Last modified: June 13, 2023
Wingspan Legacy Partners LLC and its affiliated companies, including but not limited to Wingspan Wealth LLC (the “Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website wingspanlegacy.com (our “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
It does not apply to information collected by:
We collect several types of information from and about users of our Website, including information:
We collect this information:
Information You Provide to Us
The information we collect on or through our Website may include:
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically may include personal information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
The technologies we use for this automatic data collection may include:
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
We use information that we collect about you or that you provide to us, including any personal information:
We may disclose aggregated information about our users, without restriction.
We may also disclose your personal information:
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
You can review and change your personal information by logging into the Website and visiting your account profile page.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and other personal information will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
or via our toll-free number:
To register a complaint or concern, please email email@example.com.
WINGSPAN DATA PROTECTION POLICY FOR COMPLIANCE WITH EU GENERAL DATA PROTECTION REGULATION (“GDPR”)
This policy establishes an effective, accountable and transparent framework for ensuring compliance with the requirements of the GDPR.
This policy applies to all WINGSPAN employees and all third parties responsible for the processing of personal data on behalf of WINGSPAN and its affiliated entities.
3 POLICY STATEMENT
WINGSPAN is committed to conducting its business in accordance with all applicable data protection laws and regulations and in line with the highest standards of ethical conduct.
This policy sets forth the expected behaviors of WINGSPAN employees and third parties in relation to the collection, use, retention, transfer, disclosure and destruction of any personal data belonging to a WINGSPAN contact (i.e. the data subject).
Personal data is any information (including opinions and intentions) which relates to an identified or identifiable natural person. Personal data is subject to certain legal safeguards and other regulations, which impose restrictions on how organizations may process personal data. An organization that handles personal data and makes decisions about its use is known as a Data Controller. WINGSPAN, as a Data Controller, is responsible for ensuring compliance with the data protection requirements outlined in this policy. WINGSPAN, as a Data Processor is responsible for ensuring compliance with the requirements of the Data Controller and with the data protection requirements outlined in this policy.
WINGSPAN’s leadership is fully committed to ensuring continued and effective implementation of this policy and expects all WINGSPAN employees and third parties to share in this commitment. Any breach of this policy will be taken seriously and may result in disciplinary action or business sanction.
3.1.1. Data Protection Officer
To demonstrate our commitment to data protection, and to enhance the effectiveness of our compliance efforts, WINGSPAN has appointed a Data Protection Officer. The Data Protection Officer operates with independence and is supported by suitability skilled individuals granted all necessary authority. The Data Protection Officer works with and reports to the Data Privacy Team at WINGSPAN, made up of members of the Senior Management Team. The Data Protection Officer’s and the Data Privacy Team’s duties include:
Ensuring establishment of procedures and standard contractual provisions for obtaining compliance with this Policy by any third party who:
3.1.2. Data Protection by Design
To ensure that all data protection requirements are identified and addressed when designing new systems or processes or services and/or when reviewing or expanding existing systems or processes or services, each of them must go through an approval process before continuing. Each WINGSPAN service/entity must ensure that a Data Protection Impact Assessment (DPIA) is conducted, in cooperation with the Data Protection Officer, for all new and/or revised systems or processes for which it has responsibility. Where applicable, any third-party Information Technology (IT) contractors, as part of WINGSPAN’s IT system and application design review process, will cooperate with the Data Protection Officer to assess the impact of any new technology uses on the security of personal data.
3.1.3. Compliance Monitoring
To confirm that an adequate level of compliance that is being achieved by WINGSPAN in relation to this policy, the Data Protection Officer will carry out an annual data protection compliance audit for all such services/entities. Each audit will, as a minimum, assess:
3.2. Data Protection Principles
WINGSPAN has adopted the following principles to govern its collection, use, retention, transfer, disclosure and destruction of personal data:
Principle 1: Lawfulness, Fairness and Transparency. Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject. This means, WINGSPAN must tell the data subject what processing will occur (transparency), the processing must match the description given to the data subject (fairness), and it must be for one of the purposes specified in the applicable data protection regulation (lawfulness).
Principle 2: Purpose Limitation. Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes. This means WINGSPAN must specify exactly what the personal data collected will be used for and limit the processing of that personal data to only what is necessary to meet the specified purpose.
Principle 3: Data Minimisation. Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. This means WINGSPAN must not store any personal data beyond what is strictly required.
Principle 4: Accuracy. Personal data shall be accurate and, kept up to date. This means WINGSPAN must have in place processes for identifying and addressing out-of-date, incorrect and redundant personal data.
Principle 5: Storage Limitation. Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. This means WINGSPAN must, wherever possible, store personal data in a way that limits or prevents identification of the data subject.
Principle 6: Integrity & Confidentiality. Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing, and against accidental loss, destruction or damage. WINGSPAN must use appropriate technical and organizational measures to ensure the integrity and confidentiality of personal data is maintained at all times.
Principle 7: Accountability. The Data Controller shall be responsible for, and be able to demonstrate compliance. This means WINGSPAN must demonstrate that the six data protection principles (outlined above) are met for all personal data for which it is responsible.
3.3. Data collection
3.3.1. Data Sources
Personal data should be collected only from the data subject unless one of the following apply:
If personal data is collected from someone other than the data subject, the data subject must be informed of the collection unless one of the following apply:
Where it has been determined that notification to a data subject is required, notification should occur promptly, but in no case later than:
3.3.2. Data subject consent
Each WINGSPAN service/entity will obtain personal data only by lawful and fair means and, where appropriate with the knowledge and consent of the individual concerned. Where a need exists to request and receive the consent of an individual prior to the collection, use or disclosure of their personal data, WINGSPAN is committed to seeking such consent. The Data Protection Officer, in cooperation with other relevant business representatives, shall establish a system for obtaining and documenting data subject consent for the collection, processing, and/or transfer of their personal data.
3.3.3. Data subject Notification
Each WINGSPAN service/entity will, when required by applicable law or contract, or where it considers that it is reasonably appropriate to do so, provide data subjects with information as to the purpose of the processing of their personal data. When the data subject is asked to give consent to the processing of personal data and when any personal data is collected from the data subject, all appropriate disclosures will be made, in a manner that draws attention to them, unless one of the following apply:
3.3.4. External Privacy Notices
Each external website provided by WINGSPAN will include an online ‘Privacy Notice’ and an online ‘Cookie Notice’ fulfilling the requirements of applicable law.
3.4. Data Use
3.4.1. Data processing
WINGSPAN uses the personal data of its contacts for the following broad purposes:
The use of a contact’s information should always be considered from their perspective and whether the use will be within their expectations or if they are likely to object. For example, it would clearly be within a contact’s expectations that their details will be used by WINGSPAN to respond to a contact request for information about the products and services on offer. However, it will not be within their reasonable expectations that WINGSPAN would then provide their details to third parties for marketing purposes.
Each WINGSPAN service/entity will process personal data in accordance with all applicable laws and applicable contractual obligations. More specifically, WINGSPAN will not process personal data unless at least one of the following requirements are met:
There are some circumstances in which personal data may be further processed for purposes that go beyond the original purpose for which the personal data was collected. When making a determination as to the compatibility of the new reason for processing, guidance and approval must be obtained from the Data Protection Officer before any such processing may commence.
3.4.2. Special Categories of Data
WINGSPAN will only process special categories of data (also known as sensitive data) where the data subject expressly consents to such processing or where one of the following conditions apply:
In any situation where, special categories of data are to be processed, prior approval must be obtained from the Data Protection Officer, and the basis for the processing clearly recorded with the personal data in question. Where special categories of data are being processed, WINGSPAN will adopt additional protection measures.
3.4.3. Children’s Data
Children under the age of 14 are unable to consent to the processing of personal data for information society services (any service normally provided for payment, by electronic means and at the individual request of a recipient of services). Consent must be sought from the person who holds parental responsibility over the child. However, it should be noted that where processing is lawful under other grounds, consent need not be obtained from the child or the holder of parental responsibility.
3.4.4. Data Quality
Each WINGSPAN service/entity will adopt all necessary measures to ensure that the personal data it collects, and processes is complete and accurate in the first instance, and is updated to reflect the current situation of the data subject. The measures adopted by WINGSPAN to ensure data quality include:
3.4.5. Profiling & Automated Decision Making
WINGSPAN will only engage in profiling and automated decision-making where it is necessary to enter into, or to perform, a contract with the data subject or where it is authorised by law. Where an WINGSPAN service/entity utilises profiling and automated decision-making, this will be disclosed to the relevant data subjects. In such cases the data subject will be given the opportunity to:
Object to the automated decision-making being carried out. Each WINGSPAN service/entity must also ensure that all profiling and automated decision-making relating to a data subject is based on accurate data.
3.4.6. Digital Marketing
As a rule, WINGSPAN will not send promotional or direct marketing material to an WINGSPAN contact through digital channels such as mobile phones, email and the Internet, without first obtaining their consent. Any WINGSPAN service/entity wishing to carry out a digital marketing campaign without obtaining prior Consent from the data subject must first have it approved by the Data Protection Officer. Where personal data (e.g. case studies or photographs) processing is approved for digital marketing purposes, the data subject must be informed at the point of first contact that they have the right to object, at any stage, to having their data processed for such purposes. If the data subject puts forward an objection, digital marketing related processing of their personal data must cease immediately, and their details should be kept on a suppression list with a record of their opt-out decision, rather than being completely deleted. It should be noted that where digital marketing is carried out in a ‘business to business’ context, there is no legal requirement to obtain an indication of Consent to carry out digital marketing to individuals provided that they are given the opportunity to opt-out.
3.5. Data Retention
To ensure fair processing, personal data will not be retained by WINGSPAN for longer than necessary in relation to the purposes for which it was originally collected, or for which it was further processed. The length of time for which WINGSPAN services/entities need to retain personal data is set out in WINGSPAN’s ‘Data Retention Policy’. This considers the legal and contractual requirements, both minimum and maximum, that influence the retention periods set forth in the schedule. All personal data should be deleted or destroyed as soon as possible where it has been confirmed that there is no longer a need to retain it.
3.6. Data Protection
Each WINGSPAN service/entity will adopt physical, technical, and organizational measures to ensure the security of personal data. This includes the prevention of loss or damage, unauthorised alteration, access or processing, and other risks to which it may be exposed by virtue of human action or the physical or natural environment. A summary of the personal data related security measures is provided below:
3.7. Data subject Requests
The Data Protection Officer will establish a system to enable and facilitate the exercise of data subject rights related to:
If an individual makes a request relating to any of the rights listed above, WINGSPAN will consider each such request in accordance with all applicable data protection laws and regulations. No administration fee will be charged for considering and/or complying with such a request unless the request is deemed to be unnecessary or excessive in nature. data subjects are entitled to obtain, based upon a request made in writing/email to: firstname.lastname@example.org.
It should be noted that situations may arise where providing the information requested by a data subject would disclose personal data about another individual. In such cases, information must be redacted or withheld as may be necessary or appropriate to protect that person’s rights.
3.8. Law Enforcement Requests & Disclosures
In certain circumstances, it is permitted that personal data be shared without the knowledge or consent of a data subject. This is the case where the disclosure of the personal data is necessary for any of the following purposes:
If an WINGSPAN service/entity processes personal data for one of these purposes, then it may apply an exception to the processing rules outlined in this policy but only to the extent that not doing so would be likely to prejudice the case in question. If any WINGSPAN service/entity receives a request from a court or any regulatory or law enforcement authority for information relating to an WINGSPAN contact, you must immediately notify the Data Protection Officer who will provide comprehensive guidance and assistance.
3.9. Data Protection Training
All WINGSPAN employees that have access to personal data will have their responsibilities under this policy outlined to them as part of their staff induction training. In addition, each WINGSPAN service/entity will receive regular Data Protection training and procedural guidance.
3.10. Data Transfers
WINGSPAN services/entities may transfer personal data to internal or third-party recipients located in another country where that country is recognized as having an adequate level of legal protection for the rights and freedoms of the relevant data subjects. Where transfers need to be made to countries lacking an adequate level of legal protection (i.e. third countries), they must be made in compliance with an approved transfer mechanism. WINGSPAN services/entities may only transfer personal data where one of the transfer scenarios list below applies:
3.11. Complaints handling
Data subjects with a complaint about the processing of their personal data, should put forward the matter in writing to the Data Protection Officer. An investigation of the complaint will be carried out to the extent that is appropriate based on the merits of the specific case. The Data Protection Officer will inform the data subject of the progress and the outcome of the complaint within a reasonable period. If the issue cannot be resolved through consultation between the data subject and the Data Protection Officer, then the data subject may, at their option, seek redress through mediation, binding arbitration, litigation, or via complaint to the Data Protection Authority within the applicable jurisdiction.
3.12. Breach Reporting
Any individual who suspects that a personal data breach has occurred due to the theft or exposure of personal data must immediately notify the Data Protection Officer providing a description of what occurred. Notification of the incident can be made via e-mail, or by calling Wingspan. The Data Protection Officer will investigate all reported incidents to confirm whether or not a personal data breach has occurred. If a personal data breach is confirmed, the Data Protection Officer will follow the relevant WINGSPAN ‘Data Breach Notification Policy and Procedure’ based on the criticality and quantity of the personal data involved. For severe personal data breaches, WINGSPAN’s Data Privacy Team will initiate and chair an emergency response team to coordinate and manage the personal data breach response.
4 ROLES AND RESPONSIBILITIES
The senior management team and senior staff of each WINGSPAN service/entity must ensure that all WINGSPAN employees responsible for the processing of personal data are aware of and comply with the contents of this policy. In addition, each WINGSPAN service/entity will make sure all third parties engaged to process personal data on their behalf (i.e. their data processors) are aware of and comply with the contents of this policy. Assurance of such compliance must be obtained from all third parties, whether companies or individuals, prior to granting them access to personal data controlled by WINGSPAN.
4.2 Support, Advice and Communication
For advice and support in relation to this policy, please contact email@example.com.
This policy will be reviewed by the Data Protection Officer/Data Privacy Team every three years, unless there are any changes to regulations or legislation that would enable a review earlier.
6 RECORDS MANAGEMENT
Staff must maintain all records relevant to administering this policy and procedure in electronic form in a recognised WINGSPAN recordkeeping system.
All records relevant to administering this policy and procedure will be maintained for a period of 5 years.
7 TERMS AND DEFINITIONS
General Data Protection Regulation (GDPR): The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a regulation by which the European Parliament, the Council of the European Union and the European Commission intend to strengthen and unify data protection for all individuals within the European Union (EU). It also addresses the export of personal data outside the EU.
Data Controller: the entity that determines the purposes, conditions and means of the processing of personal data.
Data Processor: the entity that processes data on behalf of the Data Controller.
Data Protection Authority: national authorities tasked with the protection of data and privacy as well as monitoring and enforcement of the data protection regulations within the Union.
Data Protection Officer (DPO): an expert on data privacy who works independently to ensure that an entity is adhering to the policies and procedures set forth in the GDPR.
Data subject: a natural person whose personal data is processed by a controller or processor.
personal data: any information related to a natural person or ‘data subject’, that can be used to directly or indirectly identify the person.
Privacy Impact Assessment: a tool used to identify and reduce the privacy risks of entities by analysing the personal data that are processed and the policies in place to protect the data.
Processing: any operation performed on personal data, whether or not by automated means, including collection, use, recording, etc.
Profiling: any automated processing of personal data intended to evaluate, analyse, or predict data subject behaviour.
Regulation: a binding legislative act that must be applied in its entirety across the Union.
Subject Access Right: also known as the Right to Access, it entitles the data subject to have access to and information about the personal data that a controller has concerning them.
8 RELATED LEGISLATION AND DOCUMENTS