Maintaining the trust and confidence of our clients is a high priority. That is why we want you to understand how we protect your privacy when we collect and use information about you, and the steps that we take to safeguard that information. This notice is provided to you on behalf of NY&A, LLC, dba Align Wealth Advisors (“AWA”).
Information We Collect: In connection with providing investment products, financial advice, or other services, we obtain non-public personal information about you, including:
• Information we receive from you on account applications, such as your address, date of birth, Social Security Number, occupation, financial goals, assets and income;
• Information about your transactions with us, our affiliates, or others;
• Information about your visit to and store that information in web server logs, which are records of the activities on our sites. The servers automatically capture and save the information electronically. The information we collect in web server logs helps us administer the site, analyze its usage, protect the website and its content from inappropriate use and improve the user’s experience.
• Information received from credit or service bureaus or other third parties, such as your credit history or employment status.
Categories of Information We Disclose: We may only disclose information that we collect in accordance with this policy. AWA does not sell customer lists and will not sell your name to telemarketers.
Categories of Parties to Whom We Disclose: We will not disclose information regarding you or your account at AWA, except under the following circumstances:
• To entities that perform services for us or function on our behalf, including financial service providers, such as a clearing broker-dealer, investment company, or insurance company, other investment advisers;
• To comply with broker-dealer firms that have regulatory requirements to supervise certain representatives’ activities;
• To consumer reporting agencies,
• To third parties who perform services or marketing, client resource management or other parties to help manage your account on our behalf;
• To your attorney, trustee or anyone else who represents you in a fiduciary capacity;
• To our attorneys, accountants or auditors; and
• To government entities or other third parties in response to subpoenas or other legal process as required by law or to comply with regulatory inquiries.
How We Use Information: Information may be used among companies that perform support services for us, such as data processors, client relationship management technology, technical systems consultants and programmers, or companies that help us market products and services to you for a number of purposes, such as:
• To protect your accounts/non-public information from unauthorized access or identity theft;
• To process your requests such as securities purchases and sales;
• To establish or maintain an account with an unaffiliated third party, such as a clearing broker-dealer providing services to you and/or AWA;
• To service your accounts, such as by issuing checks and account statements;
• To comply with Federal, State, and Self-Regulatory Organization requirements;
• To keep you informed about financial services of interest to you.
Regulation S-AM: Under Regulation S-AM, a registered investment adviser is prohibited from using eligibility
information that it receives from an affiliate to make a marketing solicitation unless: (1) the potential marketing
use of that information has been clearly, conspicuously and concisely disclosed to the consumer; (2) the
consumer has been provided a reasonable opportunity and a simple method to opt out of receiving the
marketing solicitations; and (3) the consumer has not opted out. AWA does not receive information regarding
marketing eligibility from affiliates to make solicitations.
Our Security Policy: We restrict access to nonpublic personal information about you to those individuals who
need to know that information to provide products or services to you and perform their respective duties. We
maintain physical, electronic, and procedural security measures to safeguard confidential client information.
Cyber Security: Internal policies and procedures are in place to address cyber security. A copy of this policy is
available upon request.
Departing Investment Adviser Representatives (“IARs”): AWA recognizes that your relationship with your
IAR is important. If your IAR leaves AWA to join another firm, or elects to sell or transfer some or all of his or
her business, your IAR might retain copies of your personal information so that your account can continue to
be serviced or to contact you regarding your options. Subject to legal and regulatory requirements, your
personal information maintained on AWA systems and those of AWA’s service providers may be shared with
your new financial service provider. If you do not want your IAR to take your information should he or she
leave or transfer his or her business from AWA, you have the right to opt out of such disclosure. You may opt
out now or at any time in the future. If you have a joint account, AWA will treat an opt out by any joint customer
as applying to all joint customers. If you wish to exercise your right to opt out under this section, please contact
us at 949-715-8585 or by mail.
Certain states have adopted a requirement for you to approve the sharing of information in advance, otherwise
known as an “opt-in” choice. If you live in an “opt-in” state (e.g., California, Massachusetts, Maine, Alaska, North
Dakota or Vermont), then AWA will require your consent to share your information with unaffiliated third
parties who are not servicing your account. State requirements vary and may change without notice.
Succession Planning: In the event that the owner(s) of AWA retire, become incapacitated or perish
unexpectedly, your information would be disclosed to an unaffiliated third party for the purposes of facilitating
a business succession plan. A change in control of ownership of AWA would require your consent, as dictated
by your signed agreement with AWA, in order to continue providing services to you.
Your Right to Opt Out: Federal privacy laws give you the right to restrict some sharing of your personal
financial information. These laws balance your right to privacy with AWA’s need to provide information for
normal business purposes. You have the right to opt out of some information sharing with companies that are
(1) Part of the same corporate group as your financial company (or affiliates); or (2) Not part of the same
corporate group as your financial company (or non-affiliates). Choosing to restrict the sharing of our personal
financial information will not apply to (1) Information about you to firms that help promote and market the
company’s own products or products offered under a joint agreement between two financial companies; (2)
Records of your transactions–such as your loan payments, credit card or debit card purchases, and checking
and savings account statements–to firms that provide data processing and mailing services for your company;
(3) Information about you in response to a court order; and (4) Your payment history on loans and credit cards
to credit bureaus. If you opt out, you limit the extent to which AWA can provide your personal financial
information to non-affiliates.
Closed or Inactive Accounts: If you decide to close your account(s) or become an inactive customer, our
Complaint Notification: Please direct complaints to: Nicholas Yrizarry at NY&A, LLC, dba Align Wealth
Advisors, 24031 El Toro Road, Suite 210, Laguna Hills, CA 92653; 949-715-8585.