. Information about how to contact your local data protection authority is available here.

8. LINKS TO THIRD-PARTY WEBSITES OR SERVICES

Our Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.

9. UPDATES TO THIS PRIVACY NOTICE

We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify you by prominent posting on our Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.

10. CONTACT US

If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to privacy@vistapointadvisors.com.

Alternatively, inquiries may be addressed to:

Vista Point Advisors, LLC 555 Mission St., Suite 2650 San Francisco, CA 94105