TD Cowen Privacy Notice for California Residents
Privacy Notice for California Residents
Effective Date: April 20, 2023
This Notice does not apply to information about TD Cowen Companies’ current and former employees, independent contractors, interns, temporary workers, executives or non-executive directors or members of our board or similar body that are California residents that is collected in the context of such relationship; TD Cowen Companies’ personnel should see our California Personnel Privacy Notice for relevant information. In addition, products of our Kyber Data Science business may include limited personal information related to professional activities of health care providers who reside in California; therefore, Kyber Data Science supplies a Kyber Supplemental Privacy Notice for Certain California Residents that applies only to such personal information about that group of individuals, and this Notice does not apply to such personal information.
Cowen Inc. was recently acquired by The Toronto-Dominion Bank. Cowen Inc. and its subsidiaries prior to the acquisition are now indirect subsidiaries of The Toronto-Dominion Bank, continue to operate legacy Cowen businesses and references herein to “TD Cowen” are references to the Cowen legacy businesses. This privacy notice and the other privacy notices and policies referenced herein only apply to Cowen Inc. legacy businesses as stated therein and do not otherwise cover operations of the Toronto- Dominion Bank and its other subsidiaries.
Categories of Personal Information
We have collected the following categories of personal information in the preceding 12 months:
- Identifiers, such as name, postal address, email address and other contact details, Social Security number, identification number, identification documents such as passport, national identity card or driver’s license, unique personal identifier, online identifier, Internet Protocol address or other similar identifiers.
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as name, address, telephone number, signature, Social Security number, passport number, driver’s license or state identification card number, employment, employment history or bank account number.
- Protected classification characteristics under California or federal law, such as age (40 years or older), race, citizenship or sex.
- Commercial information, such as records of products, account balance, account transactions, source of wealth, assets and account history, risk tolerance or services obtained or considered.
- Internet or other electronic network activity, such as browsing history, search history or information on a consumer’s interaction with a website, application or advertisement.
- Geolocation data.
- Professional or employment-related information.
- Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
- Sensitive personal information, including information that reveals:
- social security, driver’s license, state identification card, or passport number;
- 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 (such as for access to client portals);
- health information (such as information related to COVID-19 risks for event attendees); and
- racial or ethnic origin, religious or philosophical beliefs, union membership or information concerning sex life or sexual orientation, where this information is provided in communications with us.
Categories of Sources
We collect personal information directly from you (e.g., from applications or other forms and questionnaires), indirectly from you (e.g., from observing your actions on the Sites) and from other sources, such as information from internet service providers, social media platforms, analytics providers, operating systems and platforms, credit bureaus and vendors supplying background checking services, commercially available sources, public records, our affiliates or other business partners.
Use and Disclosure for Business and Commercial Purposes
CATEGORIES OF THIRD PARTY RECIPIENTS
In the preceding 12 months, we have disclosed the categories of personal information listed above with our service providers, business partners and affiliates who are involved in providing our services or operating our business. In some instances, we may share your personal information with our clients, customers and other relationships with whom you have an existing or prospective business relationship (e.g., sharing contact information to facilitate scheduling meetings, or in connection with a conference or event).
“Sales” and “Sharing” of Personal Information
RETENTION OF PERSONAL INFORMATION
We will retain your personal information for as long as necessary to fulfil the purposes for which we collected it (as described above), including for the purposes of satisfying any legal, tax, accounting, or reporting requirements. To determine the appropriate retention period, we consider the nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process the personal information and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances, we may anonymize or deidentify your personal information so that it can no longer be associated with you, in which case we may retain and use such data without further notice to you to the extent permitted by law.
RIGHT TO KNOW & ACCESS
You have the right to request that we disclose the following information to you with respect to the preceding 12 months or a longer period as applicable under the California Requirements:
- the categories of personal information collected about you;
- the categories of sources from which the personal information is collected;
- the purposes for collecting personal information;
- the categories of third parties to which we disclose the personal information; and
- the specific pieces of personal information we collected about you.
Correction Request Rights
You have the right to request that we correct inaccurate personal information we maintain about you, taking into account the nature of the personal information and purpose for which it is processed. Once we receive and confirm your verifiable request, we will use commercially reasonable efforts to correct the requested personal information within our records as required by the California Requirements.
Deletion Request Rights
You have the right to request that we delete the personal information we collected about you, subject to certain exceptions provided by the California Requirements. Once we receive and confirm your verifiable request, we will delete the requested personal information from our records, unless an exception provided by the California Requirements applies. For example, we may retain personal information as required or permitted by law, and may maintain a copy of your deletion request.
Exercising Your Rights
To request to exercise the rights described above, please submit a verifiable consumer request to us by either calling us at 1-800-892-6818 or completing our request form. If you have any questions, please contact us using the information in the Contact Us section below. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We may elect not to carry out your requests under the right to know or access more than twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Please describe your request with sufficient detail for us to properly understand, evaluate and respond to it.
Requests from Authorized Agents
If you would like an authorized agent to submit a request under the California Requirements on your behalf or if you are an authorized agent of a consumer and registered with the Secretary of State to conduct business in California, please follow the instructions for requests from authorized agents as explained on our request form.
Right of Non-Discrimination
You have the right not to receive discriminatory treatment by us for exercising any of your rights under the California Requirements.
Reasonable Access for Consumers with Disabilities
Persons with disabilities may obtain this Notice in alternative format using the accessibility features on www.cowen.com or, after its launch, www.tdcowen.com where this Notice is posted.
Changes to this Notice
We reserve the right to amend this Notice at our discretion at any time. When we make changes to this Notice, we will post the updated Notice on the website and update the Effective Date. Your continued use of the Sites following the posting of changes constitutes your acceptance of such changes.
If you have any questions about the content of this Notice, please do not hesitate to contact us by completing our request form. Please see Exercising Your Rights section above for details on how to submit a rights request.