SIMON Privacy Policy

Last Updated: December 2, 2022

Your Privacy Is Important to SIMON

SIMON’s innovative platform brings education and analytics to the forefront of the wealth advisory experience, centralizing an end-to-end suite of tools for risk-managed solutions within one unique ecosystem. This Privacy Policy describes the types of personal information we may collect and process, the purposes for which we use the information, the circumstances in which we may share the information, and the steps that we take to safeguard the information.

For the purposes of this Privacy Policy, the term “SIMON” shall mean SIMON Markets LLC, SIMON Annuities and Insurance Services LLC, SIMON Group LLC, and SIMON Technologies LLC, all of which are affiliates of iCapital, Inc. “SIMON’s website” or “website” shall mean the public website of SIMON located at http://www.simon.io. “SIMON’s platform” or “platform” shall mean SIMON’s Structured Investments Marketplace and Online Network located at http://www.simonmarkets.com, https://auth.simonmarkets.com/, and select other domains. This Privacy Policy does not cover information that we collect regarding SIMON employees.

SIMON’s services (including its platform) and website are not designed for, directed to, or intended to be used by individuals in the European Economic Area (“EEA”) or the United Kingdom.

Types of Personal Information

In the preceding 12 months, SIMON has collected or otherwise received the general categories of personal information described below for the purpose of carrying out and supporting our business functions, including the specific uses set forth in the subsequent section below.

For purposes of this Privacy Policy, “personal information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular resident or household. It does not include de-identified or aggregate information or public information lawfully available from governmental records.

Given the nature of our business, most of the personal information we collect relates to the provision and support of services. The nature of our relationship with you will determine the types of personal information we may collect. Please note that the examples of information that may qualify as personal information, which we may have collected or otherwise received, are not intended to be comprehensive and that there may be some overlap between categories.

Categories of Personal Information

  • Personal identifiers, such as name and email addresses, mailing address, phone numbers, other contact information and social security numbers. If you are an independent contractor or job applicant, we may also collect your date of birth, driver’s license number, passport number, or other similar identifiers.
  • Commercial or financial information, such as information about the investments or financial interests executed using SIMON’s platform, and, for certain individuals, such as contractors and job applicants, information needed for payroll purposes, bank details, compensation information, and tax information, as well as trading reports and transactions for compliance purposes.
  • Demographic information and characteristics of protected classifications, such as age and sex, other information required for background checks once an offer of employment has been extended, or information that you provide to us, such as race, ethnicity, citizenship, immigration/visa status, marital or familial status, dependent information, disability status, military or veteran status.1
  • Biometric information, such as fingerprints for background checks for personnel who work on SIMON systems.
  • Health information, such as information from visitors to our offices about exposure to communicable diseases that is needed to protect the health and safety of our personnel.
  • Internet or electronic network activity on SIMON’s systems, website or platform, such as internet protocol address, unique personal identifier, online identifier, persistent and session-based cookies, and information regarding your use of or interaction(s) with SIMON’s systems, website or platform, such as operating system, browser type, browsing history (including sites from which you were referred), search history and search engine, content viewed and information about settings or services you have enabled. For participants on the SIMON platform and our clients, this may also include, for instance, information about orders, completed orders, indications of interest, quotes, positions, trades, and financing activity, and information about your use of and interactions with SIMON’s website or platform (such as web-based interface or API usage and behavioral patterns, consumption of content or interactions with product providers, sales of the products available through the SIMON platform, use of the SIMON video feature to send educational videos about structured products and annuities, testing results via the SIMON training module, and other data and analytics).
  • Location information, such as information that may be collected through your IP address to determine your location when you access SIMON’s systems, website, or platform. For certain individuals, we may also collect office location and home address information.
  • Audio, electronic, visual, thermal, sensory, or similar information, such as images of a person or voice or telephone recordings.
  • Professional or employment-related information, such as your employer (if you are an employee, officer, director, contractor, or a principal of one of our clients), the firm you are associated with if you complete our “Register your Interest” form on SIMON’s website, and, in case you are a job applicant or independent contractor, compensation, bonus and work history information, information about membership in professional bodies, work history information, resumes, work performance information and evaluation, professional qualifications and certifications, references, publications, prior work product, discipline and conduct records, absence records, health and safety records.
  • Education information, such as licenses with regulatory bodies, records of training modules completed on the SIMON platform, and for independent contractors or job applicants, degrees or certificates sought or obtained, school records, training records, and assessments of educational history or performance.
  • Inferences, for instance—as relates to SIMON clients—data we combine to better understand your preferences, interests, and usage of SIMON services.
  • Other information available to us, such as your stated and inferred interests, and data, communications, or documents you choose to provide to us.

1 Please note that we do not seek to collect information on characteristics of protected classifications from job applicants.

Sources of Personal Information

We may obtain the categories of information listed above from the following types of sources:

  • Directly from you or your agent(s). The personal information we collect comes primarily from information provided to SIMON by users of our systems and through forms we make available. Such forms may include applications for employment, indications of interest forms available on SIMON’s platform, and the “Register Your Interest” form available on SIMON’s website. Additionally, we may continue to collect additional information that we learn about you during the course of your relationship with us. This may include information derived from your use of the website or platform or correspondence with us. We sometimes record telephone conversations and monitor email communications, including to resolve complaints, to improve our service, and in order to comply with our legal and regulatory requirements. Such recordings and communications may result in the collection of personal information.
  • From individuals and entities with which we have business or client relationships. We also collect personal information from individuals and entities with which we have business or client relationships. For instance, if you are an individual associated with, or who is a client of, a company or institution with which SIMON does business, we may receive information about you from that company or institution. If you apply to a job with us, we may acquire information about you from the company with which you previously worked.
  • From SIMON personnel. In some instances, such as when you are applying for employment with SIMON, we may receive some of your personal information from a SIMON employee.
  • From your use of SIMON’s website or platform. We may receive personal information from automated collection on our website and platform (including through cookies), applications, devices, systems, and networks. We may use cookies in order to make our website and platform work, or work more efficiently, as well as to provide certain information to us. For more information on the cookies we use, please see the section below on Cookies and Automatic Collection of Data and SIMON’s Cookie Policy.
  • From third parties that interact with us in connection with the services we perform. We may also obtain your personal information directly or indirectly from other third parties, including third-party service providers. For example, we may receive your personal information from providers of customer or client relationship management tools, recruiters or referrers of job applicants, background check companies, credit agencies, cloud storage and data management providers, analytics and security providers, and compliance or fraud prevention and detection entities.
  • From government sources and records and other publicly-available information. We may conduct background research about particular individuals using search engines, social media, and other public sources. We may also receive your personal information from governmental agencies, supervisory authorities, and tax authorities.

Our Uses of Personal Information

We may use your personal information for the following purposes:

  • To operate, facilitate and manage your relationship with SIMON and your access to our platform or use of our services;
  • To manage and operate the SIMON platform and provide platform participants and website users with relevant information;
  • To develop internal and external analyses such as market reports, analytical tools, or risk management assessments;
  • To contact you or, if applicable, your designated representative(s) by mail, telephone, electronic mail, facsimile, etc., in connection with your relationship and/or access to our platform;
  • To provide you with information concerning services offered by SIMON;
  • To monitor and improve our website, platform, and services;
  • To protect the security of, and manage access to, our premises, IT and communication systems, online platforms, website and other systems and to protect our personnel;
  • For recruiting, hiring, performance and talent management purposes;
  • For our business operations, including assessing and managing risk; managing administrative and operational matters; administering our service provider, contractor, and vendor relationships and services; auditing; protecting and defending our rights; and fulfilling and responding to compliance, legal, and regulatory policies, requests, and requirements;
  • To protect health and safety; and
  • As described to you when collecting the information.

If your relationship with SIMON ends, SIMON will continue to treat your personal information, to the extent we retain it, as described in this Privacy Policy.

Disclosures of Personal Information

Over the last 12 months, we may have provided, and we may continue to provide, the categories of information listed above to the following categories of entities:

  • To SIMON persons or entities. In order to provide efficient and reliable services and to improve service offerings available to you, more than one entity within SIMON may be given, or given access to, your personal information.
  • To individuals and entities with which SIMON has business or client relationships. SIMON may disclose personal information to individuals and entities with which we have business or client relationships, including issuers, distributors, and participants on the SIMON platform. For instance, SIMON may share information with issuers and insurance carriers about the activities of SIMON platform or website users related to, among other things, indications of interest and orders with respect to their products as well as completion of training modules. SIMON may also provide information about the actions and activities of individual platform and website users to their employers. SIMON may elect to share some or all platform data with all or a subset of clients based on the clients’ overall relationship with SIMON, including, but not limited to, the extent of business that the client conducts with SIMON. The nature of any data provided may differ in terms of quantity, scope, methodology, or otherwise and may be changed from time to time without notice.
  • To third parties that offer services to us or you. SIMON may use third parties to process personal information on our behalf or otherwise provide us with services (such as legal, accounting, or auditing) or other services, including information technology, cloud storage, data management, analytics and security, training, platform operations (e.g., annuity or insurance product illustrations), communications, licensing, building services, human resources, corporate travel, and compliance functions. In addition, third parties may offer services to you, such as services available through our platform.
  • To legal or government authorities or third parties in connection with claims, disputes, litigation or investigations. We may disclose personal information to investigate, establish, and protect our legal rights and interests and those of our business partners. Under limited circumstances, your personal information may be disclosed to third parties as permitted by, or to comply with, applicable laws and regulations; for instance, when responding to a subpoena or similar legal process, to protect against fraud, to cooperate with law enforcement or regulatory authorities or with organizations such as exchanges and clearinghouses, to enforce contractual commitments that you have made, or if we determine its disclosure is necessary to protect you or us.
  • To any person or entity to whom we transfer or who acquires all or part of our business or any of our assets, rights, or obligations. We may transfer or share a copy of personal information about you in the event that SIMON or all or part of its business, goes through a business transition, such as a merger, acquisition, reorganization, liquidation, or sale of assets. Nothing in this Privacy Policy is intended to interfere with the ability of SIMON to transfer all or part of its business and/or assets to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever. SIMON specifically reserves the right to transfer or share a copy of personal information relating to a relevant portion of SIMON’s business during any diligence process.
  • To any authorized third party. We may disclose your personal information to fulfill your instructions or pursuant to your express consent.

Data Quality, Storage, and Access

While we make every effort to ensure that all information we hold about you is accurate, complete and up to date, you can help us considerably in this regard by promptly notifying us if there are any changes to your personal information.

We may store personal information for different periods of time consistent with the purposes for which they were originally collected, as subsequently further authorized, or when required or allowed under applicable law.

Data Rights in Certain Jurisdictions

Persons in certain jurisdictions (e.g., California) have rights under data protection laws that may apply to the personal information we hold about those persons and which they may exercise.

California’s “Shine the Light” Law

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to request annually a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. We do not disclose your personal information to third parties or corporate affiliates for their direct marketing purposes.

California Residents’ CCPA Rights

If you are a California resident whose information is covered by the California Consumer Privacy Act (the “CCPA”), you may also have the rights described in this section of our Privacy Policy, including the right to request access to and deletion of personal information we maintain about you. Terms used in this section of the Privacy Policy have the meaning prescribed by the CCPA unless otherwise noted or specifically defined in other sections of this Privacy Policy. The representations in this section of the Privacy Policy apply only to personal information to which the CCPA’s rights attach.

Please note that these rights under the CCPA do not apply to information that we collect and hold on behalf of our clients in our capacity as a service provider to these entities. It also does not include information about California residents that is covered by the U.S. Gramm-Leach-Bliley Act and implementing regulations, and the California Financial Information Privacy Act, laws which generally apply to nonpublic personal information about individuals who obtain financial products or services from us primarily for personal, family, or household purposes. At this time, the CCPA also includes exemptions from certain of its provisions for information about our personnel (including employees, directors, officers, and contractors) and job applicants, as well as certain information processed exclusively in the business-to-business context (e.g., information about an individual acting in his or her capacity as a representative of an entity). Much of the personal information SIMON maintains is subject to these exemptions.

Right to request disclosure of personal information we collect and share about you

If you are a California resident whose personal information is covered by the CCPA, you may submit a request to us for the following information:

  • The categories of personal information we have collected about you;
  • The categories of sources from which we collected the personal information;
  • The business or commercial purposes for which we collected or sold the personal information;
  • The categories of third parties with which we shared the personal information; and/or
  • The specific pieces of personal information we collected.

You may also submit a request to us for the following information:

  • The categories of personal information (if any) that we have sold about you, the categories of third parties to which we sold that information, and the category or categories of personal information sold to each third party; and/or
  • The categories of personal information that we disclosed about you for a business purpose.

Our responses to such requests will cover the 12-month period preceding our receipt of the request.

SIMON does not sell personal information.

Right to request the deletion of personal information we have collected from you

You may also submit a request that we delete personal information about you. If you make such a request, after verifying the request, we will delete the personal information, except for situations where specific information is necessary for us to: provide you with a good or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; or comply with or exercise rights provided by the law. We may also retain information where another exception to the deletion requirements in Cal. Civ. Code § 1798.105(d) applies. For instance, the law permits us to retain specific information for our exclusively internal use, but only in ways that are compatible with the context in which you provided the information to us or that are reasonably aligned with your expectations based on your relationship with us.

How to exercise your California rights

To exercise your right to request the disclosure of your personal information that we collect or share, or to ask us to delete your information, you may contact us at (877) 31-SIMON or legalnotices@icapitalnetwork.com. Depending on the nature of your request, we may ask you for information to verify your request and identity, and a declaration attesting to your identity, signed under penalty of perjury. If you would like to submit a request to exercise any of the rights listed above through an authorized agent, you must provide us with written proof of authorization. In such cases, we may still ask you to verify your identify directly with us. We will respond to requests for access or deletion as soon as practicable and, in any event, generally not more than within 45 days after receipt of your request. We may extend this period to 90 days in some cases. Requests can be submitted on behalf of yourself individually or on behalf of your household, provided that we can verify that the request comes from each member of your household.

Non-discrimination

We are committed to complying with the law. If you exercise any of the rights explained in this Privacy Policy, we will continue to treat you fairly.

GDPR Rights

SIMON’s services and platform are not designed for, directed to, or intended to be used by individuals in the EEA or the UK. If you believe that you are entitled to rights under the GDPR, please contact your employer to discuss.

SIMON stores and otherwise processes personal information in the U.S. and may, in certain limited circumstances, process personal information in other countries, which may afford protections to personal information that are different from those under the GDPR.

Individuals in other countries

Individuals in Andorra, Argentina, Australia, Canada, Faroe Islands, Guernsey, Hong Kong, Israel, Isle of Man, Japan, Jersey, Mexico, New Zealand, Singapore, South Korea, Switzerland, Uruguay, and certain other jurisdictions may potentially be entitled to rights under local privacy or data protection laws. If you believe that you entitled to such rights, please contact us through our Contact Information below.

Data Rights Requests

If you believe that SIMON may be processing data about you, and wish to have access to that information and exercise your rights under applicable privacy or data protection laws, we can provide you with that data or at least an explanation of why we cannot do so in the particular context, such as if responding to the request would be unreasonably expensive.

Please also let us know if you have any questions, concerns, disputes, or issues. We are always open to dialogue to resolve issues. If your concerns cannot be resolved, we can enter into appropriate third-party neutral dispute resolution. If you need to reach us about a privacy or data protection issue, please contact us using the Contact Information below.

If you believe that you have received communications from SIMON in error, please contact us by using the information listed in the Contact Information section below.

Information Security: How We Protect Your Privacy

SIMON is committed to protecting the privacy and confidentiality of your personal information. We have organizational measures reasonably designed to limit access to your personal information to authorized SIMON employees or agents and, as described above in Disclosures of Your Personal Information, our service providers are held to stringent standards of privacy. We also maintain physical, electronic and procedural safeguards reasonably designed to protect the information against loss, misuse, damage or modification and unauthorized access or disclosure. Security of information accessible to the Internet, however, can never be guaranteed.

SIMON requires you to maintain the security and confidentiality of your SIMON user identification name and password.

Cookies and Automatic Collection of Data

For information on our use of cookies and other tracking technologies, including web beacons, pixels, clear gifs, and other similar technologies, please see SIMON’s Cookie Policy.

When you visit our website or platform, your browser may be momentarily directed to the website of a third-party service provider. This re-direction process will not be apparent to you. These third-party websites automatically receive your IP address when this happens, and they may also collect information from your use of or interactions with our website or platform, including computer and connection information and standard web log information. Such information does not identify you individually.

Third Parties

Our Site may contain links to websites or may make available on our platform applications operated by third parties over which we have no control. Should you click on a link to a third-party website, or use such an application, the privacy policy of that website or application will apply instead of our Privacy Policy. We are not responsible for the content or security of third-party services and sites.

Do Not Track

“Do Not Track” signals are options available on browsers to tell operators of websites that users do not wish to have your online activity tracked. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not take action in response to these signals. If and when a final standard is established and accepted, we may reassess how to respond to these signals.

Children’s Privacy

SIMON’s website and platform is not designed for, directed to, or intended to be used by children under the age of 18. If we obtain actual knowledge that a child under the age of 18 is using SIMON’s website or platform, we will take steps to delete information we have regarding the minor as soon as possible.

Contact Information

iCapital
Attn: Legal Department
60 East 42nd Street,
New York, NY 10165
(877) 31-SIMON
legalnotices@icapitalnetwork.com

To make accessibility-related requests, please contact us using the Contact Information provided above.

Other Privacy Policies or Statements; Changes to Privacy Policy

This Privacy Policy provides a general statement about our privacy practices. You may, however, in connection with specific services offered by SIMON, be provided with privacy policies or statements that supplement this Privacy Policy. This Privacy Policy may be changed from time to time to reflect changes in our practices. We will notify you of changes by posting the updated Privacy Policy on our website. The revised Privacy Policy will be effective immediately upon posting to our website.

This version of the Privacy Policy is effective December 2, 2022.