Privacy Policy

Redtail Technology > Privacy Policy

Privacy Policy

Last Updated: 7/31/24

Orion is committed to protecting and respecting your privacy. We value your trust and encourage you to take some time to read this Privacy Policy carefully. Orion encourages you to review the Privacy Policy whenever you access our Services or otherwise interact with Orion to stay informed about our data privacy practices and the choices available to you. By visiting the websites and using the Services, you agree to this Privacy Policy. If you do not agree with our policies and practices, please do not use our websites, access or utilize our Services, or provide us with your Personal Information. Orion may choose to update or revise this Privacy Policy from time to time, with or without notice to you. Any changes will be noted by updating the date at the top of the policy and, if the changes are substantial, we may provide a more prominent notice including, for certain services, an e-mail notification of Privacy Policy changes.

Scope Of This Privacy Policy

This Privacy Policy describes how Orion Advisor Solutions, Inc. and its parents, subsidiaries, and affiliates, including but not limited to, Orion Advisor Technology, LLC, Orion Portfolio Solutions, LLC (d/b/a Orion Wealth Management, Brinker Capital Investments, and Brinker Capital), Constellation Trust Company, Advizr, Inc. (d/b/a Orion Planning), Brinker Capital Securities, LLC, GxWorks, LLC (d/b/a Orion Risk Intelligence), Redtail Technology, Inc., Townsquare Capital, LLC (d/b/a Orion OCIO), and BasisCode Compliance LLC (d/b/a Orion Compliance) (collectively, “Orion” or “we” or “us” or “our”) collects, uses, and shares Personal Information. This Privacy Policy applies to all the products, services, apps, portals, and websites (collectively, the “Services”) offered by Orion. This Privacy Policy applies to any Personal Information provided by website visitors, customers who provides us with Personal Information in connection with the Services we provide directly to those customers, and when our portals are utilized by customers who electronically submit the Personal Information of their clients in connection with any wealth management, financial planning, and/or other financial advisory services that they provide to their clients (collectively, “you” or “your”). Please note that when our customers utilize our Services, the ownership and control of our customer’s clients’ Personal Information is not transferred to Orion.

Customers of Constellation Trust Company, Brinker Capital Securities, LLC, Orion Portfolio Solutions, LLC, and Townsquare Capital, LLC should review our Privacy Notice provided to you annually, pursuant to the Gramm-Leach-Bliley Act (“GLBA”). As described in our GLBA Privacy Notices, we do not share nonpublic personal information with our affiliates and non-affiliates for marketing purposes.

Information We Collect

The types of Personal Information we collect depend on the purpose for which you provide it to us. We collect Person Information in the following scenarios: (i) when you visit our websites, (ii) when you provide it directly to us (e.g., when you utilize our Services or hire one of our affiliates to provide you with investment management or technology services); (iii) when you grant us permission (e.g., such as to access your financial resources, account custodian, another technology service provider, or other data sources or websites with that information), (iv) in an employment capacity if you are an employee, job applicant, or contractor, or (v) when we obtain it from our customers in connection with the Services. Depending on the Service offering utilized by you, some of our companies may also obtain your Personal Information from third parties in order to verify your identity, prevent fraud, or help us identify other products or services that may be of benefit to you.

“Personal Information” includes any information that we collect that, alone or in combination with other information, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual. It generally means the same as the terms “personally identifiable information,” or “personal data,” or “nonpublic personal information” as defined under applicable data protection laws. Personal Information does not include publicly available information obtained from government records, or information that has been deidentified or aggregated.

We collect Personal Information that generally falls within one or more of the following categories:

Identifiers: We collect name; user-defined alias or username; postal address; unique personal identifier; e-mail address; account name; username/password; Social Security number; driver’s license number; passport number; telephone number; signature; or other similar identifiers.

Financial and Transactional/Investment Information: Certain Orion companies may collect financial information about you, including but not limited to, custodial or bank account number; tax returns; trust information; transactional information; account authentication details; investment information; financial goals; assets; income information; and information on transactions performed through the Services or with third parties (e.g., broker-dealers, clearing firms, investment sponsors, etc.). We may also collect this information and other information provided by our customers about and relating to their clients when we process such information on behalf of our customers.

Protected Classifications: We collect information regarding your age, citizenship, marital status, or sex/gender information.

Professional or Employment Information: We collect information regarding your current job history, and information about your business or profession.

Automatically Collected Information: We collect information regarding how you interact with our system or our Services, including usage information such as the way representatives of our customers use our systems that we use to provide Services, the pages you view, links you click or hover over, selections you make on websites, features you use, preferences you set, other actions that you perform on our websites, the internet protocol (“IP”) address of the device you are using to access the Services, computer browser type, device manufacturer, operating system, domain name, and average time spent on certain website pages.

Inferences drawn from information: We collect information reflecting personal preferences.

Sensory Information: We collect audio or video information when you communicate with us via telephone or videoconference.

Some of the information above, such as Social Security numbers, is considered “sensitive personal information” under applicable law.

We collect information that is located in public records or otherwise made publicly available to us.

How We Use and Disclose Your Information

We use the Personal Information that we collect for the following purposes: (i) to provide the Services ; (ii) to personalize your experience on this website or with the Services; (ii) to improve our Services; (iii) to assist you with support requests, troubleshoot problems, or monitor the performance and effectiveness of the Services; (iv) to process transactions; (v) to administer a promotion, survey, or other Service feature; (vi) to notify you about our Services that may be of interest to you; (vii) to obtain information about your transactions and experiences; (viii) to notify you about changes to our policies; and (ix) for employment and recruiting (including conducting background checks and employment eligibility verification, for interview purposes, payroll administration and employee timekeeping and benefit administration). We may also use the information we collect as otherwise disclosed to you at the point of collection or for any other purposes with your consent. We do not share our user lists or the identity of our customers or users to third parties without your consent or except as permitted by applicable law.

We disclose your Personal Information to entities for the purposes described above, as well as at your direction, with your consent, or in the following circumstances:

As Requested or Instructed by Our Customers. We may share Personal Information as requested by our financial advisor, broker dealer, and/or other similarly situated customers. In those circumstances, those customers are responsible for obtaining all consents as necessary from their clients for us to share or disclose the Personal Information.

Parent Company and Affiliates. We may share your Personal Information with companies under common ownership and control of Orion, including our affiliates.

Service Providers. We may share your Personal Information with non-affiliated companies or individuals that we contract with in order to provide services (“Service Providers”). These services may include payment processing, providing products or services to you on our behalf, creating or maintaining our networks, systems, and databases, analytics, providing support, marketing Orion Services, or responding to inquiries. We may also disclose your Personal Information to our service providers for the purpose of providing you with personalized content or targeted advertisements which may be relevant or of interest to you.

Business Transition. In the event that Orion or any of its affiliates go through a business transition, such as a merger, acquisition by another company, reorganization, or sale of a portion of its assets, your Personal Information may be transferred in connection with the proposed transaction. You acknowledge that such transfers occur and are permitted by and subject to this Privacy Policy.

Legal Obligations. We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to satisfy our legal obligations or otherwise consistent with legal requirements. This may include: (i) to comply with the law or if subject to a subpoena, court order, government request, credit bureau request, or other legal process, or if we are otherwise legally required to disclose information; (ii) to produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, or other legal or administrative proceedings; (iii) to protect the interests, rights, safety, or property of us, or any of our members, subsidiaries, affiliates, employees, users, customers, suppliers, or others; (iv) to monitor compliance with and enforce any Terms and Conditions for the websites; (v) to operate the systems that ensures the Platform functions properly; or (vi) if we believe in good faith that a disclosure is necessary, such as if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

Aggregated or Deidentified Information. We may use and disclose certain or de-identified information to our affiliates, business partners, and service providers, or through certain anonymized analytics data available through our Services to other users. We do not share deidentified data of the clients of our customers, other than to Service Providers, solely in connection with the provision of Orion Services. As used in this Privacy Policy, “deidentified” means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to you.

Cookies

Cookies. How we use Cookies and other Data Technologies is described in our Cookie Policy, which is accessible here: https://corporate.redtailtechnology.com/cookie-policy/.

Do Not Track Disclosure. Some internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals and the website will continue to collect information about you even if your browser’s “Do Not Track” functionality is activated. Please note that your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information.

Global Privacy Control. The Global Privacy Control (“GPC”) is a method for individuals to opt-out of the sale or sharing of their personal information, as such terms are described under applicable data protection laws, via a user-enabled privacy control that is available on certain internet browsers. Our systems are configured to detect and respond to the GPC. You can learn more about the GPC here.

Notice to California Residents

Under the California Consumer Privacy Act, as amended and expanded by the California Privacy Rights Act and as implemented in appropriate regulations (“CCPA”), California residents have certain privacy rights, as provided therein. In addition, the CCPA provides certain exemptions that may apply to the Personal Information we collect from or about you, in particular information regulated by the Gramm-Leach-Bliley Act of 1999, the California Financial Information Privacy Act, the Health Insurance Portability and Accountability Act of 1996, and the California Confidentiality of Medical Information Act.

To the extent that we collect Personal Information that does not fall under an enumerated exemption to the CCPA, and subject to any applicable instructions of our financial advisor, broker dealer, and/or other similarly situated customers, your rights as a California resident to request to know, access, and delete Personal Information are set forth below. To exercise these rights, please use one of the outreach methods listed in the “Contact Us” section below. If we process your Personal Information on behalf of our financial advisor, broker dealer, and/or other similarly situated customers, we will consult with that customer to assist them in responding to your request to the extent such Personal Information is unavailable to the customer.

The right to know. You may request the following information about how we have collected and used your Personal Information during the past 12 months: (i) the specific pieces of Personal Information we have about you; (ii) the categories of Personal Information we have collected about you in the last 12 months; (iii) the categories of sources from which that Personal Information was collected; (iv) the purpose for collecting and selling your Personal Information; (v) the categories of your Personal Information that we sold or disclosed for a business purpose.

The right to deletion. You have the right to request that we delete the Personal Information that we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to retain the information to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request for deletion, we will let you know the reason why.

The right to correct. You have the right to request that we correct any inaccurate information that we maintain about you. Orion will use commercially reasonable effort to correct the inaccurate Personal Information.

The right to limit the use and disclosure of sensitive personal information. As described above, some of the information we collect may be considered sensitive personal information. You have the right to request that we limit the use and disclosure of your sensitive personal information to that use which is necessary to provide you with Services you have requested and for certain other limited purposes as provided for under the CCPA.

Request Verification and Response. We will take steps to verify your identity before processing your request. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected Personal Information. If you are a customer, we will use our existing account authentication practices to verify your request. If you do not have an account with us, we may request additional information about you. We will only use the Personal Information provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose. We will confirm our receipt of a verifiable consumer request within ten (10) business days and respond to a verifiable consumer request within forty-five (45) days of receipt. If we need more time to respond, we will provide written notification to you, including our reason for the need for an extension and respond to your request no later than ninety (90) days after receipt. If we cannot verify your identity to comply with a request, we will explain the reason in our communication to you.

Authorized Agent. You may use an authorized agent to submit a request. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf.

Non-Discrimination. If you choose to exercise any of these rights, Orion will not discriminate against you in any way. If you exercise certain rights, please be advised that you may be unable to use or access certain features of Orion’s Services.

Sale or Sharing of Personal Information. Orion does not “sell” Personal Information, as that term is defined in the CCPA; however, we may “share” certain Personal Information with our partners to provide you with personalized content or targeted advertisements which may be relevant or of interest to you. You have a right to opt out of such sharing under CCPA, and may do so by clicking here, https://corporate.redtailtechnology.com/opt-out/, or by reaching out using one of the outreach methods listed in the “Contact Us” section below. We do not knowingly sell or share any information of any individuals younger than 16 – for more information, see the “Children’s Information” section, below. Note that we do disclose Personal Information to third parties as directed or consented to by you or as directed by your financial advisor as necessary for you to receive the benefit of such third party’s services, and that such disclosures are not subject to this right to opt out.

Other California Privacy Rights. Under California’s “Shine the Light” law (California Civil Code Section 1798.83), California residents are entitled to request and obtain from Orion once per calendar year information about when we share your Personal Information with third parties for those third parties’ own direct marketing purposes. To request this information, please email us at the address indicated below in the Contact Us section, and note “California Shine the Light” in the subject line.

Notice to Residents of Other States

If you are a resident of another state that has enacted a comprehensive privacy law you may have rights with respect to the collection, use, and disclosure of your Personal Information. In accordance with the applicability requirements of applicable data privacy laws, we will provide residents of these states with the privacy rights listed below when the laws apply to us.

The right to know. You may request to know, access, and receive a copy of the Personal Information that we process about you.

The right to deletion. In certain circumstances, you have the right to request that we delete the Personal Information that we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request for deletion, we will let you know the reason why.
The right to correct. In certain circumstances, you have the right to request that we correct any inaccurate information that we maintain about you.

The right to portability. You have the right to obtain a copy of the Personal Information that you have provided to us in a portable, secure, and readily-usable format.

The right to opt-out. You have the right to opt out of targeted advertising, sale, or profiling (in furtherance of decisions that produce legal or similar significant effects) of your Personal Information, as such terms are defined under applicable data privacy law. Orion may disclose certain Personal Information to our partners to provide you with personalized content or targeted advertisements which may be relevant or of interest to you, but you may opt-out of such sharing by clicking here, https://corporate.redtailtechnology.com/opt-out/, or by reaching out using one of the outreach methods listed in the “Contact Us” section below.

The right to appeal. If we deny your rights request, you may have the right to appeal our decision under applicable state data privacy law.

The right to non-discrimination. If you choose to exercise any of these rights, we will not discriminate against you. However, please be advised that if you exercise certain rights, you may be unable to use or access certain features of our services.

Submitting a Rights Request. When you exercise these rights and submit a request to us, we will take steps to verify your identity before processing your request regarding your Personal Information. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected Personal Information. You also may designate an authorized agent to make a request for deletion on your behalf. We reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf. Please note that we may use a third-party verification provider to verify your identity. Applicable laws may permit or require us to decline your rights request. If we decline your request, we will tell you why, unless prohibited by law from doing so.

To exercise your rights under applicable state data privacy law, please contact us at one of the methods listed below. If you would like to exercise your right to opt out of the sale of your Personal Information, you may click here, https://corporate.redtailtechnology.com/opt-out/, or visit the “Do Not Sell or Share My Personal Information” link on our website. If we process your Personal Information on behalf of a financial advisor, broker dealer, and/or other similarly situated customer, we will consult with that customer to assist them in responding to your request to the extent such Personal Information is unavailable to the customer.

Notice to Residents of the European Economic Area (“EEA”), Switzerland, and the United Kingdom (“UK”)

Certain Orion affiliates may collect, process and retain the data of residents of the EEA, Switzerland, or the UK in order to provide Services to its customers. As such, we are required to comply with the GDPR, UK GDPR, and applicable local laws with regard to certain Personal Information we collect on behalf of our data controller customers, who determine how and why the Personal Information submitted to us is processed. For such Personal Information and based on how those Services are provided, Orion’s affiliates operating in or processing Personal Information from residents of the EEA, Switzerland, and UK is considered the data processor of the Personal Information.

Data Subject Rights. If you are a resident of the EEA, Switzerland, or the UK, you have rights to access, correction, deletion, portability, restrict or object to processing, and to lodge a complaint with a supervisory authority. You can submit these requests by email or reaching out using one of the outreach methods listed in the “Contact Us” section below. We may request specific information from you to help us confirm your identity prior to processing your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. Please note that if you decide to exercise some of your rights, we may be unable to perform the actions necessary to achieve the purposes set out above or you may not be able to use or take full advantage of the services we offer.

Special Categories of Personal Information. Orion does not knowingly collect Special Categories of Person Information, which includes information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, and data concerning health, sex life, and sexual orientation.

Data Transfers. Our Services are based, controlled, operated, and administered by us in the United States, where Orion’s servers are located. The laws of the United States may not have the same data protection laws as the jurisdiction in which you reside. If you visit our websites or use our Services outside the United States, your Personal Information may be transmitted to, stored, or processed in the United States and by using our websites, you authorize the transfer to and processing of your Personal Information in the United States. If we transfer your Personal Information internationally in a manner which requires certain legal protections for your Personal Information, we will do so in accordance with appropriate safeguards mandated by applicable data protection laws. This may include, but is not limited to, transferring Personal Information pursuant to agreements that incorporate standard contractual clauses approved by applicable data protection authorities, or by other means approved by data protection authorities in the applicable countries from which the Personal Information is transferred.

Notice to Australian Residents

If you are a resident of Australia, you have rights under the Privacy Act of 1988 and the Australian Privacy Principles (“APPs”) to access, correct or delete your Personal Information where reasonably practicable. If you wish to exercise any of these rights, please contact us using the information provided below. We may request specific information from you to confirm your identity prior to processing your request. Please note that your Personal Information will be transferred outside of Australia and is subject to the laws of the receiving jurisdiction, including laws relating to disclosure of Personal Information. If we do not agree with a request to correct your Personal Information, we will give you notice in writing as to our reasons and the mechanisms available to you to appeal our decision.

Data Retention

We retain Personal Information for as long as reasonably necessary for the purposes for which it was collected and the specific business purpose outlined in this Privacy Policy. As a result, Orion retains Personal Information for as long as required based on applicable legal and regulatory requirements, the administrative and operational requirements of Orion’s businesses, and for the purposes for which we collected it. In some circumstances, we may store Personal Information for longer periods of time as necessary to comply with regulatory, tax, accounting, or legal requirements.

Data Security

Orion maintains administrative, technical, and physical safeguards reasonably designed to guard Personal Information that has been provided to us from loss, misuse or unauthorized access, disclosure, alteration, or destruction. Orion utilizes commercially reasonable measures that comply with applicable laws and industry standards to secure and protect information transmitted via or stored through our Services. Nevertheless, no security system is entirely secure. As a result, while we strive to protect your information, we cannot guarantee or warrant the security of any information you transmit to our website.

Children’s Information

Our Services are not intended for use or view by children under 16 years of age. We do not knowingly collect Personal Information from children under the age of 16. If we discover that we have inadvertently collected any information from a child under the age of 16, we will promptly delete it. If you are a parent or guardian and believe your child provided us with their Personal Information without your consent, please contact us.

Third Party Websites or Applications

We maintain an application programming interface (API) which enables third party applications to communicate and share information back and forth with our system, as authorized by our clients in connection with the provision of our Services. These applications may be provided by third parties. This Privacy Policy applies to our applications only. Our Services may also include links to other websites or applications which are separately governed by their respective privacy policies. You should review the privacy policies of the other websites or applications carefully to understand their privacy practices.

Marketing Communications

We may email marketing correspondence to you about our Services. To unsubscribe from these communications, use the following link: https://www2.orionadvisor.com/unsubscribeConfirm/48702. To manage your other marketing preferences, use the following link: https://ww2.orion.com/your-email-preferences?epc_hash=NXt-izd4HdY_FLZswKtmjNF5di6ooI9vdX3xbKGPGzo.

Contact Us

Orion is dedicated to resolving any issues you may have about our privacy practices. To exercise your rights regarding your Personal Information, or if you have any questions or complaints regarding this Privacy Policy, please e-mail us at privacy@orion.com or submit your question or complaint at https://orion.com/privacy-inquiry/. In the subject line of your email, please indicate the purpose of your communication so that we can properly route your communication to the appropriate party.

1907-OAS-7/31/2024

Last Updated: October 2020

This is the Privacy Policy of the Redtail website (the “Site”), operated by Redtail Technology, Inc. (together with our affiliates and subsidiaries, “Redtail”, “we”, “us”, “our” and terms of similar meaning) and our products and services. It describes the information that we collect from you as part of the normal operation of our Site and our products and services, and how we use and disclose this information.

Redtail created this Privacy Policy in order to demonstrate our commitment to customer privacy. Privacy on the Site and through our products and services is of great importance to us. Because we gather important information from our visitors and customers, we have established this Privacy Policy as a means to communicate our information gathering and dissemination practices. In order to keep this policy up to date in accordance with the latest laws and regulations, Redtail reserves the right to change this Privacy Policy. Thus, this Privacy Policy may change from time to time, and if a material should occur, we will notify users of these changes on our Site.

By using the Site and/or our products and services, you signify your assent to this Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Site or our products and services. This Privacy Policy is also incorporated with and subject to our Terms of Use. If you are a visitor from outside the United States, please note the personal information you provide may be transferred to, stored, and processed within the United States and the state of California.

In this Privacy Policy, we use the following terms to describe different types of visitors to our Site. Redtail “Subscribers” are also known as “Customers” and together with their registered staff, these people are collectively described in this Privacy Policy as “Users” of our Site, while Redtail’s Customer’s clientele are called “Clients”.

Security

Redtail strives to protect your personal information. Our Site and our products and services have security measures in place to help protect against the loss, misuse, and alteration of the data under our control. For security of transactions, we use the Secure Sockets Layer (SSL) protocol, which encrypts any information, such as credit card number and billing information that you send to us electronically. The encryption process protects your information, by scrambling it before it is sent to us from your computer. Once Redtail receives your transmission, we make commercially reasonable efforts to ensure its security on our system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot warrant the security of any information you transmit to us. More information about security is available on the Site please see our Terms of Use and Security statement.

What Information Do We Collect?

Our primary purpose in collecting personal information from you is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide services and features designed to meet your needs, and to customize our service to make your experience safer and easier. We only collect personal information about you that we consider necessary for achieving this purpose.

User Information:
Once you become a User, we require you to provide us with contact and identity information, billing, and other personal information as indicated on the relevant forms on the Site (which vary, depending on what kind of User you are), and you are no longer anonymous to us. When filling out the forms, we indicate (where possible) which fields are required and which are optional.

In addition, as you use the Site, you can from time to time enter or send to us personal information. For example, if you are a Subscriber, you can enter your own email server settings. As you use the Site you can also from time to time enter personal information about third parties. For example, if you are a Subscriber, you can enter personal information about your Customers and/or your staff. However, you represent and agree that with respect to the personal information of other persons such as your Customers or staff which you collect, use and disclose on the Site or through our products and services, that you have all necessary consents, permissions and rights to collect, use and disclose such personal information, and you agree that the indemnity you give to us in the Terms of Use applies to any non-compliance by you with the foregoing. Redtail does not own, control or direct the use of any of this third party information stored or processed by a Customer or User via the Site.

You may opt not to provide information by declining to become a User or by not using the particular feature of the Site or our products and services for which the information is being collected.

As a User you provide certain Personally Identifiable Information (“PII”) to Redtail when choosing to participate in various activities on the Site such as registering as a member of the Site, ordering various products or services, uploading content, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists. PII includes information such as your name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog or other personal website URL, date of birth, email address and any other information that would allow someone to identify you or contact you. PII also includes information about your personal preferences, survey responses and your transactions or relationship with us, if you have been a user of the Site or you have provided this type of information to us. For example, if you order any of our products, we will also collect and maintain your billing and shipping address, product selections your order number, and information about your computer’s internet address and website, which may have referred or directed you to the Site. Sensitive Customer PII that may be input to Redtail products, such as social security numbers, driver’s license numbers, and credit or debit card numbers are collected via a secure transmission.

Personal Information:
Personal information is collected when you visit the Site and input information, whether you are registering to use any services, features, or functions of the Site, participating in promotions, ordering or purchasing products or services, or in the course of other exchanges of information, transactions, or activities. We may use this information to tailor your experience on the Site, provide and improve our products and services, display content we think may be of interest to you, or customize what you see when you visit the Site according to your preferences.

We automatically track certain information about you based upon your behavior on our Site and use this information to do internal research on our User’s demographics, interests, and requests in order to better understand, protect, and serve you and our community. This information may include the URL that you just came from (whether this URL is on our Site or not), which URL you next go to (whether this URL is on our Site or not), your computer browser information, and your IP address.

Cookies:
“Cookies” are small files placed on your device that assist us in providing our services. We use cookies to allow you to enter your password less frequently during a session, and we use data collection devices (such as Google Analytics), including cookies, on certain pages of the Site to help analyze our web page flow, measure performance, and promote trust and safety, to offer certain features that are only available through the use of a cookie and to allow us to provide information that is targeted to your account.

Standing alone, cookies do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to Redtail by responding to a promotional offer, opening an account, or registering for a 30-day trial, you remain anonymous to Redtail. In order to begin using Redtail services and create a trial account you will be required to provide Redtail with your name, address, phone number, and email address. Cookies come in two types: Session and Persistent.

Session Cookies
Session cookies are temporary cookies that exist only during an online session and are not stored on your computer or mobile device. They are used as part of the login, authentication and session management flows of the SaaS platform websites. Redtail uses Session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in. This information allows Redtail Technology to process your online transactions and requests. Session cookies help us make sure you are who you say you are after you have logged in and are required in order to use the Redtail application. Certain session cookies are also used to understand, for example, if a user interacting with our company website is a new visitor or a visitor returning as part of the same browsing session. These session cookies are erased when you close your browser, or after extended inactivity.

Persistent Cookies
Persistent cookies are those placed on your computer or mobile device for a pre-determined length of time when you visit this site. Redtail uses persistent cookies that only the Site can read and use, to identify the fact that you are a Subscriber or prior Site visitor (whatever the case may be). We are especially careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies. They are used on both the SaaS platform and company websites, for reasons including, for example, to store user preferences, understand through Analytics tools what areas of our websites and platform are most popular and how customers and users engage with them as well as storing user preference data such as filters for various functions within the software.

Users can control the use of cookies at the individual browser level. Users who disable their browser’s ability to accept cookies will be able to browse our Site but will not be able to use our service successfully.

How We Use Your Information

We use personal and other information obtained from your current and past activities on the Site in order to provide to you with our products and services offered by the Site and other features such as resolution of service or billing disputes; troubleshoot problems; bill any amounts due from you; measure consumer interest in our products and services, inform you about online and offline offers, products, services, events and updates; deliver information to you that may be relevant to your interests, i.e., product news; ways to customize your experience; detect and protect against error, fraud and other criminal activity; enforce our Terms of Use; provide you with system or administrative messages, and as otherwise described to you at the time of collection. On occasion we use email addresses or other contact information to contact our Subscribers to ask them for their input on our services, forward media opportunities, and even to invite them to dinner.

We may also use personal information about you to improve our marketing and promotional efforts, to analyze Site usage, to improve our content and product offerings, and to customize the Site’s content, layout, and services. These uses enable Redtail to improve the Site and our products and services, and better tailor them to meet your needs, providing you with a smooth, efficient, safe, and customized experience while using the Site and our products and services. Redtail does not use your personal information for making automated decisions.

Our Disclosure of Your Information

We will not sell or rent your personal information to third parties without your explicit consent. The following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide our services:

Subscribers and Customers, Etc.
In the normal operation of the Site, Subscriber customer data (including information entered by “staff” members) and activities are disclosed to the applicable Customer, and Client information is disclosed to the applicable Subscriber. In general, information you enter on the Site is available to the other persons – whether they are Customers, Subscribers, staff members or others – to whom you give access to your account or to whom you give access to the information through the normal operation of the Site. We do not own, control or direct the use of any of the PII stored or processed by a Customer or User via the Site.

Payment Information
All financial and billing information that we collect through the Site is used solely to bill for our products and services. This billing information is not used by Redtail Technology for marketing or promotional purposes. Redtail Technology uses a PCI Standards Council valid, third-party intermediary (Nationwide through Tri Counties Bank) to manage the credit card processing. This intermediary is solely a link in the distribution chain, and is not permitted to store, retain, or use the information provided, except for the sole purpose of credit card processing. If at any point you wish to cancel your Redtail subscription you may request that Redtail delete personal information pertaining to your billing account.

Forum
If you post on our forum or blog your username and other information you include is displayed in your postings or comments, and is therefore available to the public. All of your activities in the public areas of the forum will be identifiable to your User ID, and other people can see your published content.

Subsidiaries and Affiliates; Service Providers
We may from time to time use the services of affiliates, subsidiaries and unrelated service providers in the operation of the Site, and may disclose personal information to them in the course of our use of their services. For example, we may use the services of third-party partners to integrate with the Site. This may involve the exchange of data, including personal information, on servers operated by those partner companies. We take care to use only partners that we believe are reputable and able to live up to our and your expectations, including about the handling of confidential information.

Your rights under data protection laws

Here is a list of the rights that individuals have under data protection laws. They don’t apply in all circumstances. If you wish to use any of them, we’ll explain at that time if they are engaged or not.

The right to be informed about the processing of your personal information
The right to have your personal information corrected if it is inaccurate and to have incomplete personal information completed
The right to object to processing of your personal information
The right to restrict processing of your personal information
The right to have your personal information erased (the “right to be forgotten”)
The right to request access to your personal information and to obtain information about how we process it
The right to move, copy or transfer your personal information (“data portability”)
Rights in relation to automated decision making which has a legal effect or otherwise significantly affects you

If you have any questions or concerns regarding these rights please contact us via the contact information below.

We Rely on the Following Legal Grounds to Use Your Personal Information:

Where it is needed to provide you with our products, services, or use of our Site.

Where it is in our legitimate interests to do so, such as: managing our products and services, to follow guidance and recommended best practice of government and regulatory bodies, for management and audit of our business operations including accounting, to carry out monitoring and to keep records of our communications with you and our staff, for market research and analysis and developing statistics, for direct marketing communications and related profiling to help us to offer you relevant products and services, subject to the appropriate controls to provide insight and analysis of our customers to business partners, for some of our profiling and other automated decision making, and/or where we need to share your personal information in order to run our business or comply with any legal and/or regulatory obligations.

To comply with our legal obligations or for a public interest.

With your consent or explicit consent: for some direct marketing communications; for some of our profiling and other automated decision making; and/or for some of our processing of special categories of PII.

Your Use of Other Persons’ Information

In order to facilitate the services provided, the Site allows you in certain circumstances to give other Users limited access to the personal information of other persons. For example, if you are a Subscriber, you may use the Site to give access to a staff member to the personal information of your Customers. By entering into our Terms of Use, you agree that, with respect to the personal information of other persons that you collect, use and disclose on the Site, you have all necessary consents, permissions, and rights to collect, use and disclose that information as described in this Privacy Policy, and you agree that the indemnity you give to us in the Terms of Use applies to any non-compliance by you with the foregoing.

Data Controller and Data Processor

Redtail does not own, control or direct the use of any of the PII stored or processed by a Customer or User via the Site. Only the Customers or Users are entitled to access, retrieve and direct the use of such PII. We are largely unaware of what PII is actually being stored or made available by a Customer or User to the Site and do not directly access such PII except as authorized by the Customer, or as necessary to provide services to the Customer and its Users. Because we do not collect or determine the use of any PII and because we do not determine the purposes for which such data is collected, the means of collecting such data, or the uses of such data, Redtail is not acting in the capacity of data controller in terms of the European Union’s General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter “GDPR”), the California Consumer Privacy Act (“CCPA”), or other applicable data protection laws (collectively with CCPA and GDPR, “Data Protection Laws”), and does not have the associated responsibilities under the Data Protection Laws. Redtail should be considered only as a processor on behalf of its Customers and Users as to any PII that is subject to the requirements of the Data Protection Laws. Except as provided in this Privacy Policy, Redtail does not independently cause PII stored in connection with the services to be transferred or otherwise made available to third parties. Such actions are performed or authorized only by the applicable Customer or User.

The Customer or the User is the data controller under the Data Protection Laws, meaning that such party controls the manner such PII is collected and used as well as the determination of the purposes and means of the processing of such data.

Other Information Collectors

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties through the Site, whether they are Subscribers or Customers or otherwise, different rules may apply to their use, collection and disclosure of the personal information you disclose to them. Since we do not control the information use, collection or disclosure policies of third parties, you are subject to their privacy policies. We encourage you to ask questions before you disclose your personal information to others.

Special Note on Text Messaging

We do not use your phone number to send commercial or marketing text messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. If you choose to opt-in to receive text messages, you consent to receive promotions from us, our affiliates, brands, and third parties with whom we do business or have a contractual relationship. Notwithstanding the foregoing, we may, however, use your phone number without further consent to send you text messages for non-marketing or administrative purposes (such as notifying you of major Site changes or for customer service purposes).

How to Access and Change Your Personal Information, or Opt-Out

You may use your account to access, correct, or change any personal information that you have provided to us or that is associated with your account. Unless otherwise required by law, we reserve the right to require verification of identity and reject opt-out requests in our sole discretion. Of course we are unable to remove any information about you from databases operated by third parties. We do not accept opt-out requests via fax or mail. If we are processing your Personal Information based upon the lawful ground of your consent, you have the right to withdraw your consent for such processing at any time without affecting the lawfulness of the processing based on consent before it is withdrawn. You may also contact us to request access to, transfer of, and rectification or erasure of your PII, or restriction of processing; and to object to processing. Specify the nature of your request and the information that is subject to your request. Please note that changes you request may not be effective immediately. Note that despite any request for removal of or change to personal information, we may need to retain certain information for recordkeeping purposes and there may also be residual information that will remain within our databases and other records, which will not be removed or changed.

After registering, you may also review and request to make changes to your personal information at any time. You may review and/or make changes to your personal information by logging into your account and making such changes in the Manage Your Subscription area. If you disclose personal information in any posting in our forum or blog and wish to have it removed, please contact us at the support contact information posted on the Site.

Third-Party Websites

Our Site may contain links to third-party websites, which may have privacy policies that differ from our own. Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties through these third-party websites, different rules may apply to their use, collection and disclosure of the personal information you disclose to them. Since we do not control the information use, collection or disclosure policies of third parties, you are subject to their privacy policies. We are not responsible for the activities and practices that take place on these sites. Accordingly, we recommend that you review the privacy policy posted on any site that you may access through our Site.

Our Commitment to Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, Redtail does not knowingly collect or maintain Personal Information or non-Personal Information on the Site from persons under 18 years of age, and no part of our Site is directed to persons under 18. If you are under 18 years of age, then please do not use or access the Site at any time or in any manner. If Redtail learns that Personal Information of persons under 18 years of age has been collected on the Site without verified parental consent, then Redtail will take the appropriate steps to delete this information.

Compliance with Maine Predatory Marketing Law

Redtail does not knowingly collect or maintain PII on the Site from persons under the age of 18 whose IP address shows that person is located in Maine. If you are under 18 and are located in Maine, please do not use or access the Site at any time or in any manner.

Special Note to Non-California Users and International Users

The Site is hosted in the United States and is intended for and directed to Users in the State of California. If you are a User accessing the Site from the European Union, Asia, or any other region or state other than California with laws or regulations governing personal data collection, use, and disclosure, that differ from United States or the state of California laws, please be advised that through your continued use of the Site, which is governed by U.S. law and California law, this Privacy Policy, and our Terms of Service, you are transferring your Personal Information to the United States.

California Customers – Your California Privacy Rights

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact us at support@redtailtechnology.com.

The California Consumer Privacy Act (“CCPA”) provides specific protections and rules with respect to California’s own definition of “Personal Information,” which includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. The below chart provides additional detail on the categories of Personal Information we collect and the purposes for which we use Personal Information.

Categories of Personal Information Collected	Business Purposes for Collection
Personal Identifiers (e.g., name, email address, date of birth, delivery address, credit card number)	Marketing (including for example advertising, customer acquisition and lead generation, performance media, audience segmentation, event organization, web traffic analytics, brand promotion and analytics, surveys and consumer research, campaigns, management of partner relationships, social media content distribution and analytics, mobile communications, contest administration, and customer engagement and analytics) Operational purposes and customer service (including service and product processing, payment processing, anti-fraud, sales data reporting, third-party coordination, and mobile and web services and analytics) Employment and recruiting (including conducting background checks and employment eligibility verification, for interview purposes, payroll administration and employee timekeeping, benefit administration, creation of tax forms, office administration, business expense processing, industry benchmarking, and internal communications) Legal compliance
Commercial information (e.g., purchasing activity)	Marketing (see above examples) Operational purposes and customer service (see above examples)
Internet or other electronic activity information (e.g., clickstream data and information regarding interaction with a web site)	Marketing (see above examples) Operational purposes and customer service (see above examples) Employment and recruiting (see above examples)
Inferences drawn from personal information (e.g., preferences)	Marketing (see above examples) Employment and recruiting (see above examples)
Miscellaneous categories of consumer information (e.g., household income, gender, marital status, dietary habits, allergies)	Marketing (see above examples) Operational purposes and customer service (see above examples)

In addition, pursuant to Cal. Civ. Code §§ 1798.110 and 1798.115, you have the right to request once every 12 months, free of charge, the disclosure of the categories of personal information collected by us, the categories of sources from which your personal information is collected, the business or commercial purpose for collecting or selling such information, the categories of third parties with whom we share your information, the specific information we have collected about you, and the personal information that was sold, if any, to third parties in the preceding 12 months. If you want to review, verify or correct your personal information, please contact us as discussed below. However, please note, there are instances where applicable law or regulatory requirements do not allow us to provide all of the information that we hold about you and/or such information may have already been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. We will not sell or rent your Personal Information to third parties without your explicit consent.

Pursuant to Cal. Civ. Code § 1798.125, we are also forbidden from discriminating against you because of your exercise of a right under the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) by denying your goods or services, by charging different prices or rates for goods or services, by providing a different level or quality of goods or services, or suggesting any of the foregoing.

Legal Process and Other Disclosures

Consistent with our privacy commitments, we will scrutinize third party requests for information about you for compliance with the law, including those coming from governmental agencies or civil litigants. We may access, use, preserve or disclose information about you only when we have a good faith belief that it is reasonably necessary to do so to satisfy the applicable law, regulation, legal process or lawful governmental request of any country, or to protect the rights, property or safety of Redtail, its users or the public. We will provide notice of legal process or governmental requests unless prohibited to do so by law or the circumstances warrant otherwise.

In the Event of Merger, Sale, or Bankruptcy

In the event that Redtail is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information and/or PII is treated, transferred, or used.

Questions and Comments

If you have any questions regarding these Terms or your use of the Site, please contact us here:

Redtail Technology, Inc.
3131 Fite Circle
Sacramento, California 95827
(800) 206-5030 (toll free)
(916) 352-6538 (fax)
support@redtailtechnology.com