European Union General Data Protection Regulation Privacy Notice

This Privacy Notice describes how Freestone Capital Management, LLC (collectively, “Freestone,” “we,” “us” or “our”) treats personal data of individuals in the European Economic Area (“EEA”). The information in this Notice is provided pursuant to the European Union’s General Data Protection Regulation (“GDPR”) with regard to our actions as data controllers.

This Privacy Notice only applies to EU residents (“you” or “your”) and does not apply to any other person.

Defining Personal Data

Various laws and regulations (including the GDPR) use different terms and definitions for information about individuals that is personal and should be protected. Some laws and regulations consider only very limited types of information to be protected and private. Others include much broader categories.

In this notice, “Personal Data” refers to data that could be used, alone or in combination with other data, to identify you as an individual. It can include name, physical address, email address, IP address, date of birth, social security number, passwords, credit card or other financial or payment information, and more.

The GDPR and Your Personal Data Rights

The European Union’s GDPR is a sweeping piece of legislation that grants you increased control over your personal data.

The GDPR allows you to access your personal data and find out details of how that data is processed, to rectify inaccurate personal data, to have your data erased (when certain conditions are met), to restrict processing of your data, and more. It requires affected companies to create processes to comply with and facilitate consumer data requests, to update their privacy policies, and to ensure that personal data is secured.

Basis for and Purposes of Data Processing

We collect and process your personal data for purposes of providing wealth, investment and asset management services to you.

We also process your personal data in order to comply with applicable U.S. laws. Basis for such processing are our legitimate interests, as we could not provide you with the required services unless we complied with U.S. laws.

We also process your personal data for direct marketing purposes. You have the ability to opt out of direct marketing, though that may result in our inability to continue to maintain a business relationship with you.

Legal Basis

We have a need to process your Personal Data for the purposes set out in this Privacy Notice as a matter of contractual necessity under or in connection with the applicable contract governing our relationship with you, and in our legitimate interests to operate our businesses. From time to time, we may need to process Personal Data on other legal bases, including: to comply with a legal obligation; if it is necessary to protect the vital interests of an client, investor or other data subjects; or if it is necessary for a task carried out in the public interest.

Failure to provide your Personal Data as requested by us to fulfill the purposes described in this Privacy Notice may result in us being unable to provide the services in connection with the terms of our contracts with you.

Types of Collected Personal Data

We collect some of your Personal Data. This section explains the Personal Data that may be collected when using our services, and some other information we may receive from other sources. Examples include:

  • Contact details, such as your full name, e-mail address, postal address and telephone number;
  • Background information;
  • Usernames and passwords;
  • Payment information;
  • Feedback submitted to Freestone for support; and
  • Interests and communication preferences including marketing permissions where appropriate.

Personal Data Not Obtained From You

We obtain personal information about you from other sources, including publicly accessible sources, in order to assist us in verifying your identity.

Recipients of Personal Data

We share your personal data with affiliated and unaffiliated service providers to help conduct our business.

Among other things, our service providers provide: (a) professional, audit, accounting, and tax services; (b) public relations, including learning and development; (c) marketing and promotional events; (d) network platforms; (e) portfolio management, trading, reporting, electronic signature, proxy voting, class action filing and financial planning services; (f) administrative services, such as printing and mailing; and (g) legal, governmental, and regulatory support.

International Transfers

Freestone is based in the United States (a country for which the EEA has not issued an adequacy decision on the protection of personal data). We will put in place appropriate safeguards such as the EU-approved standard contractual clauses to ensure that your Personal Data is treated in a manner that is consistent with and respects the EU laws on data protection. If you require further information you can request it by emailing compliance@freestonecapital.com.

Data Storage Period

We process and store personal data for as long as is required to provide services, which is typically for the duration of our contract with you or your designee. The criteria used to determine extended data storage (such data will be kept confidential, unless otherwise required by law) depend on our responsibilities to comply with regulatory and legal requirements, along with corporate standards, prevent fraud and market abuse, and maintain cyber and information security and privacy protections, as well as data integrity and system controls.

Your GDPR Rights

You can exercise or address these rights (subject to retention and other requirements under applicable law) by contacting us at this toll-free number (800) 990-3001, emailing compliance@freestonecapital.com, or submitting a Data Subject Access Request form.

  1. Access. You have the right to obtain access to your Personal Data.
  2. Rectification. You have the right to ask for incorrect, inaccurate, or incomplete Personal Data to be corrected.
  3. Erasure. You have the right to request that Personal Data be erased.
  4. Restriction on processing. You have the right to request the restriction of the processing of your Personal Data in specific cases.
  5. Objection to processing. You have the right to object to the processing of your Personal Data for marketing purposes or on grounds relating to your particular situation.
  6. Portability. You have the right to receive your Personal Data in a machine-readable format and send it to another controller.
  7. Withdrawal of consent. You have the right to withdraw consent from Freestone’s direct marketing, though that may result in our inability to continue to maintain a business relationship with you.
  8. Lodging a complaint with a Supervisory Authority. You have the right to lodge a complaint with a Supervisory Authority within your Member State.

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