FMG SUITE, LLC d/b/a Vestorly
Last Updated: November 2022
- Information We Collect
- Information Collected Related to California Residents
- How We Use Information We Collect
- The Vestorly Platform
- Sale of Personal Information
- Cookies and Similar Technologies
- Your Failure to Provide Personal Information
- Our Retention of Your Personal Information
- Sharing Personal Information
- Your Privacy Choices
- Our Opt-in/Opt-out Policy
- Your Marketing Choices
- Third Party Service Providers, Websites and Widgets
- Children’s Privacy
- International Transfer
- Direct Marketing and “Do Not Track” Signals
- Changes to this Privacy
- How to Contact Us
Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. Learn more about our data transfer operations in the “International Transfer” section below. If you do not agree to the transfer, storage and use of your information in the United States, and any other country where we operate, please do not use the Site or services.
3. Information We Collect
We collect information, including personal information, to provide better Services to all our visitors. We use the term “Personal Information” to refer to any information that identifies or can be used to identify you. Common examples of Personal Information include: full name, email address, information about your device, and certain metadata.
The Personal Information which we collect includes, but is not limited to, the following circumstances and data elements:
If you express an interest in obtaining additional information about our Services, request customer support, use the “Contact Us” or similar features on our Site, register to use our Sites or Services, or download certain content, we may require that you provide to us your contact information, such as your name, organization, phone number, or email address, and in some instances, you may elect to provide us with location and address information;
If you report a problem or have a question about our Services, you may provide us with contact information, such as a phone number or email address;
If you use and interact with our Sites or emails, we automatically collect information about your device and your usage of our websites or emails through cookies, web beacons or similar technologies, such as Internet Protocol (IP) addresses or other identifiers, which may qualify as Personal Information under applicable law;
If you voluntarily submit certain information to our Services, such as filling out a survey or entering a contest or promotion, we collect the information you have provided as part of that request; and
In some instances, you may provide to us Sensitive Personal Information. We use the term “Sensitive Personal Information” as defined by the privacy laws in some countries, which means personal information from which we can determine or infer an individual’s racial or ethnic origin, political opinions, religious beliefs, trade union membership or professional association, physical or mental health condition, medical treatment, genetic data, biometric information, and information about an individual’s sexual life or sexual orientation. We only process Sensitive Personal Information in your jurisdiction to the extent permitted by applicable law. You are not required to provide Vestorly with any of your Sensitive Personal Information, and choosing not to do so will not prevent you from purchasing any Services from Vestorly. We do not generally collect Sensitive Personal Information unless it is volunteered by you. For example, we may use health information provided by you to serve you better and meet your particular needs, such as for the provision of disability access.
4. Information Collected Related to California Residents
During the last twelve (12) months, we have collected the following categories of personal information from consumers.
We obtain the categories of Personal Information listed above from the following categories of sources:
Directly from our customers or their agents. For example, from oral or electronic communications such as email with our customers related to the products which they purchase.
Indirectly from our customers or their agents. For example, through information we collect from our clients in the course of providing Services to them.
Directly and indirectly from activity on our websites ( www.fmgsuite.com or www.vestorly.com ). For example, from website usage details that are collected automatically. In addition, like many companies, we use “cookies” which are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of the site and to track usage behavior of, for example, the webpages you visit.
Directly and indirectly from activity on the Vestorly Platform.
From social media websites, such as Facebook, Twitter, LinkedIn, YouTube, Instagram, and Pinterest.
From third parties that interact with us in connection with the services we perform.
5. How We Use Information We Collect
We use your Personal Information in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:
To present, operate or improve the Site and Services, including analysis of Site activity;
To provide you with services and products;
To improve our services and products;
To authorize access to our Sites and services;
To respond to technical problems;
To respond to, process and deliver your communications, requests, surveys, or contest entries;
To process applications for employment that you submit through the Sites;
To contact you to request feedback about your experience with our products and services or learn about your demographics, preferences or interests;
To communicate with you about new contests, promotions or rewards, upcoming events, trade shows or conferences, changes to the Site or our products or services, or other news about products and services (whether offered by Vestorly or our partners);
To inform you about Services and products available from Vestorly;
To validate your identity or verify communications from you;
To offer and administer programs;
To customize or tailor your experience of the Services;
To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews;
To respond to and support users regarding their use of the Sites and Services;
To comply with all applicable legal requirements;
For any other purpose that is disclosed to you at the point of collection of the personal information, for any purpose for which you provide your prior consent, or for any other lawful purpose.
We may use your Personal Information in furtherance of our legitimate interest to provide you with the Services offered by Vestorly. We may also use your information to manage our contractual relationship with you or to comply with our legal obligations.
To the extent we rely on consent for the processing of your Personal Information, we will seek such consent at the time we collect your personal data. We may also use the Personal Information we obtain about you in other ways for which we provide specific notice at the time of collection.
6. The Vestorly Platform
Client Information. We collect information about individuals within our Client’s organization (“Client Information”). Client Information may include information related to the Client’s account, name, work e-mail address, work phone number, job title or similar kinds of information. We use Client Information to support the Client account, maintain our business relationship with the Client, respond to Client inquiries, or perform accounting functions. Clients may update Personal Data and password by logging into the Vestorly Platform and updating their account. Clients may contact Vestorly support in order to delete their Personal Data. In some cases, we may not be able to delete Client Information, and in such cases we will tell you why.
Information about our Client’s Contacts. We collect information about any contacts that may be uploaded into the Vestorly Platform (“Information about our Client’s Contacts”). Information about our Client’s Contacts may include name, e-mail address, phone number, job title, birthday, anniversaries or similar kinds of information. We use Information about our Client’s Contacts for the purposes of marketing to such contacts. Clients may update or delete Information about their contacts in the Vestorly Platform. Clients may also contact Vestorly support in order to update and delete such information. In some cases, we may not be able to delete such information, and in such cases we will tell you why.
Archival Information. We collect communications information for archival purposes on behalf of, and as directed by, our Clients. This information may include emails, texts, websites, social media messages or posts, and other forms of data or electronic communications (“Archival Information”). Archival Information includes data about our Clients and the third parties they correspond with. We do not control or monitor the information our Clients collect and store through our services, or their privacy practices or policies. It is our Client’s obligation to obtain all necessary consents and to comply with all applicable laws with respect to the Client’s communications and use of our services. Our Client’s privacy policies or practices apply to Archival Information, the purposes for which the Client collects Archival Information, how the Client may use Archival Information and what choices the individual may have with respect to Archival Information. Individuals must contact the applicable Client in order to correct, amend, or delete their information, or to opt out of any collection, uses or disclosure of their information by our Client.
Automatically Collected Information. We collect information automatically about how our Clients use our services (“Automatically Collected Information”). We do this via data collection technologies such as cookies, web beacons, gifs or other tracking technologies. We collect this information in order to monitor, support and improve our services or to provide Clients with certain customized features. We may use Automatically Collected Information to tell us how our Clients use our services, to improve our services or develop new products, services or features. We may combine this information with other information we collect.
We treat Client Information, Information about our Client’s Contacts, Archival Information and Automatically Collected Information as the confidential and proprietary information of our Clients, subject to the terms of the Vestorly Terms of Service and any other service agreement between Vestorly and the Client. We do not share Client Information, Information about our Client’s Contacts, Archival Information or Automatically Collected Information with third parties unless directed to do so by our Client, as may be necessary to provide services to the Client, to our advisors, channel partners, affiliates, representatives, agents, service providers, in connection with a business transaction (such as a merger or sale), as allowed under the terms of our agreement with our Client, or in response to a court order, subpoena, warrant or to comply with a legal requirement or to cooperate with an investigation. We may disclose Client Information, Information about our Client’s Contacts, Archival Information or Automatically Collected Information for the aforementioned reasons, or in order to protect our rights or the rights of our affiliates, clients, channel partners or service providers.
We will retain client information we process on behalf of our Clients for as long as needed to provide services to our Client, or for the period of time requested by a particular Client.
7. Sale of Personal Information
In the preceding twelve (12) months, we have not sold any Personal Information.
8. Cookies and Similar Technologies
We and our partners use various technologies to collect and store information when you visit one of our Sites or Services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third party advertising and analytics partners include Google, Bizible, Pardot, CallidusCloud, Salesforce, and similar partners.
The technologies we use for this automatic data collection may include:
Web Beacons. Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Clickstream Data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.
9. Your Failure to Provide Personal Information
Your provision of Personal Information is required in order to use certain Services and programs. In some instances, if you fail to provide such Personal Information, you may not be able to access and use our Services, or parts of our Services.
10. Our Retention of Your Personal Information
11. Sharing Personal Information
Vestorly may disclose your Personal Information to commercial providers for a business purpose, which include verifying your identity when making a payment. When we disclose Personal Information for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes set forth in the contract.
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for one or more business purposes:
California Customer Records Personal Information categories;
Internet or other network activity information;
Inferences drawn from other personal information.
We disclose your Personal Information for a business purpose to the following categories of third parties:
Strategic business partners who provide goods, services and offers that enhance your experience at our properties, or that we believe will be of interest to you, such as personalized and unique travel experiences;
Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with the Services we provide to you. These third parties include accommodation and food service providers, transportation services, health club, spa, concierge and other outlets and similar vendors in order to provide our services and programs to you;
Service providers and other third parties we use to support our business, including without limitation those performing core services (such as reservations, billing, credit card processing, customer support services, customer relationship management, accounting, auditing, processing insurance claims, administering sweepstakes, surveys, advertising and marketing, analytics, email and mailing services, data storage, and security) related to the operation of our business and/or the Services, the operation of our properties and properties operated under our family of trademarks, the provision of services at those properties, the processing and fulfillment of your orders, and making certain functionalities available to our users;
Enterprise accounts, such as your employer.
We may disclose your Personal Information for legal reasons. Specifically, we will share Personal Information with companies, organizations or individuals outside of Vestorly if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
Fulfill any purpose for which you provide it;
Meet any applicable law, regulation, legal process or enforceable governmental request;
Detect, prevent, or otherwise address fraud, security or technical issues;
Protect against harm to the rights, property, assets or safety of Vestorly, the public, content found on the Services, or to protect the Services from unauthorized use or misuse, as required or permitted by law;
For any other purpose disclosed when you provide the information; and,
When we obtain your consent to do so.
We attempt to notify you about legal demands for your Personal Information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
12. Your Privacy Choices
You may have certain rights relating to your Personal Information, subject to local data protection law. We aim to provide you with choices about how we use your Personal Information. Subject to applicable law, you may obtain a copy of Personal Information we maintain about you. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.
1. Privacy Rights Specific to California Residents
Under the California Consumer Privacy Act, California residents have specific rights regarding their personal information. This section describes California Residents’ rights and explains how California residents can exercise those rights.
Below we further outline specific rights which California residents may have under the California Consumer Privacy Act.
Right to Access Your Data. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past twelve (12) months. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
Right to Data Portability. You have the right to a “portable” copy of your Personal Information that you have submitted to us. Generally, this means you have a right to request that we move, copy or transmit your Personal Information stored on our servers or information technology environment to another service provider’s servers or information technology environment.
Right to Delete Your Data. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
Right to Non-Discrimination for the Exercise of Your Privacy Rights. You have the right not to receive discriminatory treatment by us for exercising your privacy rights conferred by the California Consumer Privacy Act.
Exercising Your Rights
If you are a California resident who chooses to exercise your rights, you can:
Submit a request via email to email@example.com or via the online portal at www.fmgsuite.com , or
Call our toll-free telephone number at 1 (844) 876-9836 to submit your request.
You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification.
Our Response to Your Request
Upon receiving your request, we will confirm receipt of your request by confirming receipt via our online portal. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.
We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
Debug products to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
Comply with a legal obligation; or
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
13. Our Opt-in/Opt-out Policy
We currently provide the following opt-out opportunities:
At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us or a Kids II Partner to unsubscribe from the service.
14. Your Marketing Choices
You may have certain choices when it comes to how we use your data and we want to provide you with information to make the choices that are right for you.
Interest-Based Ads and Other Online Advertising. Visit https://www.networkadvertising.org or https://www.aboutads.info to learn more about your options for opting out of interest-based advertising. For more information on various opt-out options, visit the “Interest-Based Advertising” section above. We do not guarantee that all of the third parties we work with will honor the elections you make using those options. Please also keep in mind that even if you opt-out of receiving ads tailored to your apparent interests, you will continue to see online ads, but the ads that you see therefore may be less relevant to your interests.
Mobile Devices. Your mobile device may offer settings relating to cookies, pixel tags, Flash cookies, and other similar technologies. We encourage to you to visit your device’s help menu to learn about your options to limit tracking when using your device. For some information on controlling your mobile choices, click here.
Social Media Platforms and Networks. We encourage you to review your privacy options and settings with the social media platforms and networks you use to understand what choices you have about sharing information from those platforms and networks with us.
Email Marketing. You can opt-out of receiving marketing emails from us by sending us an email stating your request to firstname.lastname@example.org. If we or one of our service providers acting on our behalf have sent you a promotional email, you may use the “unsubscribe” link or send us a return email asking to be omitted from future email distributions. Please keep in mind that opting out of marketing emails may impact our ability to allow you access to certain offers, benefits and features. Please also note that even if you opt out of receiving certain marketing emails, that opt-out may not apply to other transactional or legal communications that you may continue to receive from us, such as customer service messages, messages about your account or transactions with us, notices about our policies and terms, and emails responding to your communications with us or requests for information that we receive from you.
15. Third Party Service Providers, Websites and Widgets
The Site may contain links to webpages or content sponsored or provided by third parties. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the user to take precautions to ensure that whatever links the user selects or software the user downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Third party websites and services may have their own privacy policies, which the user will be subject to upon linking to the third party’s website. These sites and services may use their own cookies or data tracking technologies to collect data or information from you. Vestorly does not share the information that you provide us with these third parties; however, these third parties may obtain information about you if you click on a third party link.
Please note that certain widgets, like the Facebook “like” or “share” buttons, on the Site may collect information about you, such as your IP address, automatically through cookies and may combine information about your use of our Site with information they collect in other areas. Vestorly has no control over the practices of these widgets and is not responsible for their privacy practices. Please visit the privacy policies of each of these third parties to learn more about how they collect and use your information.
We maintain administrative, technical and physical safeguards designed to protect user’s Personal Data and information and follow generally accepted industry standards to protect the personally identifiable information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is one hundred percent secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
17. Children’s Privacy
The Site is not intended for use by children. We do not intentionally gather Personal Data about visitors who are under the age of 16. If a child has provided us with Personal Data, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 16 in the applicable jurisdiction, please contact us at email@example.com. If we learn that we have inadvertently collected the personal information of a child under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.
18. International Transfer
19. Direct Marketing and “Do Not Track” Signals
Vestorly does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.
California residents are entitled to contact us to request information about whether we have disclosed Personal Data to third parties for the third parties’ direct marketing purposes. We do not disclose Personal Data to third parties for the third parties’ direct marketing purposes. California users may request further information about our compliance with this law by e-mailing us at the address listed in the “How to Contact Us” section.
20. Changes to this Privacy
21. How to Contact Us
Send e-mail to: firstname.lastname@example.org
Send mail to our address:
FMG Suite, LLC d/b/a Vestorly
12395 World Trade Drive, Suite 200
San Diego, CA 92128
Attn: Privacy Department
Contact us at this toll-free telephone number:
1 (844) 876-9836