Davinci Capital Management, Inc. Privacy Notice
Effective January 1, 2021
This Privacy Notice is being provided to you under a newly-adopted Federal privacy law and regulations designed to protect you from unauthorized use of your Private Information by Non-Affiliated Third Parties. If you have provided the Private Information to us as a consumer we are required to notify you only if we intend to disclose your information to a Non-Affiliated Third Party. If you are a customer we are required to notify you (a) at or before the time you sign with us and (b) at least annually as to our use of this Information and to give you an opportunity to tell us whether you agree to our use of this Private Information other than for a Permitted Use as described below. This Notice covers our providing this information about former customers as well.
Website Non-personal information
Our site creates a temporary data file commonly known as a cookie, which allows you to view some of our disclosure information. It may also track the areas of our website that you visit. However, when you close your browser this cookie is automatically deleted from your system. We may collect information regarding the internet provider from which you are connecting to our site, such as Comcast or MSN. We may also track the website from which you linked to our site. This information is used statistically and not to identify individuals.
Protection and Use of Private Information
Davinci Capital Management, Inc. prohibits unauthorized access by physical or electronic means to any of your Private Information. The only individuals who have authorization to access this Information on a regular basis are (a) your designated account representative and (b) officials of Davinci Capital Management, Inc. whose regular duties include processing and review of your account and reporting our progress to you and/or your legal representative.
Under no circumstances does Davinci Capital Management, Inc. ever provide any of your Private Information to telemarketing or other organizations for the purpose of marketing products and services not provided by us.
Permitted Use by Davinci Capital Management, Inc. and Other Parties.
The new law and regulations permit us to use your Private Information for a Permitted Use. A Permitted Use would include Davinci Capital Management, Inc.’s use of this information in our business under the controlled access circumstances described above. A Permitted Use also includes where, in the course of our business, we have the need to provide your Private Information to another company engaged in some aspect of our service to you. This company may be engaged in a related business such as mutual funds, annuities or other insurance product, consumer banking, securities brokerage, investment advisory or estate or financial planning. It may be engaged in some service such as a transfer agent, clearing or custodial firm. When we do provide your Private Information, it is always under circumstances that require the other company, whether affiliated or not, to observe the same controls on access that we provide. In addition, a Permitted Use includes disclosures to your legal representative, trustee or other fiduciary, or where we need to protect the confidentiality or security of Davinci Capital Management, Inc.’s records, or to prevent potential or actual fraud, unauthorized transactions, claims or other liability, for institutional risk control or resolving customer disputes or inquiries. Use is also permitted in connection with a proposed sale, merger or transfer of a business unit. Again, this information is provided under controlled circumstances which prevent its unauthorized use. Also, subject to the Right to Financial Privacy Act, disclosure is permitted on request by a law enforcement agency, regulator, self-regulatory agency or in a public safety investigation. Disclosure is also permitted on request to a consumer reporting agency in accordance with the Fair Credit Reporting Act, or to comply with federal, state or local laws, rules or regulations, including requirements of self-regulatory organizations or a subpoena or judicial process. In these circumstances, while we must comply with the legal requirements, Davinci Capital Management, Inc. makes every effort to protect the Permitted Use of your Private Information in such a way as to safeguard it from unauthorized use. The law allows you to “opt out” of only certain kinds of information sharing with third parties. Davinci Capital Management does not share personal information about you with any third parties that triggers this opt-out right.
Opt Out Provision
If, at any time in the future, it is necessary to disclose any client personal information in a way that is inconsistent with this policy, Davinci Capital Management will give its clients advance notice of the proposed disclosure so that they will have the opportunity to either opt-in or opt-out of such disclosure, as required by applicable law.
Clients are advised that Davinci Capital Management believes that sharing client private information under the circumstances noted above is mandated by either law or necessary for the Firm to conduct its business and to best service client accounts. Clients desiring to opt out of any third party disclosures should contact the Firm immediately. Opting out may necessitate that we terminate our management agreement with you and arrange for you to transfer your account.
Davinci Capital Management, Inc.’s Business Continuity Planning
Davinci Capital Management, Inc. has developed a Business Continuity Plan on how we will respond to events that significantly disrupt our business. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan.
Contacting Us – If after a significant business disruption you cannot contact us as you usually do at (617) 354-3222, you should call our alternative number (617) 354-0866.
If you cannot access us through either of those means, you should contact the Investment Company where your account is held. For all brokerage accounts, please contact our clearing firm, National Financial Services, Inc. at (617) 563-5977 for instructions on how it may assist you in accessing your accounts.
Our Business Continuity Plan – We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the firm’s books and records, and allowing our customers to transact business. In short, our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.
Our business continuity plan addresses: data backup and recovery; all mission critical systems; financial and operational assessments; alternative communications with customers, employees, and regulators; alternate physical location of employees; critical supplier, contractor, bank and counter-party impact; regulatory reporting; and assuring our customers prompt access to their funds and securities if we are unable to continue our business.
Our clearing firm, National Financial Services, Inc., backs up our important records in a geographically separate area. While every emergency situation poses unique problems based on external factors, such as time of day and the severity of the disruption, we have been advised by our clearing firm that its objective is to restore its own operations and be able to complete existing transactions and accept new transactions and payments within specified times as mandated by the Securities Exchange Commission, NYSE, and FINRA. Your orders and requests for funds and securities could be delayed during this period.
Varying Disruptions – Significant business disruptions can vary in their scope, such as only our firm, a single building housing our firm, the business district where our firm is located, the city where we are located, or the whole region. Within each of these areas, the severity of the disruption can also vary from minimal to severe. In a disruption to only our firm or a building housing our firm, we will transfer our operations to a local site when needed and expect to recover and resume business within times specified by the Securities Exchange Commission, NYSE, and FINRA. In a disruption affecting our business district, city, or region, we will transfer our operations to a site outside of the affected area, and recover and resume businesses in a timely fashion with emphasis on recovery of critical functions according to their time criticality. In either situation, we plan to continue in business, transfer operations to our clearing firm if necessary. If the significant business disruption is so severe that it prevents us from remaining in business, we will assure our customer’s prompt access to their funds and securities.
For more information – If you have questions about our business continuity planning, you can contact us at (617) 354-3222 or via email firstname.lastname@example.org.
Securities Offered through Davinci Capital Management, Inc. 801 Cambridge Street, Cambridge MA 02141
Phone (617) 354-3222, Fax (617) 354-1137, email@example.com,
Member FINRA, SIPC, MSRB
A Registered Investment Adviser