Privacy Policy

SCOPE AND CONSENT
We may amend this Privacy Policy at any time by posting a revised version on this Site. The revised version will be effective at the time we post it. Therefore, we encourage you to periodically review this Privacy Policy to remain informed about how we are helping to protect the personal information we collect. If we make any material changes, we will provide notice on this Site prior to the change becoming effective.

NEXGEN honors your choices. You can choose whether you wish to receive alerts, emails, SMS messages, telephone calls and postal mail from us by choosing the appropriate notifications from our software. If we determine that your explicit consent is needed to send communications, we will obtain that consent before or at the time of data collection.

PRIVACY SHIELD
NEXGEN, which includes its respective successors, subsidiaries, divisions and groups, complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. NEXGEN has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

NEXGEN is responsible for the processing of personal data it receives, and under Privacy Shield we may subsequently transfer that data to a third party acting as an agent on our behalf. NEXGEN complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, NEXGEN is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, NEXGEN may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data security concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

CROSS-BORDER TRANSFERS
You acknowledge (a) that you are accessing a Site that is based in the United States, (b) that you are providing personal information to a company in the United States, and (c) that NEXGEN must adhere to laws of the United States. You agree that personal information collected on our Site may be stored and processed in the United States or any other country in which NEXGEN, its affiliates, partners, downstream service providers, or agents maintain facilities, and while in such jurisdictions may be subject to access pursuant to the laws of those jurisdictions. Each of these countries has different privacy laws that afford varying levels of protection for your personal information, and such laws may be less stringent or may not be as comprehensive as those laws that exist in your country.

HOW WE COLLECT YOUR PERSONAL INFORMATION
When you visit our Site, we collect the following types of personal information in order to provide you with use of and access to our Site and to help us personalize and improve your experience:

• Information we collect automatically: When you visit our Site, we collect information sent to us by your computer, mobile phone, or other access device. The information sent to us may include but is not limited to the following: data about the pages you access, computer IP address, device ID or unique identifier, device type, geo-location information, computer and connection information, mobile network information, statistics on page views, traffic to and from the sites, referral URL, ad data, and standard web log data and other information. We may also collect anonymous information through our use of cookies and web beacons.
• Information you provide to us: We may collect personal information, such as your name, address, phone, email and other similar information that you enter directly onto or in connection with our Site. Generally, personal information is requested when: (i) NEXGEN customers register to use the customer portal area of our Site and (ii) when visitors to our Site request certain information about NEXGEN products and services. If you fail to provide the requested personal information, you may not be able to access all or portions of the Site or purchase products and services.
• Other methods of collection: We may also collect information from or about you in other ways, such as through your contact with our customer support team, your results when you respond to a survey, and your interactions with members of the NEXGEN corporate family or other companies.
• Service Provider data collection and processing: In some cases, NEXGEN administers the Site on behalf of our customers, and in these circumstances we have no direct relationship with the individuals about, for, or from whom the personal information is collected. If you are a customer or end user of a NEXGEN direct customer (for example, you are an end user of our customer’s product or service) and you have questions or complaints about how your information is processed, then please contact our customer directly. You understand that your use of the Site may be subject to terms and policies provided by our customer and that NEXGEN is not a party to such agreements.

HOW WE USE THE PERSONAL IINFORMATION WE COLLECT; PURPOSES AND LEGAL BASES FOR PROCESSING
Our primary purpose for collecting and processing personal information is to provide you with a secure, smooth, and efficient visitor and customer experience. We may also use your personal information to:

1. operate the Site (the legal basis for processing is either performance of the agreement between us and you or our legitimate interest, more specifically our economic interest in offering you products and services);
2. provide support or to carry out the service(s) you have requested or authorized (the legal basis for processing is performance of the agreement between us and you);
3. troubleshoot your issue and provide you with more effective customer service (the legal basis for processing is performance of the agreement between us and you);
4. process payments for products or services you have purchased (in this case the legal basis for processing is performance of the agreement between you and us);
5. distribute alerts concerning product upgrades, special offers, updated information, and other new products and services from NEXGEN or our partners (the legal basis for processing is either performance of the agreement between us and you or our legitimate interest, more specifically our economic interest in making you personalized offers);
6. provide or operate certain products that may engage in automated decision-making (the legal basis for such processing is explicit consent; you may withdraw your consent at any time); and
7. for such other purposes as required or permitted by law (the legal basis for processing is our compliance with our legal obligations).

HOW WE SHARE PERSONAL INFORMATION WITH THIRD PARTIES
NEXGEN partners with and occasionally hires other companies to provide services on its behalf. Personal information may be shared with these companies; however, we will only share your personal information to accomplish the purposes for which we collected the personal information. These third parties are contractually required to maintain the confidentiality of your personal information and are contractually prohibited from using that information for any other purpose.

We may also share your information as follows:

1. with your consent;
2. when we believe in good faith that disclosure is necessary to protect our rights or property;
3. to protect your safety or the safety of others;
4. to investigate fraud or respond to a government, judicial or other legal request;
5. with NEXGEN group entities;
6. to comply with the law; and
7. in connection with a corporate change, such as an acquisition or merger

HOW WE PROTECT AND STORE PERSONAL INFORMATION
We endeavor to protect the security of your personal information. We use a variety of security technologies and procedures to try to protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer servers with limited access that are located in controlled facilities.

HOW WE USE TRACKING TECHNOLOGIES
NEXGEN and its partners use cookies or similar technologies to expedite the user login process, remember user experience settings, analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.

We may partner with a third party to display advertising on our website or to manage our advertising on other sites. Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click here or if located in the European Union click here. Please note you will continue to receive generic ads.

LOCATION SERVICES
On NEXGEN mobile applications, users can choose to turn on or off the locations services on the devices. We do not share the locations of the users to any other parties. The location services are strictly used to help optimize the workflow of our mobile applications.

HOW YOU CAN ACCESS OR CHANGE YOUR PERSONAL INFORMATION
Upon request, NEXGEN will provide you with information about whether we hold any of your personal information. Depending on the Site you use, you may access, correct, or request deletion of your personal information by logging in to your account, or you may contact us at [email protected]. We will respond to your request within a reasonable timeframe.

In the event NEXGEN processes information about you on behalf of one of our customers, please direct your privacy inquiries and requests for access, correction or deletion of personal information to the customer. If a customer requests that we remove information, we will respond within a reasonable timeframe.

We may need to retain your information in order to continue providing a service to you. In certain circumstances, we may be required by law to retain your personal information for a period of time.

ADDITIONAL PRIVACY RIGHTS FOR INDIVIDUALS IN THE EUROPEAN UNION
In addition to the rights described elsewhere in this policy, you may have additional data protection rights pursuant to applicable data protection legislation. If you are an individual in the European Union, these may include the right to data portability, the right to withdraw consent for processing, the right to object to or restrict the processing of your personal data, and the right to lodge a complaint with the supervisory authority of the EU country in which you reside.

COOKIES POLICY
NEXGEN uses cookies or similar technologies to expedite the user login process, remember user experience settings, analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.

HOW YOU CAN OPT OUT OF COMMUNICATIONS
You may sign up to receive communications from us, change your current preferences, or unsubscribe from communications or by contacting us at [email protected].

HOW YOU CAN CONTACT US ABOUT PRIVACY
If you have any questions, comments, or concerns about your privacy or this Privacy Policy, please contact us at [email protected] or you may write to us at the following address:

NEXGEN Asset Management
4010 Lennane Drive
Sacramento, CA 95834
USA