California Consumer Privacy Act Policy

Updated: March 27, 2024

Introduction

Your privacy is important to us. Federal law gives clients the right to limit sharing of some personal information. In situations where a financial institution does disclose customer information to nonaffiliated third parties, other than permitted or required by law, clients must be given the opportunity to opt out or prevent such disclosure. United Capital and its affiliates do not share or disclose customer information to nonaffiliated third parties except as permitted or required by law.  The purpose of this Privacy Policy is to explain the data collection and privacy practices of our businesses, including in scenarios where we provide services directly to individuals.

This California Consumer Privacy Act Policy (“CCPA”) is a supplement to United Capital’s Privacy Policy and applies solely to visitors, users, and residents of California that use our services and/or an affiliates service.

California residents should be aware that this section does not apply to:

  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act and its implementing regulations, the California Financial Information Privacy Act, and the Driver’s Privacy Protection Act of 1994; or
  • Other information subject to a California Consumer Privacy Act (“CCPA”)

Important Terms

We want you to understand the following defined terms that we use throughout this Privacy Policy, when we use:

  • “United Capital,” “we,” “us,” or “our”, we mean United Capital Financial Advisors,
  • United Capital Financial Advisors, LLC “you” or “your”, we mean any user of the
  • “affiliate”, we mean companies related by common ownership or
  • “including” or “includes,” we mean “including but not limited to” or “includes but not limited ”

Personal Information We Collect and Generate

We may collect or generate personal information about you, or a third party acting upon your instruction, in a number of ways and from a number of sources depending on the Services and the relationship we have with you. For example:

  • Before you interact with us, we may collect data when we obtain information to identify marketing prospects from our affiliates and third parties.
  • While applying, signing up, or otherwise establishing an account or engaging us to provide services, and over the course of your relationship with us, you provide information directly to us and may give us permission to obtain it from third parties (such as your CPA, attorney, account custodian, other advisors, or websites with your information), and we may collect information about you from third parties such as data analytics providers, the public domain, credit reporting agencies, identity verification and fraud prevention services and government entities, and we also may generate new information about you.
  • When you communicate, and interact with us over the phone and online, including via social media or other platforms, we may monitor and record the content of the communications, and collect information about your use and interactions with the Services (such as via the mechanisms described in the “Cookies Policy” section. Click here or visit https://unitedcapitalwealth.com/cookies-policy/ to see the policy).
  • In connection with our marketing and communications, we may collect digital information using cookies, web beacons, or similar tools that we and our Vendors and other third parties have set; and
  • When you interact with us via a social media platform, we may collect a copy of the posts and other information, such as account ID or username.

See below for a list of the categories of personal information, along with some descriptions and examples:

  • Personal Identifiers: This includes first and last name, address, email address, telephone number, identifiers assigned to you for our internal use, signature, photographs, and employee
  • Device and Online Identifiers and Related Information: This includes Internet Protocol address (“IP address”), account username/log-in, device information, device type, device identifier, and other device
  • Background Information: This includes date of birth, gender, language, estimated retirement age, marital status, number of financial dependents, household income data, family information, vital records information, and any other information we are required to collect by law and regulation.
  • Financial Information: This includes account number(s) and other information regarding accounts with us and at other financial institutions, your authority over, beneficial interest in and other information about entities you are associated with that hold accounts with us, public and private company affiliations, source of wealth information, expected activity within your account, investor qualifications, investment goals and experience, net worth and liquidity needs, income, credit scores, litigation and bankruptcy history, tax classification and information, employee benefit information, beneficiary designations, internal assessments about your financial biases, Powers of Attorney, wills and other estate planning documents, attorney/CPA information, life insurance information and other information regarding your financial
  • Government Identifiers: This includes Social Security number, tax identification number, national identification number, other government-issued identification number (such as driver’s license, tribal card, passport, or alien registration number).
  • Protection Classification Characteristics: This includes age, national origin, citizenship, nationality, marital status, ethnicity, association with senior political officials and/or executives of government owned
  • Internet, Application, and Network Activity: This includes data related to user activity (e.g., when and how you use the Services and interact with our communications including emails), browsing history, search and clickstream history, online website tracking information, other data related to user activity, and URL referral header information; we may collect this type of information automatically via cookies, pixels, browser web storage, web beacons and similar technologies.
  • Location Data: This includes information about your geolocation and your mobile device including a unique identifier for your device; in addition, in some instances, location information can be estimated from your IP address or through your Wi-Fi
  • Professional or Employment-Related Information: This includes information about your occupation, title, employer information, employment history, industry affiliations, directorships and other fiduciary
  • Medical Information (to the extent that you volunteer it): This includes general health status, disability status (to the extent volunteered by you); information associated with completing an insurance product application in connection with carrier underwriting requirements (e.g., medical and prescription history, doctor names and their attending physician statements and tobacco use).
  • Sensitive Personal Information: Some of the personal information that we collect and generate and which is described above is considered sensitive personal information. This includes Social Security, driver’s license, state identification card, and passport numbers; account log-in, financial account; geolocation; information relating to your health; and biometric information.
  • Biometric information: This includes a person’s physiological, biological, or behavioral characteristics. Those include, but not limited to, DNA, retina, fingerprints, face, hand, palm, vein patterns and voice recordings.
  • Inferences: Using the data we collect or generate to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Although you don’t have to supply any of the personal information we request, we may not be able to provide services to you if you do not.

Personal information does not include information that has been anonymized or aggregated so that it does not identify an individual.

How We Use Your Information

We collect and use personal information for the following business purposes:

  • Administering, operating and managing your relationship with us;
  • Understanding your needs and offering services to you;
  • Complying with contractual obligations, relevant industry standards, and our policies;
  • Authenticating identity;
  • Mitigating fraud and enhancing the security of our services;
  • Contacting and communicating with you, including through push notifications and text messages;
  • Conducting marketing activity, such as developing marketing and acquisitions models, identifying marketing recipients, developing marketing collateral and delivering advertisements and marketing communications;
  • Responding to and reviewing social media messages or postings about us or our services;
  • Presenting third-party products and services we think may be of interest;
  • Performing analytics concerning the use of the Services, including responses to our emails and the pages and advertisements that are viewed; and
  • Operating, evaluating and improving our business and our services (including assessing and managing risk, fulfilling our legal and regulatory requirements, developing new services, improving and personalizing existing services, and performing accounting, auditing and other internal functions).

We may also use your personal information for any other purpose that we disclose at the time you provide, or when we collect, your information, and other purposes permitted by applicable law.

We may also use data that we collect on an aggregate or anonymous basis for various business purposes, where permissible under applicable laws and regulations.

Selling and Sharing Your Information

The CCPA requires that we describe disclosures of personal information where:

  • We receive monetary or other valuable consideration (i.e., selling, as defined under the CCPA); or
  • We disclose personal information about you through our website to a third party for cross-context behavioral advertising (i.e., sharing, as defined under the CCPA).

We do not sell, and have not sold in the preceding 12 months, personal information to third parties.

Our Privacy Notice describes which personal information that we may disclose or share with a third party. United Capital has disclosed personal information for business purposes in the preceding 12 months. The categories of personal information are described above. United Capital may disclose or share any number of the categories listed above for business purposes only.

We may share, and may have shared in the preceding 12 months, personal information from the “Personal Identifiers”, “Device and Online Identifiers and Related Information”, and “Internet, Application, and Network Activity” categories of personal information with advertising and marketing partners to facilitate the delivery and measurement of cross-context behavioral advertising. To opt-out of sharing, please click the “Your Privacy Choices” link on the footer of the website you are visiting. Please see the “Do Not Track” section to learn how you can use opt- out preference signals and how they are processed. Or, you can go to the bottom of this document for contact information.

If you choose to opt out via the web-based tools, a cookie will be placed on your browser indicating your decision. This cookie is specific to a particular device and browser, so if you use different browsers or devices, you will need to opt out on each. In addition, because the opt-out is facilitated via cookies, if you clear your cookies you will need to opt out again.

There are exceptions where United Capital may deny your request including having a business purpose, legal obligations, and requirements under federal laws.

We do not knowingly sell or share the personal information of minors under 16 years of age.

Your Rights

California residents have certain rights to their personal information pursuant to the CCPA, as amended by the California Privacy Rights Act January 1, 2023 (“CRPA”). These include the right to:

  • Information about the personal information that we collect about you and the manner in which we use, process and disclose that information;
  • Obtain the specific pieces of personal information that we have collected about you;
  • Correct inaccurate personal information that we maintain about you;
  • Delete certain personal information that we have collected from you;
  • Opt out of the sale and sharing of your personal information to third parties under certain circumstances; and
  • Not be discriminated against as a result of exercising any of the aforementioned

Although we collect certain categories of sensitive personal information as described in the “Personal Information We Collect and Generate” section, we do not use sensitive personal information in ways that the CCPA permits you to limit.

United Capital as a Service Provider

A service provider pursuant to the CCPA, is someone that processes personal information on behalf of a business and receives or shares a consumer’s personal information for a business purpose pursuant to a written contract. The contract prohibits the person from 1) selling or sharing the personal information; 2) retaining, using or disclosing the personal information for any purpose other than a business purpose; 3) retaining, using or disclosing outside the relationship; and 4) combining the information from the personal information received with another’s personal information.

When United Capital acts as a service provider, we will collect, retain, use, disclose/share, etc. to fulfill our contractual obligations under the signed agreement, pursuant to a valid business purpose, and/or as directed by the third party in writing. Where United Capital possess personal information in the capacity as a service provider, we will not sell, retain, use, or disclose for any commercial purpose unless otherwise directed to in writing.

How We Protect Your Information

We take the security of personal information, including U.S. Social Security numbers, seriously and work to limit access to personal information to authorized employees, agents, contractors or vendors. We also maintain physical, electronic and procedural safeguards designed to protect the information against loss, misuse, damage or modification and unauthorized access or disclosures while in our possession.

Exercising Your Rights/Opt-Out Requests

If you would like to discuss or exercise your rights to access, delete or correct your personal information, please contact us at:

By phone: (800) 796-3315

 By mail:

United Capital Advisors, LLC

ATTN: Privacy

125 John Carpenter Freeway Suite 1200

Irving, TX 75062

The CCPA requires us to verify the requests we receive from you when you exercise certain of the rights listed above. To verify your request, we will check the information you provide us in your request against third party identity verification tools or verified information you have provided to us. As part of this process, we may call you after you submit your request to verify information. You may also designate an authorized agent to exercise certain of the rights listed above on your behalf by providing the authorized representative with power of attorney pursuant to the California Probate Code or by executing other documentation we may require, and the authorized representative may make the request on your behalf by following the instructions above. If an authorized representative submits a request on your behalf, we will contact you to verify that they represent you.