Legal & Disclosures
Personal Capital Privacy Policy
This Personal Capital Privacy Policy (the “Privacy Policy”) describes the specific policies and procedures we use to collect, utilize, disclose, share and protect your Personal Information. We refer to Personal Capital Corporation and our operating subsidiaries, Personal Capital Services Corporation and Personal Capital Advisors Corporation, collectively as “Personal Capital”, “we” or “us”. Together with our Terms of Use, this Privacy Policy governs your use of our platform and services.
Personal Capital is committed to the protection of our Visitors, Users, Cash Customers and Advisory Clients (also referred to as “you” or “your”) privacy. We understand that keeping your information secure and confidential is critical to earning and keeping your trust.
How to Use this Privacy Policy
This Privacy Policy describes how we collect and use your Personal Information and how we address other privacy matters & such as deletion of your Personal Information upon request and opting-out of marketing communications. We also describe methods for contacting Personal Capital, if you have privacy questions, comments or feedback.
The information that we collect, and how we use it, depends on your relationship with us and as your relationship evolves with us. This Privacy Policy is organized based on those different types of relationships – Visitors, Users, Cash Customers and Advisory Clients.
- Visitors - Individuals who visit our public website without logging into an account or using our services
- Users - Individuals who establish an account with us or otherwise use our services offerings, including our financial dashboard software
- Cash Customers - Individuals who open a Personal Capital Cash account
- Advisory Clients - Individuals who become clients of our Wealth Management and financial advisory services and establish a Personal Capital managed investment account
You may fall into more than one category concurrently depending on your relationship with us. For example, a Cash Customer may also be a Visitor before they log into their Personal Capital dashboard and will also be a User.
How We Collect & Use Your Information
“Personal Information” means your personally-identifiable information such as your name, email or mailing address, phone number, account credentials (User id and passwords), social security number, government ID numbers and other information that can be used to identify you personally.
We also collect and use other information that we obtain from your activities using our services. This includes information that you do not explicitly provide to us, but which may be implicitly provided to us as part of such activities. More information on this is provided below under the Visitors use case.
The following describes in further detail the information we collect at various stages of our relationship with you.
Visitors
When you visit any of our websites, including our blog, or download our apps, we consider you a Visitor. This section describes our privacy practices related to this use case.
What do we collect? | Why do we collect it? | Can you limit? |
---|---|---|
Personal Capital Cookies |
| Most modern browsers allow you to delete or limit cookies. |
Third-Party Tags and Cookies |
| Most modern browsers allow you to delete or limit cookies, including third-party cookies; however, you may not be able to limit marketing tags entirely unless you do not visit our sites. |
Internet Protocol (IP) Address |
| The only way to avoid this is not visiting our sites. |
Browser Metadata Such as browser type, version, your operating system, system language, etc. |
| Browsers communicate this automatically however some third-party extensions may allow you to limit this. |
Survey Responses Such as retirement goals, opinions on market trends and contact information |
| Yes, answering survey questions is always optional. |
Users
When you register, create a User Account on our Dashboard and begin using our services, we consider you a User. This section describes our privacy practices related to this use case. Keep in mind Users are also considered Visitors, so this section describes information that we collect in addition to what was described for Visitors.
What do we collect? | Why do we collect it? | Can you limit? |
---|---|---|
Email and Password |
| No, that is required to have a functioning account. You can opt out of marketing emails, see the Opt-Out section. |
Phone Number |
| No, we require this for security purposes. You can, however, request to be placed on our Do Not Call list. See the Opt-Out section. |
[Optional] Financial Planning Information Includes information you provide about your financial planning goals, such as your age, income, retirement age, retirement plan information, risk tolerance, family information and other demographic or related information. This also includes any other information you provide within your User Account, such as the address of any property you own and the value of any manually entered accounts. |
| Yes, those are optional services which you are free to use or not use. |
[Optional] Financial Account Information For third-party financial accounts you link - this includes your account credentials, passwords, security questions, transactions, balances, assets held, statements and other account information. |
| Yes, those are optional services which you are free to use or not use. |
[Optional] Postal Code Information |
| Yes, it is optional to input your postal code information. |
Product Use Information |
| No, if you are a User we will collect this information. |
Personal Capital Cash Customers
If you are opening a Personal Capital Cash program account, we consider you a Personal Capital Cash Customer. Personal Capital Cash Customers are also considered Users and Visitors and may also be Advisory Clients, so this section describes the information that we collect in addition to what is described in the section for Users and Visitors, respectively.
What do we collect? | Why do we collect it? | Can you limit? |
---|---|---|
Detailed Account Information
|
| Yes, becoming a Personal Capital Cash Customer is entirely voluntary. If you opt to become a Personal Capital Cash Customer, this information is required. |
Advisory Clients
If you are opening a wealth management advisory account with us and utilizing our fee-based advisory service, we consider you an Advisory Client. Advisory Clients are also considered Users and Visitors and may also be Personal Capital Cash Customers, so this section describes information that we collect in addition to what was described previously, as applicable.
As part of our relationship with you as an Advisory Client, we will utilize the information we have on your financial dashboard in order to provide you with our holistic financial advice. We may also, at your request or as appropriate for your situation and needs, recommend third-party services to you.
What do we collect? | Why do we collect it? | Can you limit? |
---|---|---|
Detailed Account Information
|
| Yes, becoming an Advisory Client is entirely voluntary. If you opt to become an Advisory Client, this information is required. |
What Information Do We Share and Why?
Personal Capital’s core business is wealth management. This means that our objective is to win you over as a Personal Capital Advisory Client. We share some information as described in the table below.
Personal Information
Sharing Category | What do we share and why? |
---|---|
Our Service Providers | Like most businesses, we use third-party service providers to deliver some of the services mentioned in this Privacy Policy. In doing so, we provide some of your data (including your Personal Information) to those third-party service providers, on a need to know basis. Our contracts with those service providers require them to safeguard your information and prohibit them from using your data for any purpose other than to provide services to us or to improve their services. |
Marketing Partners | We also share your name, phone number, mailing address, email address (or email hashes) and an approximate range of your portfolio size with marketing partners working on our behalf solely to better market our services. We do not allow your information to be used for any purpose other than to market our own products and services. We also never share sensitive financial information, such as account numbers, detailed account balances or transaction history, with our marketing partners. |
Personal Capital Cash program account partners | If you are a Personal Capital Cash Customer, you will own a program account provided through our banking partner and other participating program banks. Our banking partner for our Personal Capital Cash Customer program accounts is UMB Bank, National Association (“UMB”), and we will share Detailed Account Information with UMB. Our contract with UMB requires them to treat your information as confidential information. UMB’s Privacy Policy is available here. |
Identity verification and fraud analysis | If you are a Personal Capital Cash Customer or an Advisory Client, we will share some of your Personal Information and Detailed Account Information with third-party identity verification providers and fraud analysis partners for the sole purpose of verifying your identity and preventing fraudulent transactions. These providers are required under contract with us to safeguard your information and not provide it to any third parties except as required to provide the services or as otherwise required by law, regulation or by court order. |
Your brokerage account(s) | If you are an Advisory Client of Personal Capital, you will have a custodial brokerage account to hold your personal portfolio. Our custodial brokerage partner for our Advisory Clients’ accounts is Pershing, and we will share Detailed Advisory Account Information with them. You will have direct visibility, access, and interaction with Pershing while you are a Personal Capital Advisory Client. Pershing’s Privacy Policy is available here. |
Security, Legal & Regulatory Requirements | We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the services we provide and any facilities or equipment used to make those services available, (v) comply with any law or regulatory requirement, including pursuant to a subpoena, court order or other legal process, or (vi) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others. |
Anonymized Information
We may share anonymized information that is summarized or derived from information that you provide to us as explained below. Anonymized information is information that does not include any personally identifiable information.
Sharing Category | What do we share and why? |
---|---|
Personal Capital Research | From time to time, Personal Capital performs analysis on personal finance and related topics, utilizing anonymized and summarized insights from our Users and Advisory Clients. Such research reports or findings may be shared with external publishers or published by us on financial topics of interest such as our “Hidden Beneath The Surface - What Americans are Paying in Advisory Fees” and others. |
Service Providers | As most businesses, we use third-party service providers to deliver the services mentioned in this Privacy Policy. In doing so, we authorize some Service Providers to use anonymized information to provide services to us or to improve their services generally. |
Additional Privacy Information and Your Privacy Rights and Resources
Affiliate Use
We may share Personal Information and other User information among our affiliated companies to provide services that you have requested or to offer new services or products to you. When we talk about affiliated companies, we mean Personal Capital Corporation and its subsidiaries - Personal Capital Advisors Corporation and Personal Capital Services Corporation, as well as affiliated Empower branded companies. For more information about the privacy policy of Empower branded companies, please click here.
Our Use of Google Analytics
We use Google Analytics to help us understand how you interact with our website and mobile app, market our products and services to you, and to improve the User experience. To do this, we share a unique identifier with Google. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, see “How Google uses data when you use our partners’ sites or apps” linked here. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Add-On, here.
Our Use of Tags, Pixels, Cookies and Other Trackers
Tags, pixels and cookies are bits of code that we use to gather information to operate and measure engagement with our site. These generally fall into two categories:
- User Experience – Information that helps us determine which features are most popular with our users, provide content and offers that are relevant to a user’s financial situation or site engagement, market our products and services to you, and identify errors or other technical issues on our site; and
- Marketing Attribution – Information that allows us to track the effectiveness of advertising we run on other sites and to manage our affiliate marketing program, as well as to optimize marketing of our services and products. For example, marketing pixels operate by sending a small amount of information when triggered by specific events, such as when a user registers on our site after clicking through a promotional link on another site. To do this, the pixel uses a unique identifier that does not contain personally identifying information to connect that data (user registration) back to the action (clicking on the link).
How to Request Deletion of the Personal Information We Collect
Personal Capital allows you to delete your account. You can consult our support article for instructions on how to do so. We will retain information on deleted accounts as required for legal, regulatory and security purposes.
Opt-out Information
If you request to be added to our Opt-out lists, we will keep your Personal Information on those Opt-out lists until you request to be removed from such lists. We allow you to Opt-out of the following:
- Promotional or Product Notification emails - see reference
- Advisor phone calls - notify your advisor at the time of the call to place you on the do not call list or reach out to our support team
- Physical Mailings - send your request to our support team to be added to the Opt-out list
- Short Message Service (SMS) Messages - Personal Capital supports industry standards for SMS Opt-out such as replying with “STOP” to opt-out of those messages.
For opt-out requests, please find contact information under “Privacy Questions, Comments or Feedback?” below.
How We Respond to “Do Not Track” Signals
Some modern web browsers have the ability to activate a “Do Not Track” signal. At this time, Personal Capital does not respond to “Do Not Track” signals.
Email Records
Personal Capital keeps business records, including emails you send to us, for five (5) years to meet our regulatory compliance requirements. This includes any email you send to our privacy, security or support teams.
Data Residency
Our services and data are primarily hosted in the United States and are intended for individuals located within the United States.
US State Residents Privacy Notices
To exercise any of your rights described below, please find contact information under “Privacy Questions, Comments or Feedback?” below.
Nevada Residents
We are providing you this notice under Nevada state law. You may be placed on our internal Do Not Call List by contacting us.
In addition to contacting us, Nevada residents can contact the Bureau of Consumer Protection, Office of the Nevada Attorney General, in writing at 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; by calling (702) 486-3132; or by emailing: [email protected]
Vermont Residents
Under Vermont law, we will not share any Personal Information we collect about Vermont residents with third parties, unless the law allows.
California Residents
For a full description of your rights as a California resident under the California Consumer Privacy Act (“CCPA”), as amended, please see our California Privacy Policy in Appendix A.
Virginia Residents
For a full description of your rights as a Virginia resident under the Virginia Consumer Data Protection Act (“VCDPA”), please see our Virginia Privacy Policy in Appendix B.
Protecting Children’s Privacy Online
Personal Capital is not directed to individuals under the age of thirteen (13), and those children should not provide Personal Information through our websites or applications. We do not knowingly collect information from children under 13 without parental consent. For more information about the Children’s Online Privacy Protection Act (COPPA), visit the Federal Trade Commission website.
Modifications to our Privacy Policy
We change our privacy practices from time to time as the need arises. When we do, we will revise this Privacy Policy, and we will post the revised document on our website at https://www.personalcapital.com/privacy-policy.
When changes to this Privacy Policy are material, we will provide notice to Personal Capital Cash Customers and Advisory Clients.
Privacy Questions, Comments or Feedback?
Please contact us*
Attention: Privacy Team
Personal Capital
3 Lagoon Drive
Suite 200
Redwood City, CA 94065
Call toll-free 855-855-8005
Visit www.personalcapital.com
Email us at [email protected]
*Note that the Privacy Team may not respond to automated requests or other requests that do not appear to be legitimate in nature.
Last updated on January 1, 2023
Appendix A
California Consumer Privacy Act (“CCPA”) Disclosures
Who does the CCPA apply to?
The CCPA provides certain rights to California residents (“you” or “your”). A description of our information privacy practices relating to the personal information of our California employees, applicants, and independent contractors is covered under a separate privacy policy which can be found here.
What rights do I have under the CCPA?
Broadly speaking, the CCPA grants California residents the following rights:
- a right to request that a business disclose the personal information that the business collects, uses, discloses, sells, and shares about you;
- a right to request that a business correct inaccurate personal information that the business maintains about you;
- a right to request that a business delete the personal information that the business has collected from you, subject to certain exceptions;
- a right to request that a business limits the use and disclosure of your sensitive personal information;
- a right to opt out of having your personal information sold or shared (as the term is defined in the CCPA) by a business; and
- a right not to receive discriminatory or retaliatory treatment by a business for exercising your rights under the CCPA.
What personal information does Personal Capital collect about California consumers?
Personal Capital collects and processes personal information as required or permitted by law. Personal information means information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, device or household. Personal information does not include data that has been deidentified, data that is publicly available information, or information that is subject to certain federal laws that are excluded from the CCPA’s scope such as personal information subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Gramm-Leach-Bliley Act (GLBA), The Fair Credit Reporting Act (FCRA), the Driver’s Privacy Protection Act of 1994, or the California Financial Information Privacy Act (FIPA).
The chart below describes the categories of personal information that Personal Capital has collected over the course of our relationship with you, as well as the categories of sources from which the information was collected.
Please note that we also disclose the types of information we collect earlier in our Privacy Policy. However, the CCPA requires that we provide this information with reference to certain categories described in the CCPA, so we are restating the information here. We retain personal information until all applicable legal and business obligations are fulfilled.
Category of Personal Information | Examples |
---|---|
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. Categories of Sources: Y, SP, TP | You provide this information when creating a dashboard, adding accounts, or signing up for a wealth management or Cash account. We may also obtain this information from service providers to verify your identity or provide services to you. |
Personal information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Categories of Sources: Y, SP, TP | You provide this information when creating a dashboard, adding accounts, or signing up for a wealth management or Cash account. We may also obtain this information from service providers to verify your identity or provide services to you. We do not store account numbers, credit or debit card numbers or login credentials for accounts that you link to your dashboard. We do not generally collect descriptions of physical characteristics, insurance policy numbers, education, medical or health insurance information, although if you are a wealth management Client and disclose this information to your advisor, your advisor may make a note of it. |
Characteristics of protected classifications under California or federal law. Categories of Sources: Y | You may provide your age, sex and marital status, if you use our free retirement planner service. If you are a Personal Capital Cash customer, then you have confirmed to us that you are a U.S. citizen. |
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Categories of Sources: Y, SP | If you have added accounts to your dashboard, we have collected transaction information reflected in those accounts. In addition, we have information about the investment and cash accounts you have opened with us. |
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Website, application, or advertisement Categories of Sources: Y | We collect your IP address and cookies from your browser to recognize you and deliver a consistent experience when you visit our site and to measure the effectiveness of our marketing. We also collect information about how you interact with our website. |
Professional or employment-related information. Categories of Sources: Y | You may provide employment information when applying for a Personal Capital Cash account or if you are a wealth management Client. |
Note that we do not collect education, biometric, geolocation information, or make inferences about you from your personal information described above.
Sensitive Personal Information is a subcategory of Personal Information. The chart below describes the categories of Sensitive Personal Information that Personal Capital has collected over the course of our relationship with you as well as the categories of sources from which the information was collected. We retain Sensitive Personal Information until all applicable legal and business obligations are fulfilled.
Category of Sensitive Personal Information | Examples |
---|---|
Government identifiers such as your social security number, driver’s license, state identification card, or passport number. Categories of Sources: Y, SP, TP | You provide this information when creating a dashboard, adding accounts, or signing up for a wealth management or Cash account. We may also obtain this information from service providers to verify your identity or provide services to you. |
Financial account information such as your account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password or credentials allowing access to an account. | You provide this information when creating a dashboard, adding accounts, or signing up for a wealth management or Cash account, but we do not store this information permanently. |
Precise geolocation data which means data used to locate a consumer within a geographic area that is equal to or less than the area of a circle with a radius of 1850 feet except as otherwise set forth in applicable law or regulations | We don’t collect. |
Certain demographic information which includes racial or ethnic origin, religious or philosophical beliefs, or union membership. | We don’t collect. |
Private communications which means the contents of a consumer’s mail, email and text messages, unless Personal Capital is the intended recipient of the communication. | We don’t collect. |
Genetic Data | We don’t collect. |
Processing of biometric information for the purpose of uniquely identifying a consumer. | We don’t collect. |
Personal information collected and analyzed concerning a consumer’s health. | We don’t collect. |
Personal information collected and analyzed concerning a consumer’s sex life or sexual orientation. | We don’t collect. |
Categories of Sources of Information
(Y) Most of the personal information that we have is provided by you either (a) through our website, including information you enter into our website as well as information provided by your web browser or device, or (b) when speaking to a Personal Capital advisor or customer service agent.
(SP) We receive information from service providers, such as data analytics providers, financial account aggregators and independent securities brokerage trading and clearing custodians or banking institutions, who help us provide services to you.
(TP) In some instances, we purchase information from third parties, such as direct mail collection agencies and affiliate marketing vendors. For example, we may purchase addresses for direct mail campaigns and sales leads from referral partners.
Business or Commercial Purpose for Collecting the Personal Information
We collect personal information for one or more of the following business or commercial purposes:
- Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
- Debugging to identify and repair errors that impair existing intended functionality.
- Short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
- Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
Categories of Third Parties with Whom We Disclose Personal Information
We disclose the information described above with service providers, such as independent securities brokerage trading and clearing custodians, our marketing partners and Personal Capital Cash program account partners, to the extent necessary to provide the services you have requested and for the business purposes described above.
Deidentified or Pseudonymous Data
We maintain and use deidentified data in such a way that any information can no longer be linked to you or any device associated with you. After data has been deidentified, i) we maintain and use such deidentified data without attempting to reidentify the data or re-associate it with specific individuals; ii) we take reasonable measures to ensure that the information cannot be reassociated with you or your household; and iii) we have implemented technical and organizational safeguards as well as business processes designed to prohibit the reidentification of your information.
As described in our privacy policy, we may, from time to time, use anonymized or deidentified data to perform analysis on personal finance and related topics. Such findings may be shared with external publishers or published by us. We also authorize some of our Service Providers to use anonymized or deidentified information to provide services to us or improve their services generally.
Explanation of Your Rights
Right to Know what Personal Information is being Collected, Sold, or Disclosed for a Business Purpose
Subject to applicable exemptions in the CCPA, you have the right to request that we disclose certain information to you about our collection, use, and disclosure of your personal information. Once we receive and confirm your verifiable consumer request, to the extent required by the CCPA, we will disclose to you:
- The categories of personal information we collected about you;
- The categories of sources from which the personal information was collected;
- The business or commercial purpose for which we collected or sold the personal information;
- The categories of personal information that we sold, and for each category identified, the categories of third parties to whom we sold the particular category of personal information;
- The categories of personal information that we disclosed for a business purpose, and for each category identified, the categories of third parties to whom we disclosed that particular category of personal information; and
- The specific pieces of personal information we have collected about you.
Right to Request Deletion
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will deidentify or delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
Right to Correct Inaccurate Personal Information
You have the right to request correction of your personal information that is inaccurate. Once we receive your verifiable consumer request, we will use commercially reasonable efforts to correct the inaccurate personal information as described in your request. You may be required to provide additional documentation if necessary to determine the accuracy of your personal information.
How Can I Exercise My Right to Opt Out of the Sale or Sharing of My Personal Information?
Personal Capital does not sell or share any consumers’ personal information in any way that would require an opt-out and has not sold consumers’ personal information in the past 12 months, this includes the personal information of minors, as defined by law.
How Can I Exercise My Right to Limit the Use of my Sensitive Personal Information?
We limit the collection, use, and disclosure of your sensitive personal information to that which is necessary to provide our services to you or for another permitted purpose under the CCPA, such as detecting security incidents, and we do not use this information to infer characteristics about you. Our service providers are contractually obligated to limit their use and disclosure of your sensitive personal information to that which is necessary for the business purpose set forth in our contract with them. Since we already limit the use of your sensitive personal information, an opt-out is not necessary.
How Can I Exercise My Rights Under the CCPA?
If you have a Personal Capital dashboard account:
- Log into your account and go to Settings. Under the Privacy section, you will be able to request a report of the categories of information or specific information that we have collected about you or request that we delete your personal information.
- To correct any inaccurate personal information, please log onto your Personal Capital dashboard account to manually update the applicable field for your Profile under “Settings” and/or contact [email protected]; additionally, if you are a Client, you can also contact your financial advisor. In most cases, we will be able to authenticate your request using your dashboard login. In certain circumstances, if we believe it is necessary to authenticate your request and protect the security of your information, we may require additional information.
If you do not have a Personal Capital dashboard account:
- Fill out an online request form.
- You will need to provide your full name, phone number, and email so that we can authenticate your request and locate your personal information. If you previously had a Personal Capital dashboard account, please provide the email and phone number you used to log into your dashboard.
- We will authenticate your request by matching the information you provide against any information that we have collected about you. However, in some cases, we may not have collected sufficient information about you to authenticate your request. For example, if you are a site visitor but have never been a User, Cash Customer or Advisory Client, we will not have sufficient information about you to authenticate your request. In certain circumstances, if we believe it is necessary to authenticate your request and protect the security of your information, we may require additional information.
You may also exercise your CCPA rights by calling us toll-free at 855-855-8005.
How Can I Designate an Authorized Agent to Exercise My Rights Under the CCPA?
You may use an authorized agent to submit a request on your behalf. To do so, the authorized agent must provide a copy of your signed authorization to [email protected]. You will also be required to verify your identity directly with us and confirm that you have provided the authorized agent with your permission to submit a request on your behalf.
Nondiscrimination & Nonretaliation
We will not discriminate or retaliate against you for exercising any of your CCPA rights. To the extent prohibited by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services, or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior consent, which you may revoke at any time.
Contact Information
If you have any questions about your rights under the CCPA, please contact [email protected].
Privacy Policy available for download here
Revised: January 1, 2023
Appendix B
Virginia Consumer Data Protection Act (“VCDPA”) Disclosures
Who does the VCDPA apply to?
The VCPDA provides certain rights to Virginia residents acting in an individual or household context (“you”).
What rights do I have under the VCDPA?
Broadly speaking, the VCDPA grants you the following rights:
- a right to confirm and access the processing of your personal data
- a right to request that inaccuracies of your personal data be corrected
- a right to request the deletion of personal data provided by you or obtained about you
- a right to obtain a copy of personal data you provided in a portable and readily usable format to the extent technically feasible (also called a data portability request).
- a right to opt out of certain processing activities as described in the “Right to Opt Out” section of this notice.
- a right to appeal a decision made pursuant to a request to exercise these rights
- Personal Capital will not discriminate against you for exercising your consumer privacy rights.
Categories of Personal Data Collected and Processed
Personal Capital collects and processes personal data as required or permitted by law. Personal data (also referred to as personal information) means any information that is linked to you or reasonably linkable to you such as your name, email or mailing address, phone number, account credentials (User id and passwords), social security number, government ID numbers and other information that can be used to identify you personally. Personal data does not include data that has been deidentified, data that is publicly available information, or data that is subject to certain federal laws that are excluded from the VCDPA’s scope such as personal data regulated under the federal Family Educational Rights and Privacy Act (FERPA), the federal Fair Credit Reporting Act (FCRA), the federal Driver’s Privacy Protection Act of 1994, or protected health information under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).
The chart below describes the categories of personal data we collect along with how we collect this information.
Category of Personal Data | How we collect |
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Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. | You provide this information when creating a dashboard, adding accounts, or signing up for a wealth management or Cash account. We may also obtain this information from service providers to verify your identity or provide services to you. |
Personal information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, physical characteristics or description, telephone number, insurance policy number, education, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. | You provide this information when creating a dashboard, adding accounts, or signing up for a wealth management or Cash account. We may also obtain this information from service providers to verify your identity or provide services to you. We do not store account numbers, credit or debit card numbers or login credentials for accounts that you link to your dashboard. We do not generally collect descriptions of physical characteristics, insurance policy numbers, education, medical or health insurance information, although if you are a wealth management Client and disclose this information to your advisor, your advisor may make a note of it. |
Characteristics of protected classifications under applicable law. | You may provide your age, sex and marital status, if you use our free retirement planner service. If you are a Personal Capital Cash customer, then you have confirmed to us that you are a U.S. citizen. |
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | If you have added accounts to your dashboard, we have collected transaction information reflected in those accounts. In addition, we have information about the investment and cash accounts you have opened with us. |
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement. | We collect your IP address and cookies from your browser to recognize you and deliver a consistent experience when you visit our site and to measure the effectiveness of our marketing. We also collect information about how you interact with our website. |
Professional or employment-related information. | You may provide employment information when applying for a Personal Capital Cash account or if you are a wealth management Client. |
Sensitive data which may include personal data revealing mental or physical health diagnosis, citizenship status, or immigration status | We do not generally collect sensitive data although if you are a wealth management Client and you voluntarily disclose this information to your advisor, your advisor may make a note of it. If you are a Personal Capital Cash customer, then you will need to confirm your citizenship status. |
Note that we do not collect education information, biometric data, geolocation information, or make inferences about you from the personal data described above.
Business or Commercial Purpose for Collecting Your Personal Data
We collect personal data for one or more of the following business or commercial purposes:
- Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
- Debugging to identify and repair errors that impair existing intended functionality.
- Short-term, transient use, provided that the personal data is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
- Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
Categories of Personal Data Shared with Third Parties
The chart below describes what personal data may be shared with third parties.
Sharing Category | What do we share and why? |
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Our Service Providers | Like most businesses, we use third-party service providers to deliver some of the services mentioned in this Privacy Policy. In doing so, we provide some of your data (including your Personal Data) to those third-party service providers, on a need to know basis. Our contracts with those service providers require them to safeguard your information and prohibit them from using your data for any purpose other than to provide services to us or to improve their services. |
Marketing Partners | We also share your name, phone number, mailing address, email address (or email hashes) and an approximate range of your portfolio size with marketing partners working on our behalf solely to better market our services. We do not sell or allow your information to be used for any purpose other than to market our own products and services. We also never share sensitive financial information, such as account numbers, detailed account balances or transaction history, with our marketing partners. |
Personal Capital Cash program account partners | If you are a Personal Capital Cash Customer, you will own a program account provided through our banking partner and other participating program banks. Our banking partner for our Personal Capital Cash Customer program accounts is UMB Bank, National Association (“UMB”), and we will share Detailed Cash Account Information with UMB. Our contract with UMB requires them to treat your information as confidential information. UMB’s Privacy Policy is available here. |
Identity verification and fraud analysis | If you are a Personal Capital Cash Customer or an Advisory Client we will share some of your Personal Data, Detailed Cash Account Information and Detailed Investment Account Information (as applicable) with third-party identity verification providers and fraud analysis partners for the sole purpose of verifying your identity and preventing fraudulent transactions. These providers are required under contract with us to safeguard your information and not provide it to any third parties except as required to provide the services or as otherwise required by law, regulation or by court order. |
Your brokerage account(s) | If you are an Advisory Client of Personal Capital, you will have a custodial brokerage account to hold your personal portfolio. Our custodial brokerage partner for our Advisory Clients’ accounts is Pershing, and we will share Detailed Advisory Account Information with them. You will have direct visibility, access, and interaction with Pershing while you are a Personal Capital Advisory Client. Pershing’s Privacy Policy is available here. |
Security, Legal & Regulatory Requirements | We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the services we provide and any facilities or equipment used to make those services available, (v) comply with any law or regulatory requirement, including pursuant to a subpoena, court order or other legal process, or (vi) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others. |
Categories of Third Parties with Whom We Share Your Personal Data
We share the information described above with service providers, such as independent securities brokerage trading and clearing custodians, our marketing partners and Personal Capital Cash program account partners, to the extent necessary to provide the services you have requested and for the business purposes described above.
Deidentified or Pseudonymous Data
We maintain and use deidentified data in such a way that any information can no longer be linked to you or any device associated with you. After data has been deidentified, i) we maintain and use such deidentified data without attempting to reidentify the data or re-associate it with specific individuals; ii) we take reasonable measures to ensure that the information cannot be reassociated with you or your household; and iii) we have implemented technical and organizational safeguards as well as business processes designed to prohibit the reidentification of your information.
As described in our privacy policy, we may, from time to time, use anonymized or deidentified data to perform analysis on personal finance and related topics. Such findings may be shared with external publishers or published by us. We also authorize some of our Service Providers to use anonymized or deidentified information to provide services to us or improve their services generally.
Right to Opt Out
You have the right to opt out of the sale of your personal data and the processing of your personal data for the purposes of targeted advertising or certain instances of profiling. Our practices pertaining to these processing activities and your right to opt out of these activities are described below.
Sale of Personal Data
We do not sell your personal data, as the term “sale” is defined under the VCDPA in any way that would require an opt out.
Targeted Advertising
We do not engage in targeted advertising in a way that would require an opt out under the VCDPA.
Profiling
Profiling, as it is defined in the VCDPA, refers to any form of automated processing that evaluates or predicts personal aspects related to your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. We do not engage in profiling that produces legal or similarly significant effects on you that would require an opt out under the VCDPA.
How do I Exercise my Rights Under the VCDPA?
If you have a Personal Capital dashboard account:
- Log into your account and go to Settings. Under the Privacy section, you will be able to request a report of the categories of information or specific information that we have collected about you or request that we delete your personal data.
- To correct any inaccurate personal information, please log onto your Personal Capital dashboard account to manually update the applicable field for your Profile under “Settings” and/or contact [email protected]; additionally, if you are a Client, you can also contact your financial advisor.
- To submit an appeal related to any of your rights granted under the VCDPA, please email us at [email protected] with your request for appeal and any additional information that may be relevant to the request.
- In most cases, we will be able to authenticate your request using your dashboard login. In certain circumstances, if we believe it is necessary to authenticate your request and protect the security of your information, we may require additional information.
If you do not have a Personal Capital dashboard account:
- Fill out an online request form.
- You will need to provide your full name, phone number, and email so that we can authenticate your request and locate your Personal Data. If you previously had a Personal Capital dashboard account, please provide the email and phone number you used to log into your dashboard.
- We will authenticate your request by matching the information you provide against any information that we have collected about you. However, in some cases, we may not have collected sufficient information about you to authenticate your request. For example, if you are a site visitor but have never been a User, Cash Customer or Advisory Client, we will not have sufficient information about you to authenticate your request. In certain circumstances, if we believe it is necessary to authenticate your request and protect the security of your information, we may require additional information.
Appeal Process
Upon receiving your request, we will respond to you within 45 days or notify you if the response period is being extended in accordance with applicable laws. If we decline to take action on your verifiable request, we will provide you with a notice that includes our reason for not taking action and instructions for submitting an appeal. Should you wish to submit an appeal, you will have 60 days from the date of the notice to do so. You may submit your appeal by emailing us at [email protected].
Contact Information
If you have any questions about your rights under the VCDPA, please contact us at [email protected].
Personal Capital Terms of Use
Last updated on December 5, 2022
Welcome to Personal Capital, a personalized money management solution for a better financial life. You are just minutes away from enjoying Personal Capital’s award-winning financial dashboard (“Dashboard”), allowing you to make sense of your whole financial picture wherever you are. With the Personal Capital Dashboard, you can effortlessly track all of your personal finances - account balances, cashflows, transactions and holdings - from the convenience of your computer, tablet or phone. Before you get started, we ask that you take a few minutes and read the important Terms of Use Agreement below. We look forward to your use of our Dashboard.
THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR IN SECTION 20 OF THIS AGREEMENT.
Terms of Use Agreement
1. Description of our Services
Our goal is to provide you (a User, as defined below and also referred to as “you” or “your”) with a personalized money management solution for a better financial life. Our services (“Services”) are comprised of the following features, delivered to you through our Dashboard, marketing partners, and through communications with our professionals, as follows:
Financial account aggregation
We offer financial account aggregation, where Personal Capital, acting as your authorized agent, will retrieve your financial account information, such as your account balances, transactions and holdings, from financial institutions that you designate. Financial account aggregation is an optional Service you may utilize by providing financial account credentials, allowing us to securely connect with third-party financial institutions to present your financial information on our Dashboard. Our account aggregation Services are regularly refreshed, providing you with up-to-date financial account information
Financial visualizations
Your financial account information, collected through account aggregation or manual account information that you provide, is used to display your consolidated financial picture. Financial visualizations include charts, detailed transactional data and other financial account data that we present to you, summarizing your financial life at a glance.
Financial insights
Your financial account information, along with optional personal and financial information that you may provide, are used to generate financial insights. We utilize your aggregated account data, along with stated assumptions or information that you provide, to share important financial observations that can make you aware of your overall financial picture and opportunities to improve it.
Financial consultations
You may be eligible to receive a free financial consultation from one of our registered investment advisors. The consultation is optional and may be offered directly to eligible Dashboard users or through our marketing partners. A financial consultation is a personalized analysis of your financial situation, based on the information gathered from your use of our Dashboard or interactively with a registered advisor, to make you aware of potential risks and opportunities within your current financial situation. Your participation in this Service may result in an offer to enroll in our wealth management services, which are separate from the free financial consultation Service.
2. About Personal Capital
Personal Capital Corporation is a Delaware corporation, established October 22, 2009, and headquartered in Redwood City, CA. Personal Capital Corporation is a wholly owned subsidiary of Empower Holdings, LLC, and has two operating subsidiaries:
- Personal Capital Advisors Corporation: Personal Capital Advisors Corporation (“PCAC”) provides discretionary and non-discretionary investment advisory services to retail investors, and operates as an investment advisor registered with the Securities and Exchange Commission (“the SEC”) under the Investment Advisers Act of 1940, as amended. Any investment advisory services are offered only by PCAC.
- Personal Capital Services Corporation: Personal Capital Services Corporation (“PCSC”) manages our Personal Capital Cash Program, which provides services to customers who have opened a Personal Capital Cash Program account.
Personal Capital Corporation and/or its affiliates (“Personal Capital”, “we”, “us” or “our”) provide a complete financial solution for a better financial life. Our award-winning Dashboard provides tools to understand your whole financial picture, up-to-date, at a glance from one secure place. Additionally, PCAC offers personalized investment portfolios, based on an understanding of your financial situation and goals. Our offerings are designed to reduce the stress of meeting your financial goals and tracking your financial affairs, allowing you to enjoy life on your terms.
3. Agreement and Acceptance Of Terms
This Terms of Use Agreement, along with any exhibits, disclosures, addendums or amendments hereto, and all other terms in other agreements referenced herein, as may be amended or modified from time to time (collectively, this “Agreement”), constitutes an agreement between you and us which sets forth the terms and conditions applicable to your access and use of our Dashboard, personalcapital.com (the “Site”) and our other Services that we offer to you through the Dashboard. In this Agreement, we refer to those who use our Services collectively as “users,” and we refer to those who enroll in PCAC’s wealth management services as “Clients.”
Some of our Services are provided through Personal Capital and others through our affiliates as described in Section 2 herein. This Agreement is in addition to any other separate agreements between you and PCAC for the wealth management services it provides to Clients or PCSC for the services it provides to Personal Capital Cash customers, as applicable.
Your use of the Dashboard, Site and/or Services is also subject to our Privacy Policy, which explains how we gather, use, disclose and manage your personal information. Terms used but not defined in this Agreement have the meanings provided to them in our Privacy Policy.
Please read this Agreement and our Privacy Policy carefully. THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR IN SECTION 20 OF THIS AGREEMENT.
By accessing or using the Dashboard, the Site or any of the Services, you understand and agree to be bound by the terms and conditions of this Agreement and the Privacy Policy as they may be amended from time to time in the future. If you do not agree to this Agreement or any amendment thereto, then you may not use the Dashboard, the Site or the Services. You also agree that:
- You are able to enter into legally binding contracts, and you agree that this Agreement legally binds you in the same manner that a signed, written, paper contract does. You may not use the Dashboard or Services in any manner or attempt to access the Dashboard or any Service if you are not willing to be bound and abide by this Agreement.
- WE ARE NOT RESPONSIBLE FOR AND DO NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY DATA OR OTHER CONTENT OBTAINED FROM THIRD-PARTY SOURCES (“THIRD PARTY CONTENT”) THAT IS DISPLAYED OR REPORTED THROUGH THE DASHBOARD, SITE OR SERVICES. We do not explicitly or implicitly endorse or approve Third Party Content. Reliance on Third Party Content available on or through the Dashboard, Site or Services is at your own risk. While the Dashboard, Site and Services provided by Personal Capital may provide significant assistance in helping you manage your finances, you should consult with a professional financial advisor before making investment decisions or deciding on significant changes to your personal financial strategy.
- We reserve the right to change or modify this Agreement or our Privacy Policy from time to time. We also reserve the right to modify or discontinue any portion of the Services or features and functionality provided through the Dashboard, from time to time. If we decide to change this Agreement or our Privacy Policy, we will post such changes on the Dashboard or on the Site, and such changes will be effective at such time. We reserve the right to modify or temporarily discontinue your access to the Dashboard or portion thereof, or any Service, with or without prior notice to you. You agree that we will not be liable to you or any third party for any modification of the Dashboard, the Site, the Services, this Agreement, the Privacy Policy, or your access to the Dashboard, Site or Services.
- The Dashboard, Site and Services are intended to be accessed and used only by individuals that have reached the legal age of majority in the jurisdiction where they reside, which may be 18 years or older, depending on the jurisdiction. You may not use or access this Dashboard, the Site or any Service unless you have reached the legal age of majority in the jurisdiction where you are a resident.
4. Your Registration Information
In order to use our Dashboard or any of the Services, you will first need to create a Personal Capital user account (“Account”) through the Dashboard. To establish an Account, you must provide Personal Information (as defined in our Privacy Policy) that is collected on the secure enrollment page. See the Privacy Policy for further information.
5. Your Electronic Disclosure Consent
By providing your email to enroll for use of the Dashboard and our Services, you consent to receive all notices and information regarding the Dashboard, our Services and other offerings electronically. Electronic communications may be posted on our Dashboard and/or delivered to your registered email address. All communications in electronic format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you end your relationship with Personal Capital as stated in Section 18. It is your responsibility to provide us with true, accurate and complete email addresses and contact and other information related to this disclosure, and to maintain and update promptly any changes to this information. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications, and we will provide you notice thereof in accordance with applicable law.
6. Automated Calls, Pre-Recorded Voice Messages, and SMS/Text Messaging
You may receive calls and/or SMS/text messages from Personal Capital about account-related news and alerts and/or promotional and marketing offers for Personal Capital and its affiliates’ products and services. By enrolling for use of the Dashboard or any of Personal Capital or its affiliates’ products or services, you agree to receive such calls and/or text messages from Personal Capital and its affiliates to the phone number you provided, and you certify that your number provided is correct and that you are authorized to enroll the designated number to receive such calls and/or text messages. You acknowledge and agree that the calls and/or text messages may be sent using an automatic telephone dialing system or pre-recorded voice messages and that standard message and data rates may apply. Consent to receive calls or text messages for promotional purposes is not required as a condition of purchase or use of the Services, and you may unsubscribe from such calls or texts at any time as described in the next paragraph. The calls or text messaging may not be compatible with all phone models and standard message and data rates may apply. Personal Capital is not responsible for any delays upon sending or receiving text messages.
To unsubscribe from receiving promotional text messages at any time reply STOP, END or QUIT to any text message you receive from Personal Capital and its affiliates. You may unsubscribe from receiving promotional calls at any time by contacting us at 855-823-3040 or [email protected]
You consent that following such a request to unsubscribe, you may receive one final text message from Personal Capital and its affiliates confirming your request. Note that unsubscribing from promotional and/or account-related calls or texts will not prevent Personal Capital and its affiliates from sending you text messages or calling you for transactional, security, and/or authentication purposes.
7. Dashboard and Services - Disclaimers
By using the Dashboard and the Services, you understand and acknowledge that the investment results that you could obtain from investment information and financial insights provided by Personal Capital cannot be guaranteed. All investments entail a risk of loss and you may lose money. You also understand that all investments are subject to various market, currency, economic, political, business and other risks. Investments, particularly those in international stocks and stocks of smaller companies, present numerous risks, can be very volatile and can result in a loss of principal. International investments include risks of currency fluctuation, political and economic instability and differences in financial reporting, in addition to the risks present in domestic investments. Investments in smaller companies may involve greater risks than investments in larger, more mature companies. The value of debt securities frequently is reduced (sometimes dramatically) by increases in interest rates. While the financial insights that we provide may assist in helping you manage your finances, you should consult with a professional investment advisor before making investment decisions or deciding on significant changes to your personal financial strategy.
At the sole discretion of Personal Capital, and for select users only, wealth management services may be offered or solicited through a personal advisor (“Personal Advisor”). All Personal Advisors are registered investment advisor representatives of PCAC. Your election to become a Client is subject to your explicit enrollment and acceptance of a separate agreement and related fee schedule; all such wealth management services are separate from the Dashboard and related Services defined within this Agreement. Please read the disclosure brochure, available at www.personalcapital.com, which explains our separate wealth management services in more detail.
8. Acting As Your Authorized Agent
By accessing and using the financial aggregation Service, you expressly authorize and direct Personal Capital, on your behalf, to electronically retrieve your account information maintained by third-party financial institutions with which you have a legally binding customer relationship (“Account Information”). Subject to our privacy procedures as described in the Privacy Policy, Personal Capital may work with one or more third-party financial service technology providers to access and retrieve your Account Information.
FOR PURPOSES OF THIS AGREEMENT AND SOLELY TO OBTAIN AND PROVIDE THE ACCOUNT INFORMATION TO YOU AS PART OF THE SERVICES, YOU GRANT PERSONAL CAPITAL A LIMITED POWER OF ATTORNEY, AND APPOINT PERSONAL CAPITAL AS YOUR ATTORNEY-IN-FACT AND AGENT.
YOU ACKNOWLEDGE AND AGREE THAT WHEN PERSONAL CAPITAL IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, PERSONAL CAPITAL IS ACTING AS YOUR AGENT WITH LIMITED POWER OF ATTORNEY, AND NOT AS THE AGENT OF OR ON BEHALF OF ANY THIRD PARTY. YOU AGREE THAT THIRD-PARTY ACCOUNT PROVIDERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU. You understand that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services.
9. Cost of Service
Your use of the Dashboard and related Services are offered free of charge. We may offer you additional services, such as wealth management services provided by PCAC, which you may elect to participate in, for a fee. Personal Capital reserves the right, at its sole discretion, to amend or change its pricing policy for its current Services or any additional services that we may offer.
10. Data and Data Integrity
The overall integrity and quality of the data presented by Personal Capital to you is an important element in providing you with a high quality and accurate picture of your personal finances. Personal Capital, however, is not responsible for and cannot guarantee the accuracy or timeliness of Account Information we retrieve on your behalf directly from third-party technology providers, from third-party financial institutions where your accounts are held, or from third-party research/market data providers used to provide the Services.
Personal Capital may not be able foresee or anticipate technical or other difficulties which may result in failure to obtain data, personalization settings or other service interruptions. Personal Capital assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, loss of user data, communications or personalization settings. Personal Capital encourages you to periodically confirm the valuation or execution price of particular investments through independent sources, such as an investment adviser, broker-dealer or other financial institution.
11. Other Obligations While You Use the Dashboard and the Services
Confidentiality: You agree and understand that you are responsible for maintaining the confidentiality of your Account’s login information and password. You should also maintain appropriate anti-virus and anti-malware software on your computer, so that your Account login information is not compromised through your own negligence. If you receive evidence that someone has committed fraud by accessing your Account you must contact us IMMEDIATELY at [email protected].
Accurate and Up-to-Date Information: Our Services depend on your providing us with complete, accurate and up-to-date information, both now and in the future about yourself and your accounts. In turn, we will provide you with online security as described in our Privacy Policy. Those assurances are conditioned upon your provision of correct contact and account information to us, and never misrepresenting to us your identity or account registration information (e.g., for the use of your third-party websites and accounts).
You agree that you will NOT do any of the following: (i) engage in behavior that will put your personal information at unnecessary risk, such as leaving in public, transmitting, or publishing your Login or passwords; (ii) use our Dashboard, Services or any of your accounts for illegal purposes, (iii) use our Dashboard or Services to transmit anything that is unlawful, libelous, intended to harass or violate the rights of another; (iv) transfer, resell or make any commercial use of the Dashboard or Services, as they are intended solely for your use as an end user; (v) reverse engineer or decompile any technology associated with the Dashboard or Services, including, but not limited to, any software applications, Java applets or plug-ins associated with the Services; (vi) use any robot, spider, webcrawler, scraper, deep link or similar automated extraction or data gathering mechanism, program or tool to access, copy or monitor our Dashboard or Services or any portion thereof without our prior written consent; (vii) post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements; or (viii) create/register accounts or aggregate financial institutions with the Service through unauthorized means, including, but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
Consent to Recording. You consent to the recording of any electronic or written correspondence, communication, or interaction, and any or all telephone conversations between you, us and any of our affiliates. Your consent is ongoing and need not be confirmed prior to or during such recording, except to the extent that applicable law expressly requires otherwise. You agree and understand that such recordings may be submitted as evidence in any legal proceeding relating to this Agreement. For compliance and regulatory purposes, we reserve the right to keep an audit trail of all financial insights or investment advice that we have provided to you.
12. Confidentiality and Feedback
We always welcome your correspondence, feedback, comments, complaints and suggestions (collectively, “Feedback”) as this will help us improve our Services. You agree that all Feedback becomes our confidential information (“Confidential Information”). In addition, any of our trade secrets, computer software, product specifications as well as any non-public technical, financial or business information that we share with you is also our Confidential Information. You agree not to disclose or share any of our Confidential Information with any third party, including, without limitation, any members of the press or colleagues. Feedback may be submitted to [email protected].
13. Third Party Software and Service Providers
To facilitate our provision of the Dashboard and Services, we license software, tools and services from third-party providers. From time to time, we may revise this Agreement as requested by our third-party providers and require that you agree to additional pass-through terms with respect to such third-party providers. In the event that any use of the services of such third-party providers results in you leaving our Dashboard and entering the site of a third-party provider, then you will be subject to the terms of service or use and the privacy policy of such third-party provider, so please review such terms carefully. Also, when you use or access the sites of your financial services providers, you will be subject to their terms of service or use and policies. Personal Capital may provide to our users the ability to share their experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, including, but not limited to, pictures, information, opinions or any personal information that you make available to other participants on these social platforms, is subject to the terms of service or use and policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
14. Financial Services and Third-Party Offers
Investment advice provided by PCAC refers to any recommendations, suggestions, analysis or opinions given to Clients through a Personal Advisor concerning buying, selling, holding, evaluating or analyzing any security or related type of investment. Investment advice provided by PCAC also refers to any recommendations, suggestions, analysis or opinions given to Clients through the Services concerning buying, selling, holding, evaluating or analyzing any security or related type of investment.
You understand and agree that any insights you may gain through your use of the Dashboard or our Services is not deemed financial or investment advice. PCAC can provide more extensive advisory services, such as discretionary money management, under a separate advisory agreement with you.
Personal Capital and Third-Party Offers: Some parts of the Services may, either today or in the future, be supported by advertising or marketing partnership relationships. We will always disclose when a particular Personal Capital third-party offer is sponsored or when a third party compensates Personal Capital in connection with the sponsored offer.
15. Ownership, Copyright, and Trademark
The technology and content used to offer, or provided in connection with, the Services, including, but not limited to, our Dashboard, browser software plug-in, smartphone software and tablet software, are either owned by us or licensed by us from third-party licensors. Such content includes the look and feel of our Dashboard, all of our promotional materials and, in general, include all text, graphics, photographs, illustrations, images, videos, tutorials, notices, software and other content, which are protected by the copyright law of the United States and international treaties, trademark and patent laws, and other intellectual property laws. As part of the Services, we grant you a nonexclusive, non-transferable, limited, royalty-free, revocable license during the term of this Agreement to use our Dashboard content strictly to facilitate your personal, non-commercial use of our Services. Personal Capital, the Personal Capital logo and other marks are our registered trademarks and service marks. For a list of trademarks, see Trademarks. All other product names and company logos found on promotional materials are the trademarks or service marks of their respective owners. Except as indicated in this paragraph, you may not copy, reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any of our content, information or trademarks without our express written consent.
Our open source software disclosure can be found here.
16. Disclaimer of Representation and Warranty; Disclaimer of Liability
NOTWITHSTANDING ANYTHING STATED IN THIS AGREEMENT TO THE CONTRARY, PERSONAL CAPITAL, LICENSORS AND AGENTS REPRESENT THAT THE PERSONAL CAPITAL SERVICES, THE DASHBOARD AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. PERSONAL CAPITAL, ITS LICENSORS AND AGENTS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DATA AND DOCUMENTS WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THE SERVICES, THE DASHBOARD AND/OR THE SITE. PERSONAL CAPITAL, ITS LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE DASHBOARD, THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITATION, PERSONAL CAPITAL DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES, THE DASHBOARD AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM OUR SITE IS AT YOUR SOLE RISK.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PERSONAL CAPITAL, ITS LICENSORS AND AGENTS WILL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA, INFORMATION OR CONTENT, FOR ANY SERVICES INTERRUPTIONS, OR FOR ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF PERSONAL CAPITAL’S OR ITS LICENSORS’ OR AGENTS’ REASONABLE CONTROL, OR ANY INTERNET OR TELECOMMUNICATIONS FAILURE OR YOUR INABILITY TO ACCESS THE SERVICES OR THE SITE. NOR CAN PERSONAL CAPITAL OR ITS AFFILIATES, LICENSORS OR AGENTS GUARANTEE THE COMPLETE SECURITY OF THE SERVICES OR THE SITE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT ANY DOWNLOADS OF CONTENT OR MATERIALS RELATED TO THE SERVICES OR THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIALS. IN ADDITION, WE CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE SERVICES, EITHER PRESENTLY OR AS THEY EVOLVE; THE SERVICES MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEITHER PERSONAL CAPITAL NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEBSITE. NEITHER PERSONAL CAPITAL NOR ITS CONTENT PROVIDERS WARRANT THAT THE SITE COMPLIES WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE SECURITIES AND EXCHANGE COMMISSION OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF PERSONAL CAPITAL, ITS AFFILIATES, LICENSORS AND AGENTS TO YOU FOR ACTUAL DIRECT DAMAGES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). PERSONAL CAPITAL, ITS LICENSORS AND AGENTS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR DAMAGES MEASURED BY LOST PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, EVEN IF PERSONAL CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, THE DASHBOARD, OR THE SITE; THE COST OF SUBSTITUTE GOODS OR SERVICES; ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANYONE RELATED TO THE SERVICES; THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR ANY PROVIDER OR THIRD PARTY WEBSITE, OR ANY OTHER MATTER RELATING TO THE SERVICES, THE DASHBOARD, OR THE SITE. Some jurisdictions do not permit the limitation or exclusion of certain categories of liability, so some of the above limitations may not apply to you.
THE SERVICES, THE SITE AND THE DASHBOARD MAY BE AVAILABLE THROUGH A COMPATIBLE MOBILE DEVICE, INTERNET AND/OR NETWORK ACCESS AND MAY REQUIRE SOFTWARE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THESE REQUIREMENTS, INCLUDING ANY APPLICABLE CHANGES, UPDATES AND FEES, AS WELL AS THE TERMS OF YOUR AGREEMENT WITH YOUR MOBILE DEVICE AND TELECOMMUNICATIONS PROVIDER. PERSONAL CAPITAL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
18. Ending Your Relationship with Personal Capital
This Agreement will continue to apply until terminated by either you or us as set out below. If you want to terminate your legal agreement with us, you may do so by closing your Account.
Please use the directions below to close your Account:
Email [email protected] from the email address associated with your Account, indicating “CANCEL” in the subject line of the message. After confirming you are the Account owner, we will remove your accounts, transactions and login information from our records, and we will only continue to retain such information as we are required by law to retain.
We reserve the right to terminate our legal agreement with you (by providing an email notice of such termination): (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to or are unable to comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (iii) if we no longer offer any of the Services that you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in our sole and absolute discretion. The termination of this Agreement will not affect any of our rights and obligations to each other arising under this Agreement prior to termination.
19. Governing Law and Venue
This Agreement and any Services provided hereunder will be governed exclusively by the laws applicable in the State of Colorado, excluding its provisions on conflicts or choice of law. Subject to the arbitration provision below, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction and venue of the state courts in Denver, Colorado or federal district court for Colorado with respect to any dispute or litigation arising under this Agreement or as the result of any Services.
20. Arbitration
ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SERVICES, ANY MARKETING ACTIVITIES, OUR WEBSITES AND/OR THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION RATHER THAN A COURT, IN DENVER, COLORADO BEFORE A SOLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO STREAMLINED ARBITRATION RULES AND PROCEDURES, AND THE ARBITRATOR SHALL APPLY THE LAWS APPLICABLE IN THE STATE OF COLORADO. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION AS SPECIFIED ABOVE UNDER “GOVERNING LAW AND VENUE.” THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF OR PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. YOU AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. IN ANY ARBITRATION, THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEYS’ FEES OF THE PREVAILING PARTY, AND SHALL DETERMINE THE PREVAILING PARTY FOR THIS PURPOSE.
21. Claims of Copyright and Trademark Infringement
If you believe that your intellectual property is being used on the website or the Dashboard in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Personal Capital to locate the material on our website or the Dashboard;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address, if different from your registered profile with Personal Capital;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to Personal Capital’s Designated Agent, whose contact information is as follows:
Attention: Privacy & Security
Personal Capital Corporation and its affiliates
3 Lagoon Drive
Suite 200
Redwood City, CA 94065
Call toll-free 855-855-8005
Visit www.personalcapital.com
Email us at [email protected]
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims. Any information or correspondence that you provide may be shared with third parties, including the person who provided the allegedly infringing material. Upon receipt of a bona fide infringement notification by the Designated Agent, we will remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the Service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send Personal Capital’s Designated Agent a written counter-notice with the following information:
- Identification of the copyrighted work that was removed, and the location on the website or Dashboard where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
22. Change of Terms
We may revise this Agreement at any time, and therefore we suggest that you periodically review this Agreement as provided on our Site. We may notify you of any changes at the e-mail address associated with your Account, and you agree to accept email communications, links to and/or our posting of any revised Agreement on our Dashboard, and you agree that any of these means of our communicating a change in the Agreement constitutes adequate notice to you. Your continued access or use of the Dashboard or any of the Services indicates your agreement to be bound by any such revisions.
23. Indemnification
You agree to indemnify, defend and hold us and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your use of our Services and/or our Dashboard, your violation of this Agreement, your infringement of any intellectual property rights, or violation by any user of your Account. In the event that there are third party claims against you for which you properly seek damages from us under this Agreement, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.
24. Not an Investment, Legal or Tax Advisor
We make managing your personal finances convenient and as streamlined as possible. However, neither we nor our Services give, offer or render investment, financial, tax or legal advice. Before making financial or investment decisions, we recommend that you contact an investment advisor, or tax or legal professional. PCAC can separately offer and provide investment advice under a separate advisory agreement with you.
25. Waiver and Severability
We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.
26. Section Headings
Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.
27. User Referral Program
Personal Capital’s Referral Program (the “Referral Program”) allows users (“Referring User(s)”) to receive benefits in the form of referral incentives (“User Incentive(s)”) by referring friends (“Referred Friend(s)”) to become new users of Personal Capital’s Dashboard.
Eligibility
Eligible Referred Friends may also receive User Incentives. To qualify for User Incentives, a Referred Friend must sign up for the Dashboard through the individualized referral link provided in the Referring User’s Dashboard. The Referred Friend must link at least one valid investment account (e.g., brokerage, 401k or IRA) containing a balance of more than $1,000 U.S. Dollars within 30 days of registering for the Dashboard. Referred Friends must agree to Personal Capital’s Terms of Use and the terms and conditions of the Referral Program as described in this section. Accounts that do not qualify as valid investment accounts include bank, credit or debit card, Paypal, Stash, Acorns, Kapitall, Groundfloor, WageWorks HSA, Coinbase, digital currency exchanges, and manual investment accounts.
The Referral Program is only available to friends who are first-time users of the Dashboard and link a valid investment account as described in this section. Investment accounts that have already been linked to any Personal Capital user account are ineligible. Personal Capital user accounts that have previously been closed or deleted are also ineligible.
User Incentives
If a Referred Friend successfully completes the required enrollment process as described in this section, both the Referring User and the Referred Friend will qualify to receive User Incentives. User Incentives may include offers for gift cards, Personal Capital Cash funds, physical goods, access to live or online events, or donations to organizations. The scope, variety, type, or amount of User Incentives may change and vary by promotion and will be disclosed in promotional materials. User Incentives may be delivered by physical mail or electronically to the registered emails of Referring Users and Referred Friends. Personal Capital employees are not eligible to receive User Incentives.
Client Incentives
Clients may also participate in the Referral Program. If a Client refers a friend who becomes a Client with an account balance of $250,000 or more, both the Client (“Referring Client(s)”) and the Referred Friend may receive additional promotional referral incentives (“Client Incentive(s)”) from PCAC in the form of 6 months of free advisory services for both the Referring Client and the Referred Friend who becomes a trading client of PCAC. Referred Friends who receive a Client Incentive as a result of becoming trading clients must maintain a minimum qualifying account balance of $250,000 (minus any losses related to trading or market volatility, or margin debit balances) with PCAC during the term of the 6-month free period. Additionally, if a Referring Client refers a Referred Friend who becomes a Client with an account balance of $100,000 to $249,999.99, both the Referring Client and the Referred Friend may receive additional promotional referral incentives (“Additional Client Incentive(s)”) from PCAC in the form of 2 months of free advisory services for both the Referring Client and the Referred Friend who becomes a trading client of PCAC. Referred Friends who receive the Additional Client Incentives as a result of becoming trading Clients must maintain a minimum qualifying account balance of $100,000 (minus any losses related to trading or market volatility, or margin debit balances) with PCAC during the term of the 2-month free period. No increased management fees or additional fees will be charged to the Referred Friend who becomes a client of PCAC as a result of participating in the Referral Program. PCAC’s Part 2A Form ADV brochure can be found here. Personal Capital employees are not eligible to receive Client Incentives. Notwithstanding the foregoing provisions, Clients’ participation in the Referral Program is subject to and governed by the terms and conditions of the Client’s separate advisory agreement with PCAC.
Promotions offered through the Referral Program are not valid with any other offers. Except as required by law, User Incentives cannot be transferred for value or redeemed for cash. The Referral Program is available only to U.S. residents. User Incentives are void where prohibited. Unless otherwise specified, third parties, including those whose names may be associated with certain User Incentives, are not sponsors of the Referral Program or any other Personal Capital promotion or offer.
Disqualification
Because you may be compensated with free months of advisory services in relation to the Referral Program or a promotion, you must confirm that you are not disqualified from giving a paid testimonial under the standards set forth by the SEC. By participating in the Referral Program or any applicable promotion, you attest that you have never been the subject of any SEC opinion or order barring, suspending, or prohibiting you from acting in any capacity under the federal securities laws nor are you subject to a finding, order, or conviction by a United States court, the SEC, or any financial regulatory agency. You agree to notify PCAC promptly if you become disqualified by any of the foregoing at any time.
Additional Referral Program terms
Referring Users may not receive more than 30 User Incentives in 30 days and may not receive more than 100 total lifetime User Incentives.
Referring Users and Referred Friends may be issued IRS Form 1099-MISC tax forms for User Incentives that collectively exceed $600 in value. As a result of participating in the Referral Program, Referring Users and Referred Friends may be subject to tax reporting and are responsible for tax obligations arising from the receipt of User Incentives.
Referring Users agree not to: use individualized referral links for commercial purposes; make individualized referral links available to the general public via commercial websites (e.g., blogs, Reddit, Craigslist, coupon websites, Wikipedia); use paid social media, paid searches, or any other paid advertising to distribute individualized referral links; send individualized referral links to any deals, coupon, bonus, or rewards email distribution lists; spam anyone with referral invitations, including mass emailing, texting, or messaging individuals that the Referring Users do not know; or use automated systems, bots, or programmed scripts to distribute, post, or share individualized referral links.
Personal Capital is not responsible for incorrect entries of information, failure to use a Referring User’s individualized referral link, or any other failure on the part of Referred Friends to meet the standards for qualifying for User Incentives. Using an ad blocker may adversely affect Personal Capital’s ability to determine account eligibility for the Referral Program. Final determination of eligibility for promotions offered by the Referral Program will be at the sole discretion of Personal Capital.
Individuals who participate in Personal Capital’s Affiliate Program may not participate in the Referral Program.
Personal Capital reserves the right to terminate any promotions associated with the Referral Program at any time and to refuse or recover any User Incentive if Personal Capital determines that the User Incentives were obtained under wrongful or fraudulent circumstances, that inaccurate or incomplete information was provided by the Referred Friend in opening an account with the Dashboard, that any rules or regulations have been or would be violated, or that any Terms of Use have been violated. Personal Capital reserves the right to review and investigate referral activities and suspend user accounts or modify referrals at Personal Capital’s sole discretion.
Personal Capital may update the terms of the Referral Program at any time without prior notice. If Personal Capital modifies the terms of the Referral Program, it will post the modification on Personal Capital’s website, which will become effective upon posting. Continued participation in the Referral Program after any modification will constitute consent to such modification.
More information on Personal Capital Cash, including terms and disclosures, can be found here.
28. Assignment
You may not delegate, transfer or assign the terms and conditions or any of your rights and obligations under this Agreement (by operation of law or otherwise) without our prior written consent, and any prohibited assignment will be null and void. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries.
This Agreement and any consents or approvals provided herein shall be applicable to all successors and assigns of Personal Capital.
29. Entire Agreement
The Agreement, including the separate Privacy Policy and any other documents referred to herein, represents the entire understanding between both you and us regarding the Services (as defined herein) and the subject matter hereof and supersedes any prior statements or representations. In the event of a conflict between the terms of this Agreement and the terms of an exhibit, amendment, schedule, addendum or disclosure, the terms of the exhibit, amendment, schedule, addendum or disclosure shall prevail, but solely as to the subject matter therein.
Personal Capital Full Disclosures
Last updated on July 12, 2021
RIA Disclosure
Advisory services are offered for a fee by Personal Capital Advisors Corporation, a wholly owned subsidiary of Personal Capital Corporation. Personal Capital Advisors Corporation is a registered investment advisor with the Securities and Exchange Commission ("SEC"). SEC registration does not imply a certain level of skill or training. Investing involves risk. Past performance is not a guarantee or indicative of future returns. The value of your investment will fluctuate, and you may gain or lose money.
General Disclosures
This website ("Site") is operated and maintained by Personal Capital Corporation ("Personal Capital"). Nothing on this Site should be construed as a solicitation or offer, or recommendation, to buy or sell any security. Advisory services are offered for a fee by Personal Capital Advisors Corporation, a wholly owned subsidiary of Personal Capital Corporation. Personal Capital Advisors Corporation is a registered investment advisor with the Securities and Exchange Commission (“SEC”). SEC registration does not imply a certain level of skill or training. Financial advisory services are only provided to investors who become Personal Capital Advisors Corporation Clients ("Clients") pursuant to a written Client Account Agreement, which investors are urged to read and carefully consider in determining whether such an agreement is suitable for their individual facts and circumstances. Investing involves risk. Past performance is not a guarantee or indicative of future returns. The value of your investment will fluctuate, and you may gain or lose money. All charts, figures, and graphs are for illustrative purposes only. There can be no assurance that a hypothetical, or actual performance shown on the Site, will lead to the expected results shown or perform in any predictable manner. Individuals featured on this Site or portrayed in Personal Capital ads are not actual clients of Personal Capital Advisors Corporation.
Performance Disclosures
Each comparative benchmark is a mix of total return for a portfolio of exchange traded funds intended to represent a blend of five major asset classes: US Equities, International Equities, US Bonds, International Bonds and Alternatives. Asset allocations of the comparative benchmarks are similar to respective Personal Strategies and serve as a reasonable benchmark for a basic long-term diversified approach with a similar risk level. All Personal Strategy returns are net of fees. The respective blended benchmark allocations, individual strategy assignment, and associated rebalancing are characteristics of a professionally managed portfolio. As such, a hypothetical quarterly fee of 0.2075% was deducted from all comparative benchmark returns except those used for Tactical America, which is a single asset class. This represents the average fee of all Clients at the time it was calculated in June 2017.
- Representative Benchmark: 57.3% US Equities (VTI), 28.7% International Equities (VEU), 3.4% US Bonds (AGG), 0.6% International Bonds (IGOV), 10.0% Alternatives (equal split VNQ/IAU/DBC) [Inception Date 9/30/2011]
- Representative Benchmark: 50.0% US Equities (VTI), 25.0% International Equities (VEU), 12.7% US Bonds (AGG), 2.3% International Bonds (IGOV), 10.0% Alternatives (equal split VNQ/IAU/DBC) [Inception Date 9/30/2011]
- Representative Benchmark: 41.7% US Equities (VTI), 20.8% International Equities (VEU), 23.4% US Bonds (AGG), 4.1% International Bonds (IGOV), 10.0% Alternatives (equal split VNQ/IAU/DBC) [Inception Date 12/31/2011]
- Representative Benchmark: 33.3% US Equities (VTI), 16.7% International Equities (VEU), 34.0% US Bonds (AGG), 6.0% International Bonds (IGOV), 10.0% Alternatives (equal split VNQ/IAU/DBC) [Inception Date 12/31/2011]
- Representative Benchmark: 26.7% US Equities (VTI), 13.3% International Equities (VEU), 42.5% US Bonds (AGG), 7.5% International Bonds (IGOV), 10.0% Alternatives (equal split VNQ/IAU/DBC) [Inception Date 12/31/2011]
- Representative Benchmark: 100.0% US Equities (VTI) [Inception Date 9/30/2011]
VTI - Vanguard Total Stock Market ETF - The investment seeks to track the performance of a benchmark index that measures the capitalization weighted investment return of the overall US stock market.
VEU - Vanguard FTSE All-World ex-US ETF - The investment seeks to track the performance of the FTSE All-World ex US Index, which measures the investment return of stocks of companies located in developed and emerging markets outside of the United States.
AGG - iShares Core U.S. Aggregate Bond ETF - The Fund seeks investment results that correspond generally to the price and yield performance of the total United States investment grade bond market as defined by the Barclays Capital U.S. Aggregate Bond Index.
IGOV - iShares S&P/Citigroup Intl Trsry Bond - The Fund seeks investment results that correspond to the price and yield performance, of the S&P/Citigroup International Treasury Bond Index Ex US (the Index).
VNQ – Vanguard REIT - The fund employs an indexing investment approach designed to track the performance of the MSCI U.S. REIT Index.
IAU – iShares Gold Trust – The trust seeks to reflect generally the performance of the price of gold.
DBC – Powershares DB Commodity Index Tracking Fund - The Fund is based on the DBIQ Optimum Yield Diversified Commodity Index Excess Return Index. The Fund invests in sectors, such as light sweet crude oil (WTI), heating oil, natural gas, Brent crude, gold, silver, aluminum, zinc, copper grade A, corn, wheat, soybeans and sugar.
SPY – SPDR S&P 500 ETF Trust - The investment seeks to track the price and yield performance of the S&P 500 Index. The S&P 500 is composed of 500 selected stocks and captures roughly 80% of available U.S. market capitalization.
For each composite personal strategy, quarterly and annual figures for 2012 were calculated as an average of actual client portfolio returns within those respective strategies. Only accounts trading for the full calendar year were included. For Q4, 2011, only accounts trading for the full quarter were included. For both composite personal strategies and comparative benchmarks, full year, year to date, and since inception returns are derived by linking respective quarterly returns. Past performance is not a guarantee of future return, nor is it necessarily indicative of future performance. All investments involve risk, including the potential for loss of principal. Performance is shown net of fees and reflects the reinvestment of interest and dividends. Personal Strategies generally employ investments in an array of individual securities and ETFs representing domestic equities, international equities fixed income and alternative investments such as real estate and commodities. ETF-only strategies were not considered in performance calculations. Accounts in the composite are billed on a tiered fee schedule and larger accounts generally pay a lower overall fee rate than other accounts. Prior to 2019, accounts with greater than ten percent individual custom restrictions resulting in greater than two percent difference in performance results were not included in composites. Post 2019, all portfolios deviating more than two percent from the median composite return, in either direction, were excluded. Individual account performance will vary depending upon the amount of assets under management and the timing of any additions and withdrawals and may be higher or lower than the performance depicted. Performance for employee and other affiliated accounts has been recalculated to reflect full, standard fee schedules.
Blog & Third Party Disclosures
Personal Capital’s blog on this Site is for informational purposes only and does not constitute a recommendation to buy or sell securities. You should not rely on this information as the primary basis of your investment, financial, or tax planning decisions. You should consult your legal or tax professional regarding your specific situation. Certain sections of this commentary may contain forward-looking statements that are based on our reasonable expectations, estimates, projections, ,and assumptions. Forward-looking statements are not guarantees of future performance and involve certain risks and uncertainties, which are difficult to predict.
This Site may contain links to other third-party websites, including links to the websites of companies that provide related information, products, and services. These external links are provided solely for the convenience of visitors to this Site, and the inclusion of such links does not necessarily imply an affiliation, sponsorship, or endorsement of those links. Personal Capital does not endorse, approve, certify, or control these external Internet addresses and cannot guarantee or assume responsibility for the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. The performance and composite information shown on this Site uses or includes information obtained from third-party sources. Third-party data is obtained from sources believed to be reliable but Personal Capital cannot guarantee the accuracy, timeliness, completeness, or fitness of any third-party data.
Investment Checkup Disclosures
The Investment Checkup is intended to provide insight based on the accounts you have aggregated on the Personal Capital dashboard and other information you have provided. Because there is no way to know all information about your finances or your personal situation, comments or analyses may be incomplete or inaccurate. All insight provided represents a courtesy extended to you for educational purpose and you should not rely on this information as the primary basis of your investment, financial, or tax planning decisions. You should consult your legal or tax professional regarding your specific situation.
Comparative analysis, including Monte Carlo analysis, is intended to illustrate hypothetical performance of various allocation strategies based on a long-term historical asset class performance and is not meant to imply actual performance or results.
Much of the analysis does not include taxes or fees, which can have a material impact. It is not possible to invest directly in an index without incurring expenses, which will lower the actual return.
Investment Checkup includes content supplied by companies that are not affiliated with Personal Capital. Please refer to Investment Check FAQ for additional information, including data sources.
Retirement Fee Analyzer Calculations Disclosure
There are many elements to retirement fees, some are more clearly disclosed than others. The key components to the costs associated with retirement accounts are:
- The fees for the funds that you are invested in. These are indicated in the expense ratio column and are based on the fees as disclosed by the fund providers.
- Plan administrative and advice fees. These are the fees that are passed on to you from the plan administrator and cover record keeping and advice. They can range from 0% in very large plans, to over 1% in plans for smaller companies. We provide a slider that you can move to represent the fees charged by your plan administrator. You can change this number to match your plan administrative and advice fee. For 401k’s, this data should be available in the recently required disclosure statement or from your company's benefits administrator.
- Unpublished fund fee data. Specialty funds sometimes charge fees that can range from 0.5% to over 3% and are not plainly disclosed. For 401k’s, this data should be available in the recently required 401k disclosures statement and on your plan administrator’s website. We allow you to set the fund fees for the group of funds for which there is no publicly available data.
We use your current age and selected investment account balances as a starting point for estimating the impact of fees on your retirement goals. We factor in the typical retirement age, expected future contributions (employee and employer), an estimate of inflation and return on investment based on historical trends, matching or supplemental contributions from your company and spouse, and lastly fund, administrative and advice fees, some of which are based on specific funds you currently own in your account(s). From this data we calculate your estimated total retirement contributions, earnings, and the effect of fees on your total return over time and present this information graphically so you can easily see what you would have in retirement before and after fees. The information provided is for informational purposes only and is based on certain assumptions and historical data. No guarantee is made with respect to performance. You may wish to seek the advice of a professional in planning your retirement.
Retirement Planner Disclosures
The calculations in the Retirement Planner are based solely on information provided by the user, data based on the accounts that users have aggregated on the Personal Capital dashboard, historical market returns, and the assumptions shown or selected. Because there is no way to know all information about your finances or your personal situation, analysis may be incomplete or inaccurate. All insight provided represents a courtesy extended to you for illustrative purposes only and you should not rely on this information as the primary basis of your investment, financial, or tax planning decisions. No representations, warranties, or guarantees are made as to the accuracy of any estimates or calculations. Personal Capital is not liable for any damages or costs of any type arising out of or in any way connected with your use of this calculator. The information provided in Retirement Planner does not serve, either directly or indirectly, as legal, financial, or tax advice and you should always consult a qualified professional legal, financial, and tax advisor for your specific situation.
Calculation Assumptions
This Retirement Planner tool is intended to provide a basic sense of how your portfolio may grow and support your stated spending goals. It also gives you an easy way to see how adjustments to the most important variables (saving rate, spending rate and retirement age) can impact you. All results are presented in today’s dollars, inflation adjusted at 3.5%, unless changed by the user. Projections utilize Monte Carlo simulation, with the median scenario and 10% worst cash scenarios highlighted. The portfolio survival percentage represents the percent of the simulations which ended at age 92 or the selected life expectancy age, with a balance above $0. Growth and volatility assumptions are based on historical asset class returns and correlations using the users’ aggregated asset allocation or a moderate, well-diversified asset allocation with 8.4% annual return and 11.4% standard deviation of return, if not available.
Data sources: Ibbotson Associates, MSCI, Standard & Poor’s, World Gold Council, BP.com, US Energy Information Administration, Robert Shiller Online, MIT Center For Real Estate, Yahoo Finance. Calculations are based on the long-term historical performance of asset class proxies: S&P 500, MSCI EAFE until 2000 and MSCI ACWI ex-US post 2000, 10 Year U.S. Treasuries, 10 Year Foreign Government Bonds, and 30 Day T-Bills. Alternative asset class represented by a hypothetical index of 50% real estate and a 50% gold/oil combination. Portfolio standard deviation, correlation, and expected returns are based on average annual performance included in source data: domestic equities since 1926, international equities since 1970, domestic and international fixed since 1926, alternatives since 1970 and cash since 1926.
Returns do not account for fees or trading costs. It is not possible to invest directly in an index. We chose a default inflation number higher than current levels to help account for low current interest rates which may lead to lower future investment returns, as well as the impact of fees. For simplicity, we assume no taxes on portfolio growth, but tax all portfolio withdrawals (spending above income) at 20% unless edited by the user. While not precise, we believe this is an effective way to roughly approximate the impact of taxes regardless of the composition of assets in taxable or tax-deferred retirement accounts.
Fee and Account Disclosures
Recommendations and fees may vary for each Client. Advisory fees are calculated based upon the amount of assets being managed (as detailed further in Personal Capital Advisors Corporation’s Form ADV Part 2).
Personal Capital Advisors Corporation does not make any representations regarding the execution quality of orders placed with our brokerage partner. However, Personal Capital Advisors Corporation does monitor the execution quality of transactions to ensure that Clients receive the best overall trade execution pursuant to regulatory requirements.
Tax and Tax-loss Harvesting Disclosures
Personal Capital Advisors Corporation does not represent in any manner that the tax consequences described as part of its tax-loss harvesting activities will be achieved or that Personal Capital Advisors Corporation's tax-loss harvesting activities will result in any particular tax consequence. The tax consequences of the tax-loss harvesting activities that Personal Capital Advisors Corporation may pursue are complex and uncertain and may be challenged by the IRS. The information with regard to this activity was not prepared to be used, and it cannot be used, by any Client to avoid penalties or interest.
Clients should confer with their personal tax advisors regarding the tax consequences of investing with Personal Capital Advisor Corporation and engaging in the tax-loss harvesting activity, based on their particular circumstances. Clients and their personal tax advisors are responsible for how the transactions conducted in an account are reported to the IRS or any other taxing authority on the Client’s personal tax returns. Personal Capital Advisors Corporation assumes no responsibility for the tax consequences to any Client of any transaction. We are not tax professionals. Clients should consult qualified legal or tax professionals, such as tax attorneys or CPAs, regarding their specific situation.
Trademarks
Personal Capital, the Personal Capital logo, and other marks are registered trademarks and servicemarks of Personal Capital Corporation. Other third-party marks displayed are trademarks of their respective owners, and the use of such trademarks does not imply an association with those third-parties or an endorsement of any third-party goods or services.
Financial Heroes
All Financial Heroes are paid spokespeople and are not wealth management clients of PCAC and do not make any endorsements or recommendations about securities offerings or investment strategy.
Personal Capital Advisors Corporation ("PCAC") compensates ("Company") for new leads. ("Company") is not an investment client of PCAC.
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Advisory services are offered for a fee by PCAC, a wholly owned subsidiary of PCC, an Empower company. PCAC is a registered investment adviser with the Securities Exchange Commission ("SEC"). SEC registration does not imply a certain level of skill or training. Past performance is not a guarantee of future return. Investing involves risk. Personal Capital and the Personal Capital logo are trademarks of PCC. All other trademarks, trade names, or service marks used or mentioned belong to their respective owners.