Legal

Privacy & Legal

This page provides information on the privacy practices of Apex Fintech Solutions (“AFS”) and the terms of use for accessing and using our website. Below you will find the following:

Consumer Privacy Notice – for customers and consumers of Apex Clearing Corporation

AFS California Privacy Notice – for applicants to Apex roles who are resident in California

AFS Online Privacy Notice – for website visitors and users of AFS technology

Consumer Privacy Notice

If you are an individual who has an account with (or has applied for an account with) Apex Clearing Corporation through one of the introducing brokers, registered investment advisors or other financial institutions we service, this privacy notice describes how we collect, disclose and protect your personal information in connection with that relationship.

Apex US Consumer Privacy Notice

LAST UPDATED: October 31, 2023

This Privacy Notice describes how Apex Clearing Corporation, as part of the Apex Fintech Solutions group of companies, (“Apex,” “we,” “us,” “our”) collects, discloses, and protects your personal information. Apex carries your account as a clearing broker by arrangement with your broker/dealer or registered investment advisor as Apex’s introducing client. Please note that this notice generally applies to former customers of Apex as well as current customers.

Personal Information Collected

In order to service your account as clearing broker, information is provided to Apex by your introducing firm who collects information from you in order to provide the financial services that you have requested. Apex also collects information from other third parties and when it provides services to you. The information may include:

Information received from you, such as your name, address, telephone number, social security number, occupation, and income
Information relating to your transactions, including account balances, positions, and activity
Information which may be received from consumer reporting agencies, such as credit bureau reports
Information relating to your creditworthiness
Information which may be received from other sources with your consent or with the consent of your introducing firm

In addition, Apex may compile aggregate, anonymous, or de‐identified data from various sources, including but not limited to accounts and transactions. This data, which Apex may use for its business purposes consistent with applicable law, does not identify individual customers.

Sharing of Nonpublic Personal Information

Apex does not disclose your nonpublic personal information to any nonaffiliated third parties, except as required or permitted by law and for our everyday business purposes, including but not limited to any obligations of Apex under the USA PATRIOT Act, and to facilitate the clearing of customer transactions in the ordinary course of business. We may disclose all of the types of non-public personal information that we collect about you.

Apex has multiple affiliates and relationships with third party companies. Examples of these companies include financial and non‐financial companies that perform services such as data processing and companies that perform securities executions on your behalf. Our affiliates include companies with an Apex or PEAK6 name and CODA Markets Inc. Apex may share information among its affiliates, as permitted by law and for our everyday business purposes, to better service your financial needs or to improve or expand our services and products.

We do not share your personal information in any manner that you have a right to limit under applicable US laws.

Security

Apex implements and maintains reasonable security practices appropriate to the nature of the personal information we collect. These include administrative, technical, physical, and electronic safeguards designed to protect personal information from unauthorized or illegal access, destruction, use, modification, or disclosure. Among other things, we implement access control mechanisms to control our employees’ access to systems and data, including non-public personal information.

Access to Your Information

You may access your account information through a variety of media offered by your introducing firm and Apex (i.e. statements or online services). Please contact your introducing firm if you require any additional information.

Changes to this Privacy Notice

Apex reserves the right to make changes to this notice.

How to Get in Touch with Apex about this Privacy Notice

For reference, this Privacy Notice is available on our website at www.apexfintechsolutions.com/privacy

For more information relating to this Privacy Notice please contact us through one of the following channels:

By Electronic Means
Please visit the Contact Us section of our website at www.apexfintechsolutions.com/contact-us and follow the instructions to contact Apex Support.

By Mail
Apex Fintech Solutions
Attn: Privacy Department
350 N. St. Paul St., Suite 1300
Dallas, Texas 75201
214-765-1055

Apex Fintech Solutions Inc. California Privacy Policy

LAST UPDATED: May 4, 2023

This Apex Fintech Solutions Inc. California Privacy Policy (the “Privacy Policy”) describes the policies and procedures on the collection, use and disclosure of your information relating to your employment (or candidacy for employment) with Apex Fintech Solutions Inc. (“Apex”), and informs you about your privacy rights under the California Privacy Rights Act (“CPRA”) as a California employee (or candidate for employment) with Apex.

Scope, Interpretation and Definitions

Scope

This Privacy Policy applies solely to natural persons residing in California who are employees of, or candidates for employment with, Apex (collectively, “Employees/Candidates”), and does not apply to businesses, other corporate entities, or individuals, employees or candidates living elsewhere.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Sensitive Personal Information is a subset of Personal Information that requires greater security protections and standards of care in handling. It is generally understood as information that if lost, compromised, or disclosed, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Sensitive Personal Information includes, but is not limited to, the following:
- Social Security number;
- driver’s license number;
- passport number;
- financial account and payment card information;
- geolocation data;
- biometric information;
- Race;
- Ethnicity;
- Religion;
- union membership;
- private personal communications; and
- sex life or sexual orientation;

Service Provider means any party who receives, collects, uses Personal Information on behalf of the Company. It usually refers to vendors or individuals hired by the Company to perform Human Resources-related functions related to your Employment.
Systems refers to the Company’s proprietary systems, including, but not limited to, the Company’s Information Technology (IT) systems, Human Resources Information Systems (HRIS), the Company’s external website(s) and Company’s intranet site(s).
Third Party means any party who receives, collects, or uses Personal Information from the Company, who is not a Service Provider or Contractor, and whose purpose regarding your Personal Information is not to perform an HR-related function related to your Employment (or prospective employment, in the case of candidates).
Website refers to Apex’s website, accessible from apexfintechsolutions.com.

Your Rights Under the CPRA

Right to Know

You have the right to know, free of charge, and for 12 months following the collection of your Personal Information:

The categories of personal information collected;
Specific pieces of personal information collected;
The categories of sources from which we collected personal information;
The purposes for which we use the personal information;
The categories of Third Parties with whom we share the personal information; and
The categories of Personal Information that we sell or disclose to Third

Right to Correct

In certain circumstances, you have the right to request correction of any inaccurate Personal Information as maintained by us. Upon verifying the validity of your Right to Correct request, we will use commercially reasonable efforts to correct your Personal Information as directed, considering the nature of the Personal Information and the purposes of maintaining your Personal Information.

Right to Delete

In certain circumstances, you have the right to request deletion of your Personal Information as collected by us. Upon verifying the validity of your Right to Delete request, we will use commercially reasonable efforts to delete your Personal Information from our records, and instruct any Service Providers, Contractors or Third Parties to delete your Personal Information, if applicable.

Right to Opt-out of Sale or Share

You have the right to opt out of the sale or sharing of your Personal Information to a Third Party. However, as of the date of this Privacy Policy, the Company does not sell or share Personal Information to Third Parties within the meaning of the CPRA.

Right to Limit Use and Disclosure of Sensitive Personal Information

You have the right to limit the use and disclosure of Sensitive Personal Information if it was collected to infer characteristics about you as an Employee/Candidate. However, as of the date of this Privacy Policy, the Company does not collect Sensitive Personal Information to infer characteristics about Employees/Candidates.

Right to Non-Discrimination

You have the right to protection from discrimination or retaliation for exercising your rights under the CPRA.

Exercising Your Rights

In order to exercise any of your rights under the CPRA, you may contact us using either of the following methods:

By email: CPRArequests@apexfintechsolutions.com
By toll-free phone number: 1 (866) 840-4743

Please remember to use your Company email account, specify exactly which right(s) you are exercising (e.g., a Right to Correct request), and be as specific as you can about the information and/or assistance you are seeking.

Collection and Use of Your Personal Information

Categories of Personal Information Collected

The Personal Information we collect during, or in anticipation of, your Employment may include, but is not limited to, the following categories:

Name;
Alias;
Protected characteristics (race, sex, age, );
Biometric information;
Geolocation data;
Postal address;
Unique personal identifier (driver’s license number, passport number, );
IP Address;
Audio, electronic, visual, thermal, olfactory or similar information (digital photos, );
Personal email address;
Account name;
Social Security number;
Driver’s license number;
Passport number;
Signature;
Personal telephone number;
State identification card number;
Bank account number, credit card number, debit card number, or any other financial information;
Medical information;
Health insurance information
Employment history;
Education history;
Other Personal Information that may be contained in correspondence and documents which you may provide to us; and/or
Information we obtain from our Information Technology (IT) and communications

How Your Personal Information is Collected

We collect most Personal Information directly from you. However, we may also collect Personal Information from the following sources:

Publicly accessible sources;
Directly from a Service Provider for background checks or due diligence providers;
Our Website, or through the use of Cookies;
Our Company Systems, including Information Technology (IT) systems, Human Resources Information Systems (HRIS), the Company’s external website(s) and Company’s intranet site(s).
Door entry systems and reception logs; and/or
CCTV and access control

Use of Your Personal Information

The Company may use your Personal Information for the following purposes:

To perform HR-related functions: related to your
To manage your Account: to manage your registration as a user of the Company’s The Personal Information you provide can give you access to different functionalities of the Systems that are available to you as a registered user.
To contact you: To communicate with you by email, telephone calls, SMS, or other equivalent forms of electronic communication related to your Employment.
To manage your requests: To attend and manage your requests to us under this Privacy
For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred (or to be transferred).
To comply with the law: We may collect, use and disclose your Personal Information in order to comply with all applicable federal and state laws and regulations.
For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, and to evaluate and improve our Systems, products, services, marketing and your Employment.

Sharing of your Personal Information

We may share your Personal Information in the following situations:

With Service Providers: We may share your Personal Information with Service Providers to perform HR-related functions related to your Employment.
For business transfers: We may share or transfer your Personal Information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another
With affiliates: We may share your information with our affiliates, in which case we will require those affiliates to comply with this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
With other users: If you share Personal Information or otherwise interact with the Company’s external website(s) and/or Company’s intranet site(s), then such information may be viewed by and shared with all users of said
With your consent: We may disclose your Personal Information for any other purpose with your

Disclosure of Your Personal Information

We may disclose your Personal Information under the following circumstances:

Business Transactions: If the Company is involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different privacy policy.
Law enforcement: Under certain circumstances, the Company may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements: The Company may disclose your Personal Information in the good faith belief that such action is necessary to:
- Comply with a legal obligation;
- Protect and defend the rights or property of the Company;
- Prevent or investigate possible wrongdoing in connection with your Employment;
- Protect the personal safety of employees, users of Company Systems, or the public; and/or
- Protect against legal

Retention of Your Personal Information

The Company will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Transfer of Your Personal Information

Your information, including Personal Information, is used at the Company’s operating offices and in any other places where the parties involved in your employment are located. It means that this information may be transferred to — and maintained on — computers located outside of California where the data protection laws may differ from those in California.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to a Service Provider, Contractor or Third Party unless there are adequate controls in place including the security of your data and other Personal Information.

Security of Your Personal Information

The security of your Personal Information is important to us, but please remember that no method of transmission over our Systems, the Internet, or any method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Privacy for Minors

We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.

If we need to rely on consent as a legal basis for using your information and your California requires consent from a parent, we may require your parent’s consent before we collect and use that information.

Links to Other Websites

Our Systems may contain links to other websites that are not operated by us. If you click on a third- party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on the Company’s intranet and updating the “Last updated” date in the footer of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on the Company’s Systems.

AFS Online Privacy Notice

This Online Privacy Notice describes the types of information we may collect from you or that you may provide to us when visiting or otherwise interacting with our websites and how we use, protect and disclose that information.

Online Privacy Notice

LAST UPDATED: March 26, 2021

Introduction

Apex Fintech Solutions LLC (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website apexfintechsolutions.com (the “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

On the Website.
In email, text, and other electronic messages between you and the Website or the Company.

It does not apply to information collected by:

Us offline or through any other means, including on any other website operated by Company or any third party; or
Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Website. By accessing or using the Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information to the Website or through any of their features. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

By which you may be personally identified by, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information“);
That is about you but individually does not identify you; and/or
About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

Information You Provide to Us.

The information we collect on or through our Website may include:

Information that you provide by filling in forms on our Website. This includes information provided at the time of signing up to our Website or subscribing to any available promotional content. We may also ask you for information if you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us or participate in events.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website, including traffic data, location data, logs, and other communication data and any resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information. It helps us to improve our Website.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including any advertisements, on the Website is served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

See our Cookie Policy HERE.

How We Use Your Information

We do not sell any of your personal information. We use information that we collect about you or that you provide to us, including any personal information:

To present our Website and their content to you.
To provide you with information.
To fulfill any purpose for which you provide it.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
To notify you about changes to our Website or any products or services we offer or provide though it.
In any other way we may describe when you provide the information.
For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Apex Fintech Solutions LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Apex Fintech Solutions LLC about our Website users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Apex Fintech Solutions LLC, our customers, or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt out by checking the relevant box located on the form on which we collect your data. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions or use the unsubscribe function at the bottom of the email.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:
888 7th Avenue, 32nd Floor
New York, NY 10106

AFS Terms of Use

These are the terms of use that govern your use or interaction with our websites.

Terms of Use

LAST UPDATED: March 27, 2021

This website, https://apexfintechsolutions.com (this “Site”), and all contents and materials herein (the “Site Contents”), are copyrighted under the laws of the United States of America and are protected by copyright laws and treaty provisions throughout the world. You may not copy, distribute, transmit, modify, frame, post or link this Site or the Site Contents without prior written consent of Apex Fintech Solutions Inc. (“Apex”), as described below. You may download the Site Contents for personal and non-commercial use, provided that you do not modify or alter such Site Contents in any way, nor delete or change any copyright or trademark notice indicated on this Site. Apex reserves and maintains complete title and full intellectual property rights for Site Contents downloaded from this Site, and no such title or intellectual property rights shall vest or be transferred in any way to you. All trademarks, logos, service marks, trade dress, slogans, copyrighted designs or other brand features of Apex or its affiliated entities are owned by Apex and may only be used pursuant to an explicit license agreement with Apex. No Site Content or any part thereof may be modified, reverse-engineered, reproduced or distributed in any form by any means, or stored in a database or retrieval system, without the prior written consent of Apex. You may not use the Site Content for any unlawful or unauthorized purposes.