updated OCTOBER 18, 2022
EFFECTIVE DATE: February 20, 2024
Investor Privacy Policy
This Privacy Policy (“Policy”) describes how ASB Capital Management LLC and our brands, affiliates, and subsidiaries (“ASB,” “we,” “us,” and “our”) collect, use, and disclose your Personal Information when you visit any of our websites (the “Sites”) or otherwise interact with any of our features or services that reference this Policy (collectively, the “Services”). This Policy also explains how you can exercise certain rights you may have in connection with your privacy and personal information.
Your use of our Services, and any dispute over privacy, is subject to this Policy.
We take a layered approach to our privacy statements. This Policy applies to our handling of Personal Information if you are an investor in a fund, collective investment trust or other investment vehicle for which we act as investment advisor (collectively, “Investors”). For more information regarding our general privacy practices, please visit our Website Privacy Policy available at: https://asbcm.com/privacy-policy.
For ease of reference, you may click on any of the following links to jump to one of the sections addressed below:
2. Scope of this Privacy Policy
3. Changes to this Privacy Policy
5. Personal Information We Collect, Use and Share
7. Do Not Track
8. Information Regarding Children
10. Retention and Disposal of Personal Information
11. Securing Personal Information
13. Links
15. Contact Us
Our privacy commitments are fundamental to the way we run our business. These commitments apply to everyone who has a relationship with us - including customers, partners and website visitors. We are committed to providing you with the best overall experiences in all of our products and services. We strive to strike the right balance between using your data to ensure the quality of those experiences and protecting your privacy.
This Policy covers only the Services identified above and does not apply to information which you may send us by other means. Other ASB sites, locations, and services, whether online or offline, may have their own privacy policies, and you should consult those accordingly.
If you are within or are a resident of a member nation of the EUROPEAN ECONOMIC AREA (the “EEA,” which includes the 27 European Union Member States, Iceland, Lichtenstein and Norway), Switzerland or the United Kingdom (“UK”) (collectively, the “EU”), you are not authorized to use these Services.
Changes to this Privacy Policy
ASB reserves the right to make changes to this Policy at any time. Our Policy’s effective date will always be set forth at the beginning and end of the Policy. Any changes will be immediately incorporated into this Policy and will be prospective only. We will not make any changes that have retroactive effect unless legally required to do so.
Any change to this Policy is effective immediately and Investors will always be notified prior to these changes taking effect. Your continued use of the Services after any changes are made to this Policy constitutes your acceptance of the changes. If any changes are unacceptable to you, you should cease all use of the Services.
Personal Information We Collect, Use and Share
Personal information is generally defined as information that, by itself or in combination with other information, identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, device, or household (“Personal Information”). Personal Information can include, but is not limited to, your name, address, telephone number, email address, username and password, IP address or other online identifiers, browsing or search history, credit/debit card number or other financial information, professional or employment-related information, office address and other business information, demographic information, consumer preferences, biometric information such as fingerprints, precise location information, or any other type of information that, directly or indirectly, can be linked to or is reasonably capable of being associated with you.
We will only collect, use and share your personal information where we are satisfied that we have a legal basis to do so. In these cases we will look after your information at all times in a way that is proportionate and respects your privacy rights. We will not take any action that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.When using ASB Services, we may collect, use, and share the following categories of Personal Information from you in the following ways:
Categories of Personal Information we collect | We may collect this Personal Information when you… | We collect this Personal Information so that we may… | Types of third parties that may receive this Personal Information |
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Contact information such as your name, email, phone number, and address. |
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Message contents if you contact us, such as when you send us an email, we may collect records and copies of your correspondence, including your name, email, and any other information you choose to provide or communicate to us while using the Services. |
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Preferences you may select regarding communication and the types of Services you use |
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When you visit our Site, we may automatically collect information such as IP address, unique device identifiers, operating system, and other information related to the device used to access our Services. |
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We may collect information related to how you interact with the Services and advertisements, such as referring and exit web pages and URLs, browsing history, and other similar information. As described below in the “Our Use of Cookies” section, we may use analytics providers and technologies, including cookies and similar tools, to collect this information. |
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When you use the Services, we may collect Personal Information about you through our affiliates, business partners, and vendors who provide services on our behalf. |
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In the past twelve months, we have not sold any personal information.
Information Regarding Children
ASB’s Services are intended for individuals 18 years of age and older. Our Services are not directed at, marketed to, nor intended for, children under 16 years of age. ASB does not knowingly collect or sell any information, including Personal Information, from children under 16 years of age. If ASB learns that it has collected any information regarding a person younger than 16 years of age, ASB will delete or destroy the information immediately.
If there is concern that information regarding a person younger than 16 years of age was somehow collected by ASB, any minor, or the parent(s) or legal guardian(s) of such minor, who wishes to request the removal of the minor’s information should submit their request by using the contact details provided in the “Contact Us” section below.
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. The types of personal information we collect and share depend on the product or service you have with us. All financial companies need to share customers’ personal information to run their everyday business.
If you are a new Investor, we can begin sharing your information [5] days from the date you receive this notice, providing a reasonable opportunity to opt-out. When you are no longer our customer, we continue to share your information as described in this notice. However, you may use the contact details provided in the “Contact Us” section below at any time to limit our sharing.
Federal law gives you the right to limit:
- Sharing information about your creditworthiness for affiliates’ everyday business purposes
- Affiliates from using your information to market to you
- Sharing for nonaffiliates to market to you
Affiliates: Companies related by common ownership or control. They can be financial and nonfinancial companies. For a list of these companies, you may use the contact details provided in the “Contact Us” section below.
Nonaffiliates: Companies not related by common ownership or control. They can be financial and nonfinancial companies. For a list of these companies, you may use the contact details provided in the “Contact Us” section below.
We provide you with certain rights regarding your personal data, subject to certain exceptions and limitations. Those rights include -
- Right to request access to the personal data we have collected about you, restrict the processing of specific pieces of personal information we collected about you and learn how we collect this information, our purpose in collecting it,
- Right to correct or delete the personal data we have collected from you,
- Right to opt-out of the sale or sharing of your personal data,
- Right to limit use and disclosure of sensitive personal information, if applicable and
- Right not to receive discriminatory treatment for the exercise of [the relevant] privacy rights conferred by applicable laws.
If applicable under CPRA, “Sensitive personal information” means: (A) personal information that reveals your social security, driver’s license, state identification card, or passport number; account log‐in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, or union membership; the contents of your mail, email and text messages, unless we are the intended recipient of the communication; genetic data; and the processing of biometric information for the purpose of uniquely identifying you; (B) personal information collected and analyzed concerning your health; or (C) personal information collected and analyzed concerning your sex life or sexual orientation. Note that “Sensitive personal information” excludes information that is made publicly available.
We do not use or disclose sensitive personal information for purposes to which the right to limit use and disclosure applies under the CCPA.
If you would like to access, review, edit, delete or have us properly dispose of any copies of the Personal Information that ASB collected about you (subject to any applicable legal exceptions), or if you would like to exercise the above rights in any other way, please contact us at [email protected].
You may be able to opt-out of ASB sharing your Personal Information with the entities identified in this Policy by sending us an email at the address above, unless the sharing of your Personal Information is necessary to perform one of the following business purposes: to count ad impressions and evaluate their effectiveness; to detect, protect against, and prosecute security incidents; to debug or troubleshoot functional errors that may arise with the Services; to complete short-term tasks related to an existing interaction you have with ASB; to maintain or service your account; to process payments and fulfill orders or other transactions you authorize; to verify your customer information; and to ensure the safety and quality of the Services.
ASB will do its best to accommodate any request to delete or properly dispose of any copies of your Personal Information, but we cannot guarantee we can eliminate all Personal Information from the specified uses. Therefore, please be as specific as possible in any request to delete or dispose of copies of your Personal Information. We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise to perform a contract we entered into with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546);
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation; or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
If you choose to delete certain portions of your Personal Information, it may affect your ability to use certain ASB Services. If the request relates to information that ASB needs to make the Site or other Services function properly for you, you may no longer be able to use those Services. Any removal of content by ASB does not ensure or guarantee complete or comprehensive removal of the content in all places. The content may have been shared or reposted by other parties, or federal or state law may require maintenance of the content or information.
You may grant an authorized agent written permission to submit requests regarding your Personal Information, but we may deny authorized agent requests absent proof that you authorized such agent to act on your behalf, or if we are unable to verify your identity.
ASB is required to verify the identity of any person or entity that requests the disclosure or deletion of Personal Information. If you have a password-protected account with us, we will use our existing authentication procedures to verify your identity. For most other consumer requests, ASB will ask you to provide information that matches at least two pieces of personal information we store about you before responding to your request. If you would like to request the specific pieces of your personal information that ASB has collected, or if you would like us to delete highly sensitive information, you will need to match at least three pieces of information we store about you, and you must provide a signed declaration under penalty of perjury that you are the consumer whose personal information you are requesting.
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. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
We may send periodic promotional emails to you. You may opt-out of promotional emails by following the opt-out instructions contained in the email. If you opt-out of receiving promotional emails, we may still send you emails about other services you have requested to receive from us.
Retention and Disposal of Personal Information
ASB retains collected information for a reasonable amount of time in order to fulfill the stated purpose for why the information was collected. ASB will also retain collected information connected to business records for periods of time required by law. If ASB determines that collected information is no longer needed, it will delete such information.
ASB is committed to protecting the privacy and confidentiality of your personal information. We maintain physical, electronic and procedural safeguards to protect the information against loss, misuse, damage or modification and unauthorized access or disclosure. Some of the other central features of our information security program are:
- A dedicated group that designs, implements and provides oversight to our information security program;
- The use of specialized technology such as firewalls;
- Testing of the security and operability of products and services before they are introduced to the Internet, as well as ongoing scanning for publicly known vulnerabilities in the technology;
- Internal and external reviews of our Internet sites and services;
- Monitoring of our systems infrastructure to detect weaknesses and potential intrusions;
- Implementing controls to identify, authenticate and authorize access to various systems or sites;
- Protecting information during transmission through various means including, where appropriate, encryption; and
- Providing ASB personnel with relevant training and continually updating our security practices in light of new risks and developments in technology.
Nothing in this Policy restricts our ability to:
- Comply with federal, state, or local laws;
- Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
- Cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local law;
- Exercise or defend legal claims;
- Detect security incidents and protect against fraudulent or illegal activity and prosecute those responsible for such activity; or
- Transfer Personal Information as part of a merger or acquisition, dissolution, bankruptcy, or any other transaction in which a third party assumes control of all or part of our business.
This Policy is current as of the Effective Date set forth above. Per the Gramm-Leach-Bliley Act (GLBA), ASB Investors are considered “customers” and will receive updates of this Policy before any changes are put into effect, as well as disclosure on an annual basis. ASB does not need to send annual privacy notices if:
- ASB shares non-public information (NPI) with nonaffiliated third parties only under the exceptions of Subpart C of 12 CFR Part 1016 (Regulation P), which do not require a consumer opt-out; and
- ASB’s practice of sharing NPI has not changed since the last annual privacy notice was sent. Changes to elements of the annual privacy notice that do not address information sharing, including information collection, confidentiality, and security practices, do not affect the exception. Changes in affiliate sharing practices and opt-outs covered by the Fair Credit Reporting Act (FCRA) are also excluded from this provision.
If you have questions about this Policy, the privacy aspects of our Site or Services, or would like to make an inquiry, complaint, or dispute, please contact us at:
Privacy Team c/o Legal Department
ASB Capital Management LLC
7501 Wisconsin Avenue
Suite 1300W
Bethesda, MD 20814
Email: [email protected]
ASB intends to strictly enforce this Policy. If you believe there has been some violation of this Policy, please contact ASB.
This Policy was last updated: February 20, 2024