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Privacy Statement

This Privacy Statement describes how FGMK, LLC (collectively with its affiliates, “FGMK”, “us” or “our”) treats information that FGMK collects or receives from or about you through this website (“Website”), the Client Portal, defined below, and other websites, apps, and online locations (together with the Website, each a “Site”, collectively, the “Sites”), offline interactions and third parties.

  1. Acceptance of Privacy Statement
  2. Collection of your Information
  3. How your Information is Collected
  4. How FGMK Responds to “Do Not Track" Signals
  5. How FGMK Uses your Information
  6. How FGMK Shares your Information
  7. Communications with You
  8. Security of Your Personal Information
  9. Children
  10. Changes to this Privacy Statement
  11. Updating Your Information
  12. Your California Privacy Rights
  13. Contact Information
1. Acceptance of Privacy Statement

Each time you access, use or browse the Sites or interact with FGMK, you signify your acceptance of the then-current Privacy Statement. If you do not accept this Privacy Statement, please do not provide information to FGMK, access, use or browse the Sites, or interact with FGMK.

2. Collection of your Information

FGMK collects personally identifiable information such as non-public information about you that helps FGMK identify and interact with you and to provide you with services, including, without limitation, your e-mail address, first and last name, home and work address and telephone number, Skype username, employer’s name, information needed in connection with preparation of tax returns and performance of FGMK’s accounting, advisory, consulting, financial reporting and other offline services (e.g., social security number, FEIN, income information, revenue information, etc.), billing information, your password to access the client portal on the Website (“Client Portal”), and your activity while logged-in to the Client Portal such as the documents you upload, download and/or edit.

FGMK also may collect non-personally identifiable information (i.e., information that does not personally identify you as the individual to whom the information relates), such as information that is aggregated by FGMK or a third party, or information that is not linked to contact information or other personally identifiable information about you. This information may include anonymous or aggregated geographic and demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

FGMK automatically collects non-personally identifiable information about your computer or device hardware and software and your use of same. This information can include: your IP address, browser type, access times and referring website addresses, information about your use of the Sites, the device from which you access the Sites, usage statistics, browsing, search and navigational history when visiting the Sites and content you access or view when on the Sites, general geographic location such as the city from which your computer or device is connecting to the Internet, webpages requested and visited, timestamps, sites you visit prior to and after visiting the Sites, type of operating system you use on your computer (e.g., Microsoft Windows or Mac OS) or device (e.g., iOS or Android) to access the Sites, the type of browser you use (e.g., Firefox, Chrome, Internet Explorer, Safari), and the domain name of your internet service provider.

In the event that any of the non-personally identifiable information that FGMK collects about you is maintained, used or shared in a manner that associates it with your name, contact information or other personally identifiable information, it will be treated as personally identifiable information. FGMK may combine personally identifiable information collected through the Sites with information available from other sources (such as offline records or publicly available information). FGMK will treat the combined information as personally identifiable information.

If you are logged into the Client Portal or click on content or links in emails that you receive from FGMK, information such as what content you access, view, click on or search for on the Site or in the email, the devices from which you access such content and the length of time for which you view same, may become personally identifiable. In such an event, FGMK will treat such information as personally identifiable information.

You may have the opportunity to follow links on the Sites to other sites that may be of interest to you. FGMK encourages you to review the privacy statements of websites you choose to link to from FGMK so that you can understand how those websites collect, use and share your information. FGMK is not responsible for the privacy statements or other content on websites outside of the Sites. This Privacy Statement only applies to information collected and maintained by FGMK.

3. How your Information is Collected

FGMK may collect personally identifiable information about you during your online and offline interactions with FGMK and the Sites, such as when you:

  • Visit, browse or use the Sites;
  • Contact, communicate with or otherwise interact with FGMK personnel, whether in person, or by mail, telephone, email, text message, Skype, FaceTime, the Client Portal or other means;
  • Register for the Client Portal; and
  • Sign up for or participate in any events, promotions, sweepstakes, surveys, questionnaires, or other activities sponsored by FGMK or third parties, or offered in connection with the Sites (collectively, “Activities”).

FGMK automatically receives and records non-personally identifiable information on our server logs from your browser as well as through other analysis of the Sites.

FGMK also may collect information using cookies, web beacons, pixels, gifs, tags, browser web storage, application data caches or similar technologies (collectively, “Collection Technology”) or through third parties using Collection Technology. A cookie is a piece of code stored on your computer or device. When you visit the Sites, your web browser may store cookies on your computer or device, or your computer or device may be exposed to other Collection Technology which work independently or in conjunction with cookies. Collection Technology will help personalize your online experience, and better enable you to navigate the Sites upon an initial visit or return visit, and will collect certain information about you. You may have the ability to reject or delete cookies and you may use the Sites even if you choose to reject or delete the cookies. If you choose to reject or delete cookies, you may not be able to fully experience the interactive features of the Sites. Collection Technology also may be used by some of the other sites for which a link is placed on the Sites.

The Sites may use Google Analytics, a web analytics service provided by Google. Google Analytics uses cookies and other Collection Technology to collect and store anonymous information about you, which may include non-personally identifiable information. To learn more about how Google Analytics collects and processes data, please see http://www.google.com/policies/privacy/partners/. You can read Google Analytics’ Terms of Service at http://www.google.com/analytics/tos.html, and can opt-out from being tracked by Google Analytics in the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser at: http://tools.google.com/dlpage/gaoptout?hl=en.

FGMK also may acquire personally identifiable and non-personally identifiable information from publicly available sources, social media platforms, offline records, vendors, business partners, Activities partners and sponsors, merchants and other third parties and sources.

Non-personally identifiable information also may be obtained from inferences based upon the sites you visit, third party data, information you share on other sites and applications, or demographics derived from profiles or accounts that you create.

4. How FGMK Responds to “Do Not Track" Signals

FGMK does not alter the practices detailed herein based upon your selection of the “Do Not Track” setting or other “opt out” setting or feature that may be offered by your browser; however, FGMK reserves the right to do so in the future without notice to you.

5. How FGMK Uses your Information

FGMK uses the personally identifiable and non-personally identifiable information it collects to operate the Sites; to deliver to you the online and offline services you have requested, including, without limitation, the preparation and filing of your tax returns and the performance of FGMK’s accounting, advisory, consulting, and financial reporting services; to process and respond to your inquiries and requests; to inform you of other products or services available from FGMK and its affiliates and alert you to new developments, special events, or other Activities and to administer same; to personalize and send you announcements, promotions, and newsletters; to deliver customized content and advertising to you based on your past actions indicating interest in a particular subject area, for the purposes for which you provided the information; to administer and process payments; to monitor and analyze information and statistics regarding your browsing and viewing preferences and to diagnose problems with the Sites; to carry out internal operations and to analyze our users’ demographics and interests; for administration and improvement of the Sites and to enhance the user experience and FGMK’s services; to determine the popularity of FGMK services; to develop, deliver, and improve our services, content, and advertising; to send important notices, such as communications about events and other transactions on the Sites and changes to our terms, conditions, and policies; for fraud prevention, internal operations, legal compliance, and other public and security related purposes; and to enforce the Terms of Use or the End User License Agreement for the Client Portal. FGMK may also use non-personally identifiable information for any other purpose.

6. How FGMK Shares your Information

FGMK does not sell, rent or lease its customer lists to third parties. FGMK may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. If FGMK is filing a tax return on your behalf, FGMK will share certain of your personally identifiable information with the applicable governmental authority.

In addition, FGMK may share data and information that it collects with third parties including: (i) merchants and vendors engaged for the purpose of managing, administering or executing an Activity; (ii) to service providers who work on behalf of or with FGMK, including, without limitation, agents, vendors, advertisers, consultants, affiliates and trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries, or perform other functions; (iii) to confirm or update information provided by you; (iv) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of FGMK’s business or operations (including, without limitation, in connection with bankruptcy or any similar proceedings); (v) to its business partners and co-sponsors of Activities or partners for our internal purposes; and (vi) as otherwise authorized by you.

FGMK also may disclose your personally identifiable and non-personally identifiable information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on FGMK or the Sites such as a subpoena, legal order or other official request; (b) protect and defend the rights or property of FGMK; (c) to investigate, prevent or take action regarding suspected illegal activities, fraud, potential or actual threats, potential or actual violation of the End User License Agreement for the Client Portal or the Terms of Use; (d) to protect the personal safety of you, FGMK, users of FGMK’s services or the Sites, or other members of the public, and to exercise legal rights or defend claims in connection with the foregoing; and (e) as otherwise permitted or required by law.

Additionally, FGMK may take personally identifiable information and de-identify it and share it in a de-identified or aggregated form with third parties, advertisers and/or business partners to analyze the Sites’ usage or demographics, or improve our content or services, improve our user experience, or for similar purposes. FGMK will not re-identify such data and will ask our contracting parties to agree to keep the data in its de-identified form.

The Sites may also contain plugins for social media websites, such as LinkedIn. FGMK recommends reviewing the privacy policies with respect to the plugins for each of these websites, prior to clicking on such plugins.

7. Communications with You

You authorize FGMK to send you email, telephone you, text you or to communicate with you via the Client Portal, Skype, FaceTime or other means to respond to your communications, and to provide you information about new developments, special events, and other Activities or services. Where required by applicable law, FGMK will seek your prior written consent before doing so. Unsubscribe instructions will be included in each promotional email from FGMK. Please note that unsubscribe requests may take up to ten (10) business days to become effective. You may not opt out of receiving communications regarding your dealings with the Sites, transactions with FGMK or technical information about the Sites.

8. Security of Your Personal Information

FGMK uses reasonable security measures to secure your personally identifiable information from unauthorized access, use or disclosure. No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of FGMK to intercept or access transmissions or private communications unlawfully. While FGMK strives to protect personally identifiable information, neither FGMK nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. FGMK may process personally identifiable information on a server located outside the country where you live.

9. Children

The Sites are not directed toward children under 18 years of age nor does FGMK knowingly collect information from persons under 18. If you are under 18 years of age, you are not permitted to submit any personally identifiable information to FGMK. If you provide information to FGMK through the Sites, you represent that you are 18 years of age or older.

10. Changes to this Privacy Statement

FGMK may occasionally update this Privacy Statement from time to time. FGMK encourages you to periodically review this Privacy Statement to be informed of how FGMK is collecting, using, and protecting your information. Should the Privacy Statement be revised, FGMK will post the changes on the Website and the new Privacy Statement will be effective immediately upon posting. Your continued use of the Sites following these changes means that you accept such revisions. If FGMK makes any material changes to this Privacy Statement, FGMK will post the changes on the Website and notify you in the manner and to the extent required by law. You can determine when the Privacy Statement was last revised by referring to the “Last Revised” legend at the bottom of this page

11. Updating Your Information

You are responsible for keeping your information current and up-to-date. You may update your information by contacting us at fgmkportal@fgmk.com. FGMK will use reasonable efforts to process any change you make; provided, however, that requests to delete information are subject to FGMK’s internal reporting, processing and retention policies and all applicable legal obligations.

12. Your California Privacy Rights

If you are a California resident and have provided personally identifiable information to FGMK, you may be entitled by law to request certain information regarding disclosures of personally identifiable information that may have been made by FGMK to third parties for the third parties’ direct marketing purposes during the immediately preceding calendar year (“Disclosure Request”). To make such a Disclosure Request, please send an email to fgmkportal@fgmk.com. In the Disclosure Request, specify that you seek your “California Customer Choice Privacy Notice.” Please allow thirty (30) days for a response. FGMK is not required to respond to more than one Disclosure Request per customer each year, or to respond to requests made by means other than through the contact information designated above for such purposes.

13. Contact Information

FGMK welcomes your comments and questions regarding this Privacy Statement. If you have any questions or comments, please contact FGMK at fgmkportal@fgmk.com.

Last Revised: December 16, 2015