Revised October 2013
Commitment to Your Privacy
Maintaining your trust and confidence is a high priority. We recognize that protecting the privacy and security of our customers’ personal information is an important responsibility. That is why we want you to understand how we protect your privacy when we collect and use your information, and the steps that we take to safeguard that information. This notice is provided to you on behalf of WBI Investments, Inc.
This information is presented to you in conformity with 15 U.S.C. 6801-6810 and the Securities and Exchange Act of 1934 as amended by 15 U.S.C. 6801-6810.
YOUR NONPUBLIC PERSONAL INFORMATION
WBI DOES NOT SELL YOUR NONPUBLIC PERSONAL INFORMATION. WE WILL ONLY DISCLOSE YOUR NONPUBLIC PERSONAL INFORMATION, WHICH INCLUDES ANY PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU, AS INDICATED IN THIS POLICY, (A) WHEN WE HAVE OBTAINED YOUR CONSENT OR, (B) WE ARE REQUIRED BY LAW TO DISCLOSE SUCH INFORMATION.
NONPUBLIC PERSONAL INFORMATION COLLECTED
In order to provide you with the highest quality of service, WBI collects the following types of nonpublic personal information:
A. Information about You
(1) Information you provide on an application for an account, an investor profile and/or questionnaire, a financial plan or any other financial product or service, whether in writing, in person, by telephone, electronically or by any other means, such as your name, address, social security number, assets, liabilities, income, tax bracket and investment objectives; and
(2) Information we obtain for the purpose of tax reporting to you and to the various agencies to which we report as required by law, including disclosures on various Internal Revenue Service (IRS) forms that we collect.
B. Information about Your Accounts with Us
(1) Information that relates to account balance, payment history, trading activity, performance history and any other such transactions for which WBI provides investment advisory services;
(2) Information we collect to authenticate your identity in order to service your account in a secure and confidential fashion; and
(3) Information we collect through an Internet “cookie” (an information collecting device from a web server), or links to/from any unrelated third-party website with which ours may link.
C. Information about Your Transactions with Nonaffiliated Third Parties
(1) Information provided to other nonaffiliated third parties as required by law, including information shared in connection with a subpoena or other legal document compelling our compliance; and
(2) Information provided to other financial institutions in order to facilitate the commencement/continuation/termination of a business relationship between you and a non-affiliated service provided (i.e. broker/dealer, account custodian, other investment advisers, insurance company, fund product sponsor, etc.)
D. Information from a Consumer-Reporting Agency
(1) Information from a consumer-reporting agency regarding your creditworthiness, credit history and to verify information with regards to purchasing and selling securities and lending; and
(2) Information about the fact that you are a customer of WBI and that we have provided you a financial product or service.
INVESTMENT ADVISOR REPRESENTATIVES
The affiliated financial professionals of WBI may gather and retain customer information, financial information and/or investment objective/risk profile about you. Your representative will provide your information to our custodian firm and us. If you have questions about whether or how your representative uses or discloses such information, please contact your representative or us.
HOW WE USE CUSTOMER INFORMATION
We use customer information in order to: fulfill your requests for financial products and services; administer your accounts with us; develop new financial products and services of value to you; and comply with legal and regulatory requirements. We also use customer information to determine which products or services might be of interest to you. We may make these products and services available to you directly or through cooperation with others. In striving to serve you, we sometimes share customer information with others, as discussed further in the following section, “Sharing of Information by WBI.”
SHARING OF INFORMATION BY WBI
A. Within our Family of Affiliated Companies
We share customer information we obtain about present and former customers within our family of affiliated companies. This family is the group of companies related by common control or ownership. Such sharing within this family is a normal part of conducting our business and offering financial products/services to customers.
B. With Unrelated Companies
In order to provide customers with the services requested and with other valuable financial products and services, we also share customer information with companies not within our family of companies, such as: 1) our custodian firm(s) which holds your funds and securities; 2) the various product providers and sponsors such as mutual fund, insurance, other registered investment advisers and various product sponsors; 3) unaffiliated service providers such as data processing and compliance systems administrators, and printing operations; 4) governmental agencies, law enforcement officials and regulatory bodies; and 5) other organizations with your consent (e.g., managed account performance reporting).
While we reserve the right to share any of the information we collect, the amount and type of information we share depends in part on the products or services to be provided and on our relationships with these unrelated companies. Unrelated companies receiving customer information from us have entered or will enter into agreements with us to protect the information they receive from us before we release any of your information.
These agreements also limit the use of the information to providing the services we request. Unless an agreement to protect customer information is in place, we do not share customer information with other companies, except as permitted by law.
NONPUBLIC PERSONAL INFORMATION DISCLOSED
In the ordinary course of providing financial services for your account, nonpublic personal information is disclosed to nonaffiliated third parties as required by law or with your authorization. In addition, we may disclose the information we collect to financial institutions with whom we have a joint marketing agreement or with your authorization.
PRIORITIZING SECURITY OF INFORMATION
WBI is committed to maintaining appropriate measures to insure that your information is secure and confidential. WBI’s information and security procedures include, but are not limited to, the following features:
• Access controls on customer information systems, including controls to authenticate and permit access only to authorized individuals and controls to prevent employees from providing customer information to unauthorized individuals who may seek to obtain this information through fraudulent means.
• Physical access restrictions permitted only to authorized individuals at locations containing customer information, such as buildings, computer facilities, and record storage facilities.
• Encryption of electronic customer information where appropriate.
• Stringent pre-employment screening, including background checks.
• Monitoring systems and procedures to detect actual and attempted attacks on, or intrusions into, customer information systems.
• Response programs that specify actions to be taken when WBI suspects or detects that unauthorized individuals may have gained access to customer information systems.
• A disaster recovery plan to protect against loss of or damage to customer information due to potential environmental hazards, such as fire and water damage or technological failures.
WBI regularly revises and updates its information security program to keep pace with changes in technology.
WBI will only disclose nonpublic personal information about former customers as required by law or with your authorization.
CHANGES TO OUR PRIVACY NOTICE
Our policy about obtaining and disclosing information may change over time. We will provide you with notice of material changes to this policy and post any such changes on our website at www.wbiinvestments.com.
ACCESS TO YOUR INFORMATION
You may access, and if necessary, correct your account or other personal information through several means (e.g. telephone, e-mail, on-line services). Please contact your adviser representative or our customer service department if you require additional information.