1. Key Terms. It would be helpful to start by explaining some key terms used in this policy:
|We, us, our||Mid Atlantic Capital Group, Inc., and its subsidiaries and affiliates (together, “Mid Atlantic”): Mid Atlantic Capital Corporation; Mid Atlantic Trust Company; Mid Atlantic Financial Management, Inc.; Mid Atlantic Clearing & Settlement Corporation; First Mercantile Trust Company (“FMT”); and American Trust Retirement, a division of FMT|
|Consumer, you, your||Any natural person who is a resident in the state of California for other than a temporary purpose or domiciled in the state of California and outside of the state for a temporary or transitory purpose|
|Our data protection officer||Bob Drelick, CIO/CISO EdgeCo Holdings|
|Personal information||Information that identifies, relates to, describes or is capable of being associated with or linked to a particular consumer or household, excluding deidentified data and aggregate information.|
2. Personal Information We Collect About You. We may collect and use the following personal 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:
|Categories of Personal Information||Specific Types of Personal Information Collected|
|Identifiers (e.g., real name or alias, postal address, username, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or similar)||Name, mailing address, username, email address, social security number, driver’s license number, passport number|
|Information that identifies, relates to, describes, or is capable of being associated with, a particular consumer (e.g., name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information)||Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, employment, bank account number, other financial information|
|Characteristics of protected classifications under California or federal law.||To the extent stated on government-issued identification documents (e.g., driver’s license, passport): race, ethnicity, gender, national origin, age|
|Commercial information (e.g., purchasing or consuming histories or tendencies)||N/A|
|Biometric information||Fingerprints (certain employees only)|
|Internet or other electronic network activity information (e.g., browsing history, search history, information regarding a consumer’s interaction with an internet website/application/advertisement)||N/A|
|Audio, electronic, visual, thermal, olfactory, or similar information||N/A|
|Professional or employment-related information||Employment-related information as it concerns retirement accounts|
|Non-public education information that is personally identifiable information, as defined in the Family Educational Rights and Privacy Act (FERPA)||N/A|
|Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes||N/A|
This personal information is required to provide products and/or services to you. If you do not provide personal information we request, it may delay or prevent us from providing products and/or services to you.
3. How Your Personal Information is Collected. We collect most of this personal information from your employer or directly from you in person, by telephone, by text or email and/or via our secure website. However, we may also collect information:
- From publicly accessible sources (e.g., property records);
- Directly from a third party (e.g., sanctions screening providers, credit reporting agencies, or customer due diligence providers);
- From a third party with your consent (e.g., your bank);
- From cookies on our website; and
- Door entry systems and reception logs; and/or
- Automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging system.
4. How and Why We Use Your Personal Information. Under data protection law, we can only use your personal information if we have a proper reason for doing so, such as:
- To comply with our legal and regulatory obligations;
- For the performance of our contract with you or to take steps at your request before entering into a contract;
- For our legitimate interests or those of a third party; or
- Where you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
The table below explains how we use your personal information for and our reasons for doing so:
|We use your personal information for:||Our reasons for use:|
|To provide you with services related to your retirement plan account(s)||For the performance of our contract with or concerning you|
|To prevent and detect fraud against you or the entity or entities responsible for your retirement account(s)||For our legitimate interests or those of a third party, i.e., to minimize fraud that could be damaging for us and for you|
Conducting checks to identify our customers and verify their identity
Screening for financial and other sanctions or embargoes
Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under fraud prevention laws or rules issued by our professional regulators
|To comply with our legal and regulatory obligations|
|Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies||To comply with our legal and regulatory obligations|
|Ensuring business policies are adhered to, e.g. policies covering security and internet use||For our legitimate interests or those of a third party, i.e., to make sure we are following our own internal procedures so we can deliver the best service to you|
|Operational reasons, such as improving efficiency, training and quality control||For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you at the best price|
|Ensuring the confidentiality of commercially sensitive information||For our legitimate interests or those of a third party, i.e., to protect trade secrets and other commercially valuable information
To comply with our legal and regulatory obligations
|Statistical analysis to help us manage our business, e.g., in relation to our financial performance, customer base, product range or other efficiency measures||For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you at the best price|
|Preventing unauthorized access and modifications to systems||For our legitimate interests or those of a third party, i.e., to prevent and detect criminal activity that could be damaging for us and for you
To comply with our legal and regulatory obligations
|Updating and enhancing customer records||For the performance of our contract with or concerning you
To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, e.g., ensuring we can promptly and efficiently provide services concerning your account(s)
|Statutory returns||To comply with our legal and regulatory obligations|
|Ensuring safe working practices, staff administration and assessments||To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, e.g., to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
|Marketing our services and those of selected third parties to: existing and former customers; third parties who currently benefit from or receive, or who have previously benefitted from or received, our services.||For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers|
|Credit reference checks via external credit reference agencies||For our legitimate interests or those of a third party, e.g., as part of or in connection with employee background checks|
|External audits and quality checks, e.g., for the audit of our accounts||For our legitimate interests or a those of a third party, i.e., to maintain our accreditations so we can demonstrate we operate at the highest standards
To comply with our legal and regulatory obligations
5. Promotional Communications. We may use your personal information to send you updates (by regular mail or email) about our products and/or services, including promotions or new products and/or services.
We have a legitimate interest in processing your personal information for promotional purposes (see “How and Why We Use Your Personal Information,” above). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal information with the utmost respect and never, for marketing purposes, sell that information to or share it with other organizations outside of American Trust Retirement.
You have the right to opt out of receiving promotional communications at any time by:
- Using the “unsubscribe” link in emails; or
- Submitting a request according to “How to Contact Us,” below.
We may ask you to confirm or update your marketing preferences if you instruct us to provide further products and/or services in the future, or if there are changes in the law, regulation, or the structure of our business.
6. Who Has Access to Your Personal Information: We occasionally share consumers’ personal information with:
- Our affiliates, including companies within American Trust Retirement (as defined above);
- Service providers, with whom we contract to supply you with our products and services, such as payment, recordkeeping and other administrative service providers;
- Other third parties with whom we contract to help us run our business, such as website hosts;
- Our insurers and brokers; and
- Our bank(s).
We only allow our service providers to handle your personal information if we are assured that they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers in order to ensure that they protect your personal information and only use your personal information to provide services to us and to you. We may also share personal information with external auditors, as appropriate and necessary to accomplish an audit of our accounts.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
We will not share your personal information except as necessary to conduct our business operations and provide you with the products and services related thereto.
7. Personal Information Sold or Disclosed for a Business Purpose. We do not sell your personal information. In the preceding 12 months, we have disclosed for a business purpose to one or more third parties the following categories of personal information that identifying, related to, describing, capable of being associated with or which could reasonably be linked, directly or indirectly, with a particular consumer or household:
- Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name or username, social security number, driver’s license number, passport number, or other similar identifiers);
- Other information that identifies, relates to, describes or is capable of being associated with a particular consumer, including, but not limited to their: signature, social security number, physical characteristics or description, telephone number, passport number, state identification card number, employment, bank account number or other financial information;
- Characteristics of protected classifications under California or federal law;
- Commercial information;
- Biometric information (Mid Atlantic employees only);
- Internet or other electronic network activity information regarding a consumer’s interaction with an internet website, application, or advertisement;
- Audio, electronic, visual, thermal, olfactory, or similar information;
- Professional or employment-related information;
- Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA); and
- Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
8. Where Your Personal Information is Held. Information may be held at our offices and those of our affiliates and associated persons or representatives, as well as with third party agencies, service providers, representatives and agents as described above (see above: “Who We Provide with Your Personal Information,” above).
9. How Long Your Personal Information Will Be Kept. We will keep your personal information while you have an account with us or while we are providing products and/or services to you. Thereafter, we will keep your personal information for as long as is necessary:
- to respond to any questions, complaints or claims made by you or on your behalf;
- to show that we treated you fairly; or
- to keep records, and for the duration of any record retention period(s), required by law.
We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply to different types of personal information, but generally we retain records (including those containing personal information) for up to seven years, in accordance with applicable requirements under statutes and regulations promulgated by federal regulators and their authorized delegates (e.g., Securities and Exchange Commission, Internal Revenue Service, Department of Labor).
When it is no longer necessary to retain your personal information, we will delete or anonymize it.
10. Keeping Your Personal Information Secure. We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. [We continually test our systems ensuring we proactively monitor for new threats and we follow industry standards for information security. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator in the event of a suspected data security breach and where we are legally required to do so.
- Complete our data subject request form.
- Call us, toll-free, at 833-855-5838; or
- Email us at email@example.com.
- Please note that you may only make two CCPA-related data access or data portability disclosure requests within a 12-month period.
- If you choose to contact us using any of the methods above, you will need to provide us with:
- Enough information to identify you (e.g., your full name, address AND account name/number);
- Proof of your identity and address (e.g., a copy of your driver’s license, state identification card or passport AND a recent utility or credit card bill); and
- A description of the right you wish to exercise and the information to which your request relates.
We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is either the person about whom we collected information or someone authorized to act on such person’s behalf.
Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.
12. Changes to This Privacy Notice. This privacy notice was published on January 1, 2020, and last updated on December 31, 2019.
We may change this privacy notice from time to time. When we do, we will inform you via our website or, only where appropriate, other means of contact such as email.
|Our Contact Details||Our Data Protection Officer’s Contact Details|
|Mid Atlantic Capital Group, Inc.
c/o Bob Drelick, Chief Information Officer & Chief Information Security Officer
|1251 Waterfront Place, Suite 510
Pittsburgh, PA 15222
|(833) 855-5838||(833) 855-5838|
14. Do You Need Extra Help? If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to Contact Us,” above).
©American Trust Retirement, a division of First Mercantile Trust
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