LAST UPDATED: January 15, 2024

This Online Privacy Notice (this “Notice”) describes how Apex Fintech Solutions Inc. and its Apex branded affiliates (together “Apex,” “we,” “us,” “our”) collects, discloses, and protects the personal information of individuals (“you”) when : a) you visit our website (including using our web applications); b) you engage with us on a commercial basis, including inquiring about or using our products or services; or c) we collect about you when we believe you may be interested in our products or services.

This Notice does NOT apply to the collection and processing by Apex of personal information about you:

– on a business-to-consumer basis in connection with a brokerage account you have applied for or opened, with our clearing-broker firm, Apex Clearing Corporation. That personal information is covered by our Consumer Privacy Notices; or
– as it relates to your application or interest in any of our open roles. That personal information is covered by our Applicant Privacy Notices.

Our Consumer and Applicant Privacy Notices can be found at www.apexfintechsolutions.com/privacy.

Notice at Collection – Personal Information We Collect

We may collect the following categories of personal information about you:
- Personal identifiers: Name, email address, telephone numbers and IP address.
  - If you are an authorized signer for, or beneficial owners of, your company: we also may collect social security numbers, individual taxpayer identification numbers, foreign tax identification numbers, date of birth, driver’s license number and associated information, passport number and associated information, foreign national identification numbers and information, and political affiliation (in the context of Politically Exposed Persons checks).
  We collect this information directly from you or your employer.
- Internet or other electronic activity information: Device and browser type, browsing and search history on our website, and information regarding your interaction with our website and our advertisements. We collect this information via service providers and third parties on our websites.
- Professional information: Job title, information about your employer, professional email address. We collect this information directly from you as well as through publicly available sources, such as LinkedIn and third-party providers.
We also collect the following categories of sensitive personal information from authorized signers and beneficial owners which reveal:
- Social security number, individual taxpayer identification numbers, driver’s license number, passport number, and political affiliation (through Politically Exposed Persons checks).
We have collected the same categories of personal information in the 12 months prior to the date of this Notice.
Notice at Collection: Purposes for Collection of Personal Information

We collect your personal information to contact you from time to time; to provide you with information about our business; to deliver advertisements and engage in marketing; and to audit and analyze the effectiveness of our marketing efforts.

We also use personal information to monitor or improve our website and applications; for internal business analysis; to prevent fraud, activities that violate our terms of service or other contracts, or that are illegal; and to protect our rights and the rights and safety of our users or others.

For those who interact with us in a commercial capacity, we use your personal information to engage in business transactions with the organization you represent, to verify your identity and relationship to your entity under regulatory requirements and market to or engage in diligence with the organizations you represent, including, but not limited to when you act as a beneficial owner or authorized signer.

We may also use your personal information to facilitate account login access and to monitor and ensure the security of your login account.
Notice at Collection: Sales/Sharing of Personal Information for Cross-Context Behavioral Advertising

While we do not currently sell personal information as traditionally defined, we may sell and/or share the following categories of personal information as these terms are defined under the CCPA to our cookie and tracker providers:
- Internet or other electronic activity information, such as interactions with our websites
Notice at Collection: Retention Periods

We will retain your personal information for as long as required for our legitimate business purposes. The criteria we use to determine such retention periods include: (i) how long the personal information is needed to provide our services or pursue our legitimate business interests; (ii) the type of personal information collected; and (iii) whether we are subject to a legal, contractual or similar obligation to retain the personal information (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes). We may also be required to maintain your personal information in accordance with US securities laws.
Sources From Which We Collect Personal Information

We collect personal information directly from individuals, website users, and representatives of entities with which we do business or may do business. We also collect or purchase personal information from publicly available sources and third parties.
Use or Disclosure of Sensitive Personal Information

We do not use or disclose sensitive personal information to create profiles about or infer characteristics about individuals, or for any purposes other than providing our services or protecting our business from fraudulent or criminal activities.

Disclosure of Personal Information For Business Purposes in the Past 12 Months

The following chart describes the categories of personal information we disclosed to third parties for a business purpose in the 12 months prior to the date of this Notice.

Categories of Personal Information	Categories of Third Parties to Which We Disclosed Personal Information for Business Purposes
Personal identifiers: name, email address, telephone numbers, IP address, social security numbers, individual taxpayer identification numbers, foreign tax identification numbers, date of birth, driver’s license number and associated information,passport number and associated information, foreign national identification numbers and information, and politically exposed person information	Service providers that manage lead information and information about our partners, clients and vendors, facilitate email communications, provide security services and cloud-based data storage, host our website and assist with other IT-related functions, advertise and market our products, provide request ticketing and tracking and provide analytics information
Internet or other electronic activity information: your device and browser type, your browsing and search history on our website, and information regarding your interaction with our website and our advertisements	Service providers that facilitate email communications, provide security services and cloud-based data storage, host our website and assist with other IT-related functions, advertise and market our products, and provide analytics information
Professional information: job title, information about your employer professional email address	Service providers that manage lead information and information about our partners, clients and vendors, including service providers which we leverage for due diligence purposes when collecting personal information from Authorized Signers and Beneficial Owners.

Business Purposes for Such Disclosures

We disclosed the aforementioned categories of personal information to the categories of third parties identified above for the following purposes: to manage leads and supplier and vendor accounts and relationships; engage in advertising and marketing; operate our IT systems and secure our systems; conduct our due diligence; manage and run our business and provide our services.

Additional Information About How We May Disclose Personal Information and Purposes for Disclosures

We may also disclose your personal information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property or safety of others, including to law enforcement agencies, and judicial and regulatory authorities. We may also disclose your personal information to third parties to help detect and protect against fraud or data security vulnerabilities. And we may disclose or transfer your personal information to a third party in the event of an actual or potential sale, merger, reorganization of our entity or other restructuring.

Our Use of Cookies and Analytics

We may use cookies, pixel tags, web beacons and other similar tracking technologies (“tracking technologies”) to automatically collect information through our website. Tracking technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that record certain pieces of information when you visit our website. We may use these tracking technologies to help identify irregular behavior, prevent fraudulent activity and improve security, as well as making it possible for you to save your preferences and help us understand how you interact with our website. We leverage the following categories of cookies on our website:
- Necessary: Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.
- Functional: Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.
- Analytics: Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.
- Performance: Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
- Advertisement: Advertisement cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns.
We use Google Analytics to evaluate the use of our website. Google Analytics uses cookies and other identifiers to collect information, such as how often users visit a Site, what pages they visit when they do so, and what other websites they visited prior to visiting our Site. For information about Google’s privacy practices, please refer to the Google Privacy Notice: https://policies.google.com/privacy?hl=en-US#infocollect.

You have the right to opt out of the sale and sharing of your personal information. You may exercise this right by clicking “Your Privacy Choices” in the footer of our website and adjusting your preferences.

Managing Your Cookie Preferences

You can choose how web browser cookies are handled by your device via your browser settings. Some devices allow you to control this through your device settings. If you choose not to receive cookies at any time, websites may not function properly, and certain services will not be provided. Each browser and device are different, so check the settings menu of the browser or device to learn how to change your settings and cookie preferences. You can find information on how to manage cookie settings on certain browsers via the following links:
- Chrome: here
- Firefox: here
- Microsoft Edge: here
- Safari: here
You may also adjust your preferences by clicking on the “Your Privacy Choices” link found in the footer of our website. This will display the consent notice again enabling you to change your preferences or withdraw your consent entirely. Please note that your request to opt-out will be linked to your browser identifier only.
Residents of California – Additional Information and Rights

If you are a California resident, the California Consumer Privacy Act (“CCPA”) provides you with the following rights with respect to personal information we may collect about you that is covered by this Notice.

Your Right to Know About Personal Information We Collect

You can ask us for the following information from us with respect to the personal information we have collected about you since January 1, 2022:
- Specific pieces of personal information we have collected about you;
- Categories of personal information we have collected about you;
- Categories of sources from which such personal information was collected;
- Categories of personal information that the business sold or disclosed for a business purpose about the consumer;
- Categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
- The business or commercial purpose for collecting or selling your personal information.
Your Right to Request Deletion of Personal Information We Have Collected From You

Upon your request and subject to exceptions in the law, we will delete the personal information we have collected from you.

Your Right to Request to Correct Personal Information We Hold About You

You have the right to request that we correct personal information we hold that you believe is not accurate. We will take steps to determine the accuracy of the personal information that is the subject of your request to correct, and in doing so will consider the totality of the circumstances relating to the personal information you have identified as being incorrect. We may ask that you provide documentation regarding your request to correct to assist us in evaluating the request.

Your Right to Opt Out of the Sale/Sharing of Your Personal Information

You have the right to opt out of the sale and sharing of your personal information. You may exercise this right by clicking “Your Privacy Choices” in the footer of our website and adjusting your preferences. Please note that your request to opt-out will be linked to your browser identifier only. If you use a different computer or browser to access our website, you will need to adjust your preferences on those sites. Additionally, you may also exercise this right by broadcasting an opt-out preference signal, such as by enabling Global Privacy Control (GPC) where supported by your browsers. To download and use a browser supporting GPC signals, visit https://global privacycontrol.org/orgs. You will need to implement this for each supported browser or browser extension you use.

Our Commitment to Honoring Your Rights

If you exercise any of the rights explained in this Privacy Notice, we will continue to treat you fairly. If you exercise your rights under this Privacy Notice, you will not be denied or charged different prices or rates for our services, or provided a different level or quality of services than others.

Exercising Your Rights and How We Will Respond

To exercise your rights to know, delete or correct your personal information, or to ask a question, please see our contact information at Contact Us below. For such requests, we will first acknowledge receipt of your request within 10 business days of receipt of your request. We will then provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although we may be allowed to take longer to process your request in certain jurisdictions or under certain circumstances. If we expect your request is going to take us longer than normal to fulfill, we will let you know.

We usually act on requests and provide information free of charge, but we may charge a reasonable fee to cover our administrative costs of providing the information in certain situations. In some cases, the law may allow us to refuse to act on certain requests. When this is the case, we will endeavor to provide you with an explanation as to why.

Verification of Identity

We will ask you for two pieces of personal information and attempt to match those to information that we maintain about you.

If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request. We will notify you to explain the basis of the denial.

Authorized Agents

You may designate an agent to submit requests on your behalf. The agent can be a natural person or a business entity.

If you would like to designate an agent to act on your behalf, you and the agent will need to comply with our verification process. The agent will need to provide us with your signed permission indicating the agent has been authorized to submit the request on your behalf. We will also require that you verify your identity directly with us or confirm with us that you provided the agent with permission to submit the request.

Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney. Any such requests will be processed in accordance with California law pertaining to powers of attorney.
Persons Located Outside of the US – Additional Information and Rights

The following section applies to individuals located outside of the United States.

Lawful Basis of Processing

We process the personal information outlined in Notice at Collection – Personal Information We Collect above under the following lawful bases of processing:
- Processing is necessary for compliance with a legal obligation to which Apex is subject;
- Processing is necessary for the performance of a contract or to take steps to enter into a contract between you and Apex;
- Processing is necessary where you have provided your consent to the processing; and
- Processing is necessary for the purposes of our legitimate interests as described below:
  - To maintain and manage our relationships with customers and clients to a high standard;
  - To help us maintain the safety, security, and integrity of our property, technology assets, and business;
  - To enable any due diligence and other appraisals or evaluations for any actual or proposed merger, acquisition, financing transaction or joint venture;
  - To ensure that all investigations and communications with regulatory authorities are managed efficiently and effectively;
  - To manage our business and to ensure that all investigations comply with legal obligations in other jurisdictions (including the United States) and communications with regulatory authorities are managed efficiently and effectively; and
  - To comply with applicable US legal and regulatory requirements.
Where we rely on consent to process your personal information, you may revoke this consent. Where processing is necessary for the performance of a contract with us and where you choose not to provide certain personal information, which is required, we may be unable to provide you with the products and services under our contract with you.

Data Transfers

We may transfer your personal information outside of the United Kingdom or the European Economic Area. We rely on the international data transfer agreement and/or addendum to the European Commission’s standard contractual clauses and other similar transfer mechanisms of other jurisdictions to transfer your personal information outside of the United Kingdom or European Economic Area.

Privacy Rights

If you are located outside of the US and depending on where, you may have certain data privacy rights, which may be subject to limitations and/or restrictions:
- a) Right to confirm that we process your personal information and a right to it. You have a right to access your personal information we hold about you and receive details about the processing activities we carry out in relation to your personal information.
- b) Right to rectify/update your personal information. You have a right to request an update or correction to any of your personal information that is inaccurate or incorrect.
- c) Right to delete or anonymize your personal information. You have a right to ask us to delete or anonymize any personal information that we are holding about you in certain specific circumstances.
- d) Right to restrict use of your personal information. You have a right to ask us to restrict the way that we process your personal information in certain specific circumstances.
- e) Right to obtain information about with whom we shared your personal information. You have a right to access information about the private organizations and public institutions to whom we disclosed your personal information.
- f) Right to data portability. You have a right to ask us to provide your personal information to a third-party in a machine-readable format in certain circumstances.
- g) Right to object. You have a right to object to our processing of your personal information in certain circumstances.
- h) Right to be aware that you may not give consent to us and be informed on the consequences of not giving such consent. You are free to give consent to us to process your personal information or not when we rely on consent for processing your personal information. Also, if you do not give a specific consent to us, we may not be able to provide you with specific services or products.
- i) Right to withdraw consent. You have the right to withdraw your consent where this is the legal basis we are relying on for the processing of your personal information. Please note that withdrawing your consent does not affect the lawfulness of our processing of your personal information based on such consent before the withdrawal.
For more details on your rights, including how to exercise them, please contact us using the details in the Contact Us section below.

If you are located in the EEA/UK or in Brazil, you also have the right to lodge a complaint with a competent supervisory authority.
Personal Information of Minors

Our website is not directed to minors under the age of 18 and we do not knowingly sell or share the personal information of minors for purposes of behavioral advertising.
Do Not Track Signals

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we currently do not respond to or honor DNT signals.
Third Party Websites

Our website may contain links to third party websites, including social media buttons that link to social media platforms. This Notice does not govern how those third parties or social media platforms collect or use personal information and we do not endorse or have control over their practices. The privacy policies and terms of use for those third parties’ websites/apps or social media platforms govern those companies’ privacy practices. We are not responsible for the content or privacy practices of any third-party websites or platforms.
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. However, please remember that no method of data transmission or storage is 100% secure. While we strive to use commercially acceptable means to protect personal information, we cannot guarantee the absolute security of such information.
Changes to This Notice

We will review and update this Notice from time to time. If changes are made, we will update the Notice and reflect the date of such modification in the date above. If the changes are material, we will post a notice on our website.
Contact Us

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

For more information relating to this Notice, to limit our sharing of your personal information or to exercise any other privacy rights you may have, please contact: AFSprivacy[at]apexfintechsolutions.com.

Non-UK/EU Mailing Address

Privacy Office
Apex Fintech Solutions Inc.
350 N. St. Paul St., Suite 1300
Dallas, Texas 75201

UK/EU Representative

Privacy Office
Apex Fintech Solutions UK Ltd
Eagle Star House Urban Hq,
5-7 Upper Queen Street
Belfast, BT1 6F
Data Protection Officer

Brazilian Data Protection Officer

AFSprivacy[at]apexfintechsolutions.com
141 W Jackson Blvd, Ste 500
Chicago IL, 60604
United States