Wilshire Phoenix Capital Management, LLC, a Delaware limited liability company (“WPCM”, “we”, “our” and/or “us”), values the protection of individual privacy and is committed to the privacy of those who visit and use our website (“site”). This document sets forth the privacy policy (“policy”) for our site. It governs the manner in which we collect, use, maintain, disclose and secure information collected from visitors to the site. By using our site in any way, you agree to be bound by this policy. You should read this policy, and if you do not agree to it, do not visit the site. This policy is further subject to the Terms of Use relating to the site and any services we may offer through the site. Except for the limited situations mentioned below, we do not share your information collected online, and we never sell your information.

1. Information we collect

We collect information from you in a number of ways each time you visit the site. Some of the information collected is personally identifiable – meaning it can be used to identify who you are, and some of it is not. We use the information we collect about you to validate site visitors and to facilitate your access to content on the site.

A.  Information that you provide to us

You may volunteer to provide us with information that personally identifies you, for example, when you subscribe to our newsletter or comment on a blog post and identify yourself. In this case, we collect your name and email address. Also, if you call us to ask questions about our company and what we do, we may collect your telephone number and such other personally identifiable information about you that we request and you provide. If you are just browsing the site, we do not collect any information that personally identifies you, although we do automatically collect certain information about you as described in the next section.

B.  Non-Personally identifiable information

We also automatically collect non-personally identifiable information about you during your site visits. Non-personally identifiable information is anonymous information about you or your interactions with the site, such as pages most frequently accessed by you, time spent on a page or area of the site, the number of visits to the site by you, or your cookie preferences. Additional examples of non-personally-identifiable and anonymous information that we automatically collect includes your Internet access provider, your computer’s Internet protocol (“IP”) address, your browser and operating system, the date and time of your visit, and data based on your use of the site. We collect this information in order to help us enhance and optimize visitors’ overall site experience, including providing you with better and more targeted content that you may find useful.

C.  Cookies

Like most standard website servers, WPCM may use cookies and other tools to collect information about how you use the site. A cookie is a small, unique text file that a website can send to your computer hard drive when you visit a website. Cookies allow us to provide visitors to our site with certain conveniences, such as delivering unique content or providing easy repeat access.  We also use cookies to track the path of users through our site, and to keep track of where they came from (for example, if they arrive via a search engine). You can choose to set your web browser to turn off cookies, but if you do, you may lose certain features when navigating on the site. We do not link the information we store in cookies to any personally identifiable information you submit to us through the site.

Also, if a site visitor has enabled cookies in their browser, we also will send a cookie file that will only store a unique, random session ID that is maintained throughout the session to track the pages visited, allowing us to provide visitors to our site with certain conveniences, such as delivering unique content.  We also use cookies to track the path of users through our site, and to keep track of where they came from (for example, if a visitor arrives via a search engine).

2. Who we share your information with

We do not share any of your personally identifiable information with any third parties outside of WPCM except in the very limited circumstances as noted in this section. We may anonymize any demographic data that we obtain from you, whether it is volunteered by you or collected automatically by us when you visit the site. Such demographic information may be shared with partners, market researchers and other third parties on an aggregate, non-personally identifiable basis. We may also share this information with our third party service providers, who may use this de-identified information to provide better services and content for your and our benefit. No personally identifiable information will be linked to such aggregated demographic information that is shared with third parties. In addition, we may also share your information as follows:

A.  Disclosure to agents of WPCM

 We may need to share your information with third parties in limited circumstances. For instance, and from time to time, we may share the information you provide to us with outside contractors, auditors, consultants, or others hired by us to assist in providing financial, operational or research activities on our behalf. We require these parties to use such information only for the specifically intended and authorized purpose, on behalf of WPCM, and consistent with this policy.

B. Disclosures required by law 

From time to time, we may be required to provide personally identifiable information (to the extent you have provided us with such information) or non-personally identifiable information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. WPCM also reserves the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may release such information when we believe that its release is reasonably necessary to protect the rights, property, and safety of others and ourselves.

C.  Business transitions

In the event WPCM is involved with or goes through a business transition, such as a merger, being acquired by another company, bankruptcy, or selling a portion of our assets, your personally identifiable information may be part of the assets transferred, but only those instances that you provided us with the information as described in Section 1.A.

3. How long we keep your information

We retain all personally identifiable information only for as long as is necessary depending on the reason it was submitted (which could extend beyond the reason for which you accessed the site). If you send us an e-mail, we will retain it along with any response we make in order to handle any follow-up questions you may have, and to measure how effectively we address your concerns. We collect no more personally identifiable information than is reasonably necessary to provide you with the web services or response for which the information is collected.

4. Your choices for information sharing, consent and opt-out

Please note that your decision to use the Site and your choice to provide us with any personally identifiable information is voluntary. We indicate the types of personal information we request in our online, mobile and in other places where we request such information.  You may elect not to submit certain personal information requested by us, but that election may limit or prevent our ability to provide you with the requested services, such as sending you our newsletter.

A. Your email address

From time to time, we may use your personal information to contact you by email concerning our services. We may also send you promotional materials regarding offerings from non-affiliated third parties whose services and products we think may be of interest to you.  These email communications are intended to inform you of information about general services provided by WPCM. If you do not want to receive email from us regarding our services, please click the “unsubscribe” link which is included at the bottom of any email you receive from us. However, in order to fulfill our service obligations to you, we will continue to send you emails with any necessary information, such as renewal notices and instructions for our newsletter. By providing us with your email address you consent to receiving communications from us electronically and all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

B. Your telephone number

By providing your telephone number to us (for instance, during any call you make to us or if required to use any service of the Site), you agree that this action constitutes an inquiry and/or application for purposes of telemarketing laws. Regardless of the fact that your telephone and/or mobile number may be listed with the Federal Do-Not-Call Registry or your State Do-Not-Call list, you are providing your express written consent to receive future information (including telemarketing) about products and services from us, and you hereby agree and consent to our contacting you using the information you have provided and will provide to us. This means we may contact you by e-mail, phone and/or mobile number (including use of automated dialing equipment and/or pre-recorded calls), text (SMS) message, social networks or any other means of communication that your wireless or other telecommunications device may be capable of receiving (e.g., video, etc.).

C. Opt-out

You may opt out of our newsletter or any marketing communications we send to you by contacting us at the number or email address provided in Section 12 below, or opting out from the “opt-out” link in any newsletter or marketing email we send to you. You may also opt out from receiving text alerts from us that you previously opted in to receive. You can unsubscribe from delivery of our text alerts by following the instructions in any such text messages. We will try to comply with your opt out request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt out.

5. Third-Party services and websites

While we do not currently display any third party advertising on the site, the site may contain links or references to other parties’ websites. This policy does not address, and WPCM has no control over or responsibility for, the privacy policies or information gathering practices of any third party operating any website or providing any product or service, including those to which we may link and those which may link to us. The inclusion of a link on our site does not imply endorsement of the linked website or service by us. We strongly recommend that you review the privacy policies of every online service you use before submitting any personal information and direct any concerns to the site administrator of that website.

6. Cross-border transfer

Our site and any services we offer through it are U.S. based and are controlled, operated and administered by WPCM and its third-party service providers from offices and servers within the United States. Our site is strictly intended for audiences located in the U.S., and is made available to you on an unsolicited basis, without any marketing or promotion by WPCM regarding this site or any services we may offer to persons or entities outside of the U.S. This Privacy Policy is provided in accordance with and subject to applicable U.S. law. If you decide to continue to access our site from your location outside the U.S., you hereby agree that your use of the site or any services we may offer are subject to this policy and your personal information will be transferred or processed in the United States.

7. Security of your information

We maintain reasonable physical, electronic and procedural safeguards to protect the confidentiality and security of any personally identifiable information that you disclose to us. We limit access to your personally identifiable information within WPCM to those employees who need to know such personally identifiable information to provide information or services to you. However, due to the nature of the Internet and computer systems, no transmission of data over the Internet is guaranteed to be completely secure, regardless of our best intentions. As such, WPCM cannot ensure or warrant the security of any personally identifiable information you transmit to us.

8. Use of Services by Minors

The site is a general audience website and is not intended for use by children under the age of 13.  We do not knowingly collect any personally identifiable data on children under 13 through use of the site. If we learn that we have collected or received personal information from a child under 13, we will delete that information.

9. Privacy policy updates

Our policy is intended to provide you with a safe and secure experience. We reserve the right to change, modify, add or remove portions of our policy at any time without prior notice and at our sole discretion. If we decide to change our policy, we will post those changes on the site and other places we deem appropriate. We will use information in accordance with the version of the policy under which the information was collected. All policy changes are effective immediately upon posting. The last date on which this policy has been updated is noted above, at the top of this policy.

10. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND WPCM TERMS OF USE (INCLUDING ANY INDEMNIFICATION AND LIMITATIONS ON DAMAGES CONTAINED THEREIN).

11. Your California Privacy Rights

Except as provided in Section 2, above, we do not share your personal information (as defined by California Civil Code Section 1798.83) collected by us with third parties for their direct marketing purposes without giving you the opportunity to opt in or opt out as more fully described above in section 4.C. If you are a California resident, you may request information about our compliance with California law by emailing us at info@www.wilshirephoenix.com, or by sending a letter to151 West 19th Street, 3rd Floor, New York, NY 10011, Attention: California Privacy Matters.  Any such request must include “California Privacy Rights Request” in the subject line and include your name, street address, city, state and ZIP code.  Please note that we are only required to respond to one request per visitor each year, and we are not required to respond to requests made by means other than through this designated email address or mailing address.

California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how WPCM responds to “Do Not Track” browser settings. We currently do not respond to “Do Not Track” signals because a uniform technological standard has not yet been developed.

12. Contact information

If you have any questions or comments regarding this policy, they should be directed to us using the following contact information:

By way of email to info@www.wilshirephoenix.com;

or if by U.S Mail to 151 West 19th Street, 3rd Floor, New York, NY 10011 to the attention of “WPCM Privacy Policy”

Last Updated: June 18, 2018