(Effective January 1, 2022, revised September 13, 2022)
IMPORTANT NOTICE: Bespoke is not a law firm and we do not provide services that constitute the practice of law. As a result, although communications among us are confidential, they are not protected by attorney-client privilege.
Information We Collect
Bespoke collects, stores, and uses information from and about our clients to help us deliver services to our clients, to offer new products or services to our clients, and to fulfill legal and regulatory requirements. We collect information about our clients from the following sources:
- Information provided directly from our clients or from financial, tax, legal, or other advisors on our clients’ behalf. This information may include sensitive business or estate planning agreements, financial records, personal financial statements, and other private information.
- Information provided to us, to our affiliates, or to our staff on account applications and related forms required to fulfill Know Your Customer (KYC) processes.
- Other information disclosed to Bespoke by third parties we interact with on behalf of our clients.
- Information regarding clients’ transaction histories (such as products or services purchased, account balances, trading history, and payment history), as well as information provided by custodial companies, service companies, financial institutions, employers, and consumer reporting agencies (potentially including transactions or credit relationships with unaffiliated third parties), or from available blockchain records.
- Information on your business activity. While it may not constitute personal information, we often collect data regarding our clients’ business interests, which may include values, the identity of associated parties, financial account balances, transaction history, and other business-related data. We understand your business-related data is sensitive (and in some cases, confidential). As such, we do not access, use, or disclose client business-related data except as set forth in the Sharing Information section on this Policy.
All information, whether or not in writing, concerning a client’s business, investment holdings, financial affairs, business or other relationships, and/or personal information that has not been previously released to the general public and all tangible embodiments of such information (referred to generally as “Confidential Information”) are the exclusive property of the client. Confidential Information includes, without limitation and for purposes of illustration, material that has not been made generally available to the public, such as:
- Demographic information concerning the client or any member of the client’s family;
- Financial information, including investment positions, assets, cost and performance data, account information and values, debt arrangements, equity structures, investors and holdings, profit & loss reports, tax returns and supporting tax return information, and similar financial information;
- Corporate information, including partnership or operating agreements, bylaws, minutes or similar records of discussions and decisions, investment positions, subscription agreements, strategies, methods, policies, resolutions, negotiations, market analyses or projections, and/or litigation; and
- Operational information, including governing documents of business entities in which the client has an equity or beneficial interest that the client or a third party has disclosed to Bespoke.
Confidential Information also includes information received in confidence from the client, from one or more members of the client’s family, and from other third parties.
Pursuant to federal law, we may not disclose a client’s Confidential Information without the client’s prior consent, unless the disclosure is needed to:
- Provide services requested by the client, including, but not limited to:
- clearing, transferring, confirming, or reconciling transactions in client accounts; and
- providing statements or other records regarding the status or value of the client’s account(s);
- Communicate to the client regarding our products and services, as well as those offered pursuant to joint agreements with our affiliates or non-affiliated third parties, so long as all parties offering the products or services have agreed in writing to protect the confidentiality of the client’s information and to not use it for any other purpose;
- Enforce our rights, including the collection of any fees or other payments due;
- Comply with mandatory disclosures to regulatory or law enforcement organizations;
- Respond to a subpoena or discovery request;
- Provide disclosures as otherwise required by law.
We may provide such information to Bespoke’s affiliates and/or unaffiliated financial or non-financial services providers (such as insurance companies, mutual fund companies, banks, investment firms, third-party administrators, clearing firms, and other third parties who assist us in providing services to the client.
We will never sell, share, or disclose your Confidential Information to third-party marketing companies.
Clients may request that their data be removed from our systems and / or that we not disclose their Confidential Information for any reason – other than as set forth above.
To request that we remove your data and / or not disclose your information for any purpose (other than those covered under the exceptions listed under “Sharing Information,” above), please contact us by email at . If we do not receive such a request from you within thirty (30) days of you opening an account, contracting for services, or receiving an updated privacy notice, we have the right to assume you do not object to the disclosure of your information if required by federal law until you notify us to the contrary. (Please note that the laws of certain states may impose additional restrictions upon the disclosure of clients’ Confidential Information.) We will promptly remove as much Confidential Information as is feasible, while maintaining our ability to comply with applicable insurance, regulatory, or legal requirements.
We may, in our discretion, retain various reports, schematics, analyses, summaries, descriptions, illustrations, or similar works we create using a client’s Confidential Information as part of the normal course of maintaining our business records. Such works will only be used for our internal business purposes and will not be disclosed to or shared with third parties except as described under the section titled “Sharing Information,” above.
Bespoke recognizes the need to prevent unauthorized access to the information we collect, including information held in electronic format. Bespoke authorizes access to your Confidential Information only to personnel who need that information to serve you. We maintain physical, electronic, and procedural safeguards regarding your Confidential Information to ensure that we comply with our own policy, standard industry practices, and applicable federal and state regulations. All physical documents containing client Confidential Information remain secured in locked storage when not in use, and all offices are locked when unoccupied. Electronic records are stored in end-to-end encrypted file storage and electronic communications take place either over password-encrypted networks or over encrypted VPN connections.
If you decide to close your account(s) or become an inactive client, we will continue to adhere to the privacy policies and practices regarding your information as described in this notice.