Curvature Securities Privacy Policy

Updated: April 09, 2021

This privacy policy (the “Privacy Policy”) applies to the Curvature Securities mobile application and its features and functionalities (the “App”), owned and operated by Curvature Securities, LLC (“Curvature”, “we,” “us,” or “our”). We have created this Privacy Policy to tell you as the user (“you”) what information the App may collect, how we may use that information, and who we may share that information with. This Privacy Policy does not address the privacy practices of any third parties that we do not own or control. By using our App, you agree to the terms of this Privacy Policy and the accompanying Terms of Use. We encourage you to read the Privacy Policy to help you make informed decisions.

1. Information We Collect and Receive

You authorize us to collect and receive the following information (collectively, “Information”) while operating the App.

a. Personal Information. When you sign up to become a user or contact us, you will be required to provide us with certain personal information about yourself, including, but not limited to, your name, e-mail address, physical address and phone number (“Personal Information”). We do not collect or receive any Personal Information from you when you use the App unless you provide it to us voluntarily.

b. Payment Information. If you choose to make a purchase or subscribe to a feature or service ours that requires a fee, you may be required to provide us with your payment information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (“Payment Information”). Such Payment Information may be collected and processed by us or our third-party payment vendors pursuant to their privacy policies and terms of use.

c. Geolocational Information. We may automatically collect geolocational information from your mobile device, wireless carrier or certain third-party service providers (“Geolocational Information”). Collection of such Geolocational Information occurs only when the App is running on your device. You may decline to allow us to collect such Geolocational Information, in which case we may not be able to provide certain features or functionalities to you.

d. Third-Party Analytics. We and the third-party technology providers with which we work may use third-party analytics services to evaluate your use of the App, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the App and usage. These third parties may use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these providers in the manner and for the purposes set out in this Privacy Policy. If you opt out of any such service, you may not be able to use the full functionality of the App.

e. Other Information. In addition to the Personal Information, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the App, your interactions with us and information regarding your computer and mobile devices used to access the App (collectively, the “Other Information”), which may include, without limitation: (i) additional information about yourself that you voluntarily provide to us, such as your gender and your product and service preferences; (ii) information regarding your activity, such as IP address, date and time, browser type, search queries and other performance and usage data; and (iii) information regarding your mobile device, operating system and version, carrier and network type.

2. Cookies

We may use both session cookies, which expire once you close the App, and persistent cookies, which stay on your mobile device until you delete them and other technologies to help us collect data and to enhance your experience with the App. Cookies are small text files an app can use to recognize a repeat visitor to the app. We may use cookies for various purposes, including to: (a) personalize your experience; (b) analyze which portions of the App are visited and used most frequently; and (c) measure and optimize advertising and promotional effectiveness. If you do not want us to deploy cookies in the App, you can opt out by setting your mobile device to reject cookies. Your ability to use certain App features may be affected if you disable cookies.

3. Information Collected by or Through Third Parties

We may share Other Information about your activity on the App with third parties for ad distribution and ad optimization (i.e., behavioral, contextual, retargeting, analyzing, managing, reporting, and optimizing of ads). These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and other technologies to collect Other Information for such purposes. Pixel tags enable us and these third-party advertising companies to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. In addition, we may receive Other Information from advertisers and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data.

4. How Information May Be Used and Shared

a. We may use the Information to: (i) provide and improve our App; (ii) provide our services; (iii) handle billing and account management; (iv) administer promotional programs; (v) solicit your feedback; and (vi) inform you about our products and services.

b. We may engage third parties to perform functions on our behalf, including, without limitation, technical assistance, customer service, marketing assistance and administration of promotional programs. These third parties will have access to the Information only as necessary to perform their functions and to the extent permitted by applicable law.

c. In an ongoing effort to better understand our users, the App, and our products and services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the App and such products and services. This aggregate information does not identify you personally. We may share or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the App and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.

d. We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets without notice to you.

e. To the extent permitted by law and in compliance with rules and regulations applicable to broker-dealers, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others.

f. We may share Information for any other purposes disclosed to you with your consent.

5. Accessing and Modifying Information

If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us as set forth below. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the App (e.g., requests for support). We may also deliver notifications to your mobile device (e.g., push notifications). You can disable these notifications by deleting the relevant service or by changing the settings on your mobile device.

6. How We Protect Your Information

Any information you share with us via email or the internet is not completely secure. We take reasonable steps to protect personal information provided via the App from loss, misuse and unauthorized access or disclosure, however, no internet or email transmission is ever fully secure or error-free. Due to the nature of the internet, there is a possibility that unsecured email or internet transmissions may be intercepted and read by third parties. We assume no responsibility for interception of Information that you send in any unsecured email message or other internet transmission to or from the App. Therefore, you should take special care in deciding what information you send to us via the App, email or other internet transmission. YOU ACKNOWLEDGE AND AGREE THAT DESPITE OUR EFFORTS, THERE MAY BE TIMES OR SITUATIONS WHEN YOUR INFORMATION IS INADVERTENTLY DISCLOSED BY US OR BY A THIRD PARTY TO WHOM WE HAVE DISCLOSED YOUR INFORMATION. YOU HEREBY ACCEPT THAT RISK AND WAIVE ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES AND LIABILITY AGAINST US IN THE EVENT OF SUCH INADVERTENT OR NEGLIGENT DISCLOSURE OF INFORMATION.

7. Notice to California Residents

This section provides additional details about the Personal Information we collect about California residents and the rights afforded to them under the California Consumer Privacy Act (“CCPA”). The CCPA does not apply to what is referred to as nonpublic personal information collected by financial institutions (like Curvature), as that information is subject instead to other financial privacy laws. As a result, the CCPA does not apply to most of the Information that we collect.

Subject to certain limitations and exceptions, the CCPA provides California residents the right torequest more details about the categories and specific elements of Personal Information we collect, to delete their Personal Information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights. We do not sell Personal Information about you to third parties. 

In the last 12 months, we collected the following categories of Information subject to the CCPA: identifiers (such as email address and IP address), approximate geolocation information, and Internet or other electronic network activity information (such as browsing history and related usage data). For more details about the Information we collect and the categories of sources of this Information, please see the “Information We Collect and Receive” section above. We may share this Information with the categories of third parties described in the “How Information May Be Used and Shared” section above.

California residents may make a consumer rights request for access to certain Personal Information subject to the CCPA, not otherwise exempted as nonpublic personal information collected by financial institutions, by sending an email to toddpigott@curvaturesecurities.net. We may verify the request by asking you to provide information that matches information we have on file about you. You can designate an authorized agent to exercise these rights on your behalf, but we will require proof that the agent is authorized to act on your behalf and may ask you to verify your identity with us directly.

8. Important Notices to Non-U.S. Residents

The App and its servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the App, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

9. Notice to EU Residents

If you are located in the European Economic Area (“EEA”), you may have additional rights under the EU General Data Protection Regulation (the “GDPR”). This section applies only to individuals located in the EEA. It describes how we may collect, use and share Personal Data of EU residents in operating our business, and EU residents’ rights with respect to that Personal Data. 

For purposes of this section, “Personal Data” has the meaning given to it in the GDPR but does not include Information exempted from the scope of the GDPR. Curvature is the controller of your Information in connection with services provided through the App.

The “Information We Collect and Receive” section above details the Personal Data we collect from and about you. The “How Information May Be Used and Shared” section above explains how we use and share your Personal Data. We will only process your Personal Data if we have a valid legal reason for doing so, including your consent, contractual necessity, and our “legitimate interests” or the legitimate interests of others.

You have the right to request access to your Personal Data, to have your Personal Data corrected, restricted or deleted, and to object to our processing of your Personal Data. You also have the right of data portability, which means that you can request that we provide you (or a third party you designate) with a transferable copy of Information that you have provided to us. Your rights may be subject to various limitations under the GDPR. If you wish to exercise any of these rights, or if you have concerns about our processing of your Personal Data, please contact us in any of the ways listed in the section “Contact Us” below. We reserve the right to confirm your EU address and will need to confirm your identity to process your request.

By using the App, you acknowledge that any Personal Data about you is being provided to Curvature in the United States and you authorize us to transfer, store and process your Information to and in United States and elsewhere.

10. App Stores; External Websites

Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the App, such as Personal Information, Payment Information, Geolocational Information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies. The App may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

11. Children

The App is not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13. We ask that minors not use the App. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records.

12. Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the App. By accessing the App after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

13. Contact Us

If you have questions about this Privacy Policy, please e-mail us at toddpigott@curvaturesecurities.net  with “Privacy Policy” in the subject line or mail us at the following address: toddpigott@curvaturesecurities.net