Privacy Policy

EFFECTIVE DATE:  March 21, 2012

Our Policy:
New York Private Bank & Trust, a division of Emigrant Bank, has created Private Office as a dedicated service for its clients. This Site is operated by Summitas and has been created to provide those who subscribe to our Site (each, a "Subscriber", also "you" and "your") with access to and use of the services offered by Summitas from time to time regarding wealth management, philanthropy and lifestyle issues (the "Services"). This Privacy Policy sets forth Summitas’ policy with respect to personally identifiable data ("Personal Data") and other information that is collected from Subscribers.

Safe Harbor:
Summitas, LLC ("Summitas", "we", "us" and/or "our") complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland.  Summitas has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view Summitas’ certification, please visit http://www.export.gov/safeharbor/. 

Information We Collect:
When Subscribers interact with us through the Site, we may collect Personal Data and other information, as further described below:

Personal Data That You Provide Through the Site: We collect Personal Data when a Subscriber voluntarily provides such information, such as when a Subscriber registers for the Site, contacts us with inquiries, responds to one of our surveys, or uses certain Services made available through the Site. Subscribers will be asked to provide their name, email address, phone number, postal address and payment information. Wherever Summitas collects Personal Data we make an effort to provide a link to this Privacy Policy.

Publicly Displayed Information: Subscribers supply their email address and must create a Login ID, Password, and public Display Name (used as an alias on the Site). The public Display Name is to protect Subscribers’ identities from other users of the Site. Notwithstanding the foregoing, Summitas is a subscription only website and therefore any Personal Data or Publicly Displayed information will only be available to paying subscribers and in accordance with this Privacy Policy Accordingly, Subscribers are advised to use a non-identifiable pseudonym as the Display Name. Summitas cannot and shall not be responsible for protecting the privacy and/or security of any Personal Data Subscribers choose to make publicly available through the Site, including, but not limited to, any information made available via the Display Name, the Site's messaging service, comments in blogs and forums, and/or through information shared in the digital office.

Digital Vault Storage: Subscribers will have access to a digital vault that may be used for storing various documents and other information as further described at www.summitas.com/info/security/nypbt ("Security and Privacy"). The Digital Vault is protected by encryption technology. When uploading documents to store in the Digital Vault, Subscribers are required to select one of the following options regarding the recovery of the passphrase used to protect access to the Digital Vault: (i) Summitas will store an encrypted version of the passphrase; and (ii) Summitas will auto-generate a passphrase so that the Subscriber never needs to do so.  In addition to selecting an option at the time of upload, Subscribers may also set a default encryption option by editing their profile in My Account. Of these available options for passphrase recovery, option (i) is the most secure. HOWEVER, PLEASE BE AWARE THAT YOU ARE RESPONSIBLE FOR THE OPTION YOU SELECT AND THE RESULTS OF THAT SELECTION. SUMMITAS SHALL NOT HAVE ANY RESPONSIBILITY FOR THE OPTION THAT YOU SELECT AND/OR THE RESULTS THEREOF. IF YOU OBTAIN A PASSPHRASE AND/OR LOGIN CREDENTIALS AND FAIL TO PROTECT THIS INFORMATION, SUMMITAS CANNOT AND WILL NOT BE LIABLE FOR ANY ACCESS TO YOUR DIGITAL VAULT BY A THIRD PARTY. IN ANY EVENT, SUMMITAS CANNOT AND WILL NOT BE LIABLE FOR ANY LOSSES AND/OR DAMAGES RELATED TO YOUR USE OF AND/OR INABILITY TO USE THE DIGITAL VAULT, INCLUDING, WITHOUT LIMITATION, YOUR INABILITY TO ACCESS AND RECOVER INFORMATION STORED IN THE DIGITAL VAULT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THESE TERMS.

Consent: By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to this Site, you acknowledge and agree that such Personal Data may be stored on servers operated by Summitas and the authorized third parties referred to herein located in the United States.

Other Information:

          Non-Identifiable Data: When you interact with Summitas through the Site, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Summitas may store such information itself or such information may be included in databases owned and maintained by Summitas affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our Subscriber’s Internet service providers. It is important to note that no Personal Data is available or used in this process.

          Cookies: In operating this Site, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Site without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site's features. While Summitas does not store any Personal Data within a cookie, the cookies do contain a session key which is used by the Summitas back-end application servers to authenticate a Subscriber’s identity and associate it with the Subscriber’s Personal Data, such as the Subscriber’s email address and any information provided by the Subscriber in the user profile under My Account.  Summitas uses session management cookies. These cookies do not collect or store any personal information about you and are deleted when a user logs off. They are used by our web applications to ensure continuity of data throughout your browsing session.

          Aggregated Personal Data: In an ongoing effort to better understand and serve our Subscribers, Summitas often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Summitas may share this aggregated data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Summitas may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

Our Use of Your Personal Data and Other Information: 
Summitas uses the Personal Data you provide in a manner that is consistent with this Privacy Policy and the disclosures and other notices posted on the Site. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For example, we will use your registration information to register you as a subscriber to the service.  In addition, we may use Personal Data as described below:

          Service Access Provision and Monitoring: We may use your Personal Data to provide you with access to and use of the Services and to monitor your use of the Services. 

          On-going Service Improvements: We may also use your Personal Data and other personally non-identifiable information collected through the Site to help us improve the content and functionality of the Site, to better understand our users and to improve the Services.

          User Communications and Requests: If you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem. We may use Personal Data provided to us to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

          Additional Uses: If we intend on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Our Disclosure of Your Personal Data and Other Information:

Summitas is not in the business of selling your Personal Data. Except as otherwise disclosed in this Privacy Policy, we do not share, sell, rent or trade Personal Data collected through the Site with third parties. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties as set forth below:

          Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of a business transfer as consistent with this Privacy Policy. You will be notified of any such change in ownership or control of your Personal Data via email or through the posting of a notice on the Site.

          Agents, Consultants and Related Third Parties: Summitas, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function and we will not grant them permission to use your Personal Data for their promotional purposes.

          Legal Requirements: We reserve the right to disclose your Personal Data as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Site.

Your Choices: 
You can use the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.

Exclusions:  
This Privacy Policy does not apply to any Personal Data collected by Summitas other than Personal Data collected through the Site. This Privacy Policy does not apply to documents, data and other information you elect to store in your Digital Vault. This Privacy Policy shall not apply to any unsolicited information you provide to Summitas through this Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as blogs and/or forums (collectively, "Public Areas"), any ideas or suggestions for new products or modifications to existing products, and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and Summitas shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution. 

Children:
The Summitas Site is not intended for use by any users under the age of 18. Summitas does not knowingly collect Personal Data from any individuals under the age of 18.  If you are under the age of 18, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on this Site without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Data to Summitas through this Site, please contact us, and we will endeavor to delete that information from our databases. 

Links to Other Web Sites: 
This Privacy Policy applies only to the Site. This Site may contain links to other web sites not operated or controlled by Summitas (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Site do not imply that Summitas endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.  

AdThis Feature: Our Site offers Subscribers the opportunity to use AdThis for certain Content.  When you use AdThis to bookmark and share Content from the Site, you will be taken to a Third Party Site.  The privacy policy of the applicable Third Party Site (and not this Privacy Policy) will govern the collection and use of Personal Data collected on that Third Party Site.  If you have any questions about the collection or use of your Personal Data when using the AdThis feature, please contact the operator of the applicable Third Party Site. 

Security:
Summitas takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from this Site may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to Summitas via the Internet. 

Information stored in Digital Vaults will be protected by encryption. In order to implement this feature, Summitas will provide Subscribers with a downloadable applet that works with the Subscriber’s web browser to encrypt and transmit documents that will be stored in the Digital Vault.  You are responsible for protecting the privacy and security of your passwords. Summitas cannot and will not be responsible for any losses and/or damages resulting from your failure to protect your passwords. 

The security of your Personal Data is important to us.  When you enter sensitive information (such as credit card number and/or social security number, National ID, personal health information) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).  To learn more about SSL, follow this link: http://www.rsa.com/rsalabs/node.asp?id=2293 

Data Retention 

Summitas retains information for as long as a user remains a customer and thereafter, for so long as Summitas deems such information commercially useful or legally required. 

Sharing of Information Using Mobile Devices 

When using a mobile device, information from our site may be shared with third party applications located on your mobile device.  If you decide to use third party applications on your mobile device, any information those applications collect may be sent to third parties and the Summitas privacy policy does not apply. However, third party applications may have their own privacy policies that you should review. 

Certain of our products and services allow you to interact and share your information with others. Please consider carefully before disclosing any personal information or data that might be accessible to others. 

Other Terms and Conditions:
Your access to and use of this Site is subject to the Terms of Use. 

Changes to Our Privacy Policy:
The Site and our business may change from time to time. As a result, at times it may be necessary for Summitas to make changes to this Privacy Policy. If we decide to change our policy, we will post those changes to this Privacy Policy and also post a notification on our Site alerting you that our Privacy Policy has been changed so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. 

We reserve the right to modify this Privacy Policy at any time, so please review it frequently.  If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. 

Updating/Accessing/Amending/Correcting/Deleting Personal Data: 
If your Personal Data changes, or if you no longer desire our service, you may log in to the Site and navigate to My Account, where you can access and utilize options for editing your profile and managing your account information.  If you want to stop using your account you may deactivate it or delete it. When you deactivate an account, no user will be able to see it.  When you delete an account, it is permanently deleted from Summitas; however, even after you remove information from your profile or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings or in accordance with the privacy policy, or it was copied or stored by other users.  You may also email us at info@summitas.com or contact us by telephone or postal mail at the contact information listed below. 

TRUSTe: 

Summitas has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information.  The TRUSTe program does not cover information that may be collected through mobile applications.   TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at info@summitas.com.  If you are not satisfied with our response you can contact TRUSTe here. 

Contacting Summitas:
Please also feel free to contact us if you have any questions about our Privacy Policy or the information practices of this Site.  You may contact us as follows: 

Summitas, LLC
335 Madison Avenue
Suite 1432
New York, New York  10017
info@summitas.com
Telephone: (877) 752-1717 

Last updated March 21, 2012