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Effective November 13, 2000 the SEC adopted Regulation S-P
covering Privacy of Customer Financial Information. Regulation
S-P requires that Tarheel Advisors, LLC adopt and maintain
written supervisory procedures that comply with Regulation S-P
and serve to protect the privacy of customer data.
Regulation S-P requires that Tarheel Advisors, LLC provide each
client with a Privacy Notice. In addition, where Tarheel
Advisors, LLC discloses “nonpublic personal information” about
clients outside of certain permitted exceptions (chiefly related
to the needs of the business) Tarheel Advisors, LLC must obtain
the client’s permission.
1. Who Is Protected?
The regulation protects only individuals; thus, trusts,
partnerships, and corporations are not protected. Beneficiaries
of trusts, 401(k) participants, shareholders of corporations or
partners of partnerships are not protected. IRA beneficiaries
are protected since they are individuals. Institutional
investors are not covered by the regulation and no disclosures
are required to be made to institutional customers or consumers.
The Regulation protects “Consumers” and “Customers.” A
“Consumer” gets Notice protection if Tarheel Advisors, LLC
starts to disclose that Consumer’s “Nonpublic Personal
Information” (NPI) to a “non-affiliated third parties” (NTP). A
“Customer” always gets Notice protection.
It is the policy of Tarheel Advisors, LLC to not disclose or
sell personal information of any of our clients to third
parties, unless:
·
You have requested that we share this information with one of your
other professional advisors, e.g., attorney, accountant.
·
We believe in good faith that the disclosure is required or
permitted under law, e.g., to cooperate with regulators, perform
credit/authentication checks.
·
Disclosing information is part of regular business, e.g. opening a
brokerage account.
2. What Is Protected?
With certain exceptions set forth below, Tarheel Advisors, LLC
is required to protect “Nonpublic Personal Information.”
Regulation S-P specifically requires the Privacy Notice to state
that Tarheel Advisors, LLC may disclose NPI about former
Customers as well as current ones. The Regulation does not
require that a Privacy Notice be provided to any former
Customer.
TARHEEL ADVISORS, LLC AS A POLICY DOES NOT DISCLOSE ANY CONSUMER
OR CUSTOMER NON-PUBLIC INFORMATION TO NON-RELATED THIRD PARTIES
OTHER THAN IN CONTROLLED CIRCUMSTANCES AS SPECIFICALLY ALLOWED
BY REGULATION S-P.
3. How Is It Protected?
We protect the confidentiality and security of your personal
information.
·
We restrict access to personal information to our employees for
business purposes only. All employees are trained and required
to safeguard such information.
·
We maintain physical, electronic and procedural safeguards to guard
your personal information.
4. Notice Requirements
The Regulation requires Tarheel Advisors, LLC to provide an
Initial Privacy Notice to (a) every Customer at all times and
(b) every Consumer where Tarheel Advisors, LLC intends to
disclose that Consumer’s NPI to any NTP under any non-exempt
circumstances. Each recipient must also have been provided with
a “reasonable” time to “opt out” or not.
The Initial Privacy Notice must be provided to the Customer,
with certain exceptions, AT OR BEFORE the time Tarheel Advisors,
LLC establishes the Customer relationship and to the Consumer
BEFORE Tarheel Advisors, LLC makes any disclosures of that
Consumer’s NPI to a NTP. The Initial Privacy Notice may be
provided in written or electronic form (if the Consumer or
Customer is able to acknowledge receipt electronically). The
exceptions are as follows: The Initial Privacy Notice may be
provided at a “reasonable” later time where (a) the Customer
relationship has been established without the Customer’s
knowledge or consent; (b) where to provide the Notice would
substantially delay the Customer’s transaction and the Customer
has agreed to receive the Notice at a later date; or (c) where
the NTP establishes an account or purchases securities on behalf
of the Customer.
Tarheel Advisors, LLC’s Privacy Notice must be sent in writing
to each Customer at least once every 12 months, giving that
Customer an opportunity to “opt out” within a reasonable time of
receiving the Notice. The Annual Privacy Notice may be delivered
over Tarheel Advisors, LLC’s website if the Customer agrees in
advance.
5. Books and Records Requirement
We constantly evaluate our information accuracy and protection.
·
Please contact us if you see any inaccuracy in your personal
information or you need to make a change in your information.
6. Superseding Authorities
Regulation S-P does not supersede, alter or affect any state law
or regulation which provides protection which is greater than
that created by Regulation S-P. Accordingly, Tarheel Advisors,
LLC should be aware of comparable provisions in states where it
is doing business. Similarly, Regulation S-P does not modify,
limit or supersede the Fair Credit Reporting Act (15 U.S.C.
1681), particularly Section 603 that allows companies to provide
selected credit information to lenders. |