Privacy & Terms
We last updated this policy on September 13th, 2022
(Effective January 1, 2022, revised September 13, 2022)
IMPORTANT NOTICE: Bespoke is not a law firm and we do not provide services that constitute the practice of law. As a result, although communications among us are confidential, they are not protected by attorney-client privilege.
Information We Collect
Bespoke collects, stores, and uses information from and about our clients to help us deliver services to our clients, to offer new products or services to our clients, and to fulfill legal and regulatory requirements. We collect information about our clients from the following sources:
- Information provided directly from our clients or from financial, tax, legal, or other advisors on our clients’ behalf. This information may include sensitive business or estate planning agreements, financial records, personal financial statements, and other private information.
- Information provided to us, to our affiliates, or to our staff on account applications and related forms required to fulfill Know Your Customer (KYC) processes.
- Other information disclosed to Bespoke by third parties we interact with on behalf of our clients.
- Information regarding clients’ transaction histories (such as products or services purchased, account balances, trading history, and payment history), as well as information provided by custodial companies, service companies, financial institutions, employers, and consumer reporting agencies (potentially including transactions or credit relationships with unaffiliated third parties), or from available blockchain records.
- Information on your business activity. While it may not constitute personal information, we often collect data regarding our clients’ business interests, which may include values, the identity of associated parties, financial account balances, transaction history, and other business-related data. We understand your business-related data is sensitive (and in some cases, confidential). As such, we do not access, use, or disclose client business-related data except as set forth in the Sharing Information section on this Policy.
All information, whether or not in writing, concerning a client’s business, investment holdings, financial affairs, business or other relationships, and/or personal information that has not been previously released to the general public and all tangible embodiments of such information (referred to generally as “Confidential Information”) are the exclusive property of the client. Confidential Information includes, without limitation and for purposes of illustration, material that has not been made generally available to the public, such as:
- Demographic information concerning the client or any member of the client’s family;
- Financial information, including investment positions, assets, cost and performance data, account information and values, debt arrangements, equity structures, investors and holdings, profit & loss reports, tax returns and supporting tax return information, and similar financial information;
- Corporate information, including partnership or operating agreements, bylaws, minutes or similar records of discussions and decisions, investment positions, subscription agreements, strategies, methods, policies, resolutions, negotiations, market analyses or projections, and/or litigation; and
- Operational information, including governing documents of business entities in which the client has an equity or beneficial interest that the client or a third party has disclosed to Bespoke.
Confidential Information also includes information received in confidence from the client, from one or more members of the client’s family, and from other third parties.
Pursuant to federal law, we may not disclose a client’s Confidential Information without the client’s prior consent, unless the disclosure is needed to:
- Provide services requested by the client, including, but not limited to:
- clearing, transferring, confirming, or reconciling transactions in client accounts; and
- providing statements or other records regarding the status or value of the client’s account(s);
- Communicate to the client regarding our products and services, as well as those offered pursuant to joint agreements with our affiliates or non-affiliated third parties, so long as all parties offering the products or services have agreed in writing to protect the confidentiality of the client’s information and to not use it for any other purpose;
- Enforce our rights, including the collection of any fees or other payments due;
- Comply with mandatory disclosures to regulatory or law enforcement organizations;
- Respond to a subpoena or discovery request;
- Provide disclosures as otherwise required by law.
We may provide such information to Bespoke’s affiliates and/or unaffiliated financial or non-financial services providers (such as insurance companies, mutual fund companies, banks, investment firms, third-party administrators, clearing firms, and other third parties who assist us in providing services to the client.
We will never sell, share, or disclose your Confidential Information to third-party marketing companies.
Clients may request that their data be removed from our systems and / or that we not disclose their Confidential Information for any reason – other than as set forth above.
To request that we remove your data and / or not disclose your information for any purpose (other than those covered under the exceptions listed under “Sharing Information,” above), please contact us by email at [email protected]. If we do not receive such a request from you within thirty (30) days of you opening an account, contracting for services, or receiving an updated privacy notice, we have the right to assume you do not object to the disclosure of your information if required by federal law until you notify us to the contrary. (Please note that the laws of certain states may impose additional restrictions upon the disclosure of clients’ Confidential Information.) We will promptly remove as much Confidential Information as is feasible, while maintaining our ability to comply with applicable insurance, regulatory, or legal requirements.
We may, in our discretion, retain various reports, schematics, analyses, summaries, descriptions, illustrations, or similar works we create using a client’s Confidential Information as part of the normal course of maintaining our business records. Such works will only be used for our internal business purposes and will not be disclosed to or shared with third parties except as described under the section titled “Sharing Information,” above.
Bespoke recognizes the need to prevent unauthorized access to the information we collect, including information held in electronic format. Bespoke authorizes access to your Confidential Information only to personnel who need that information to serve you. We maintain physical, electronic, and procedural safeguards regarding your Confidential Information to ensure that we comply with our own policy, standard industry practices, and applicable federal and state regulations. All physical documents containing client Confidential Information remain secured in locked storage when not in use, and all offices are locked when unoccupied. Electronic records are stored in end-to-end encrypted file storage and electronic communications take place either over password-encrypted networks or over encrypted VPN connections.
If you decide to close your account(s) or become an inactive client, we will continue to adhere to the privacy policies and practices regarding your information as described in this notice.
General: Please read the following terms and conditions (“Terms”). They govern your use of the www.BespokeGroup.io website, the Bespoke app, and any other Bespoke digital app, and the website’s and apps’ associated services, including email newsletters, associated content distribution platforms, and public Bespoke Group LLC and its affiliates’ online social media accounts (collectively, the “Services”). Collectively, Bespoke Group LLC and its affiliates are referred to herein as “Bespoke,” or as “we” or “us.”
By using the Services, you agree to be bound by these Terms. We may update these Terms from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise. If you use the Services after any changes to the Terms have been posted, that means you agree to all of the changes. We suggest that you review these Terms periodically for changes.
Except as otherwise noted on the Services, all content and material on the Services — including information, photos, podcasts, blog posts, audio content, videos, graphics/charts, images, icons, code, design, and overall appearance — are the property of Bespoke and should not be used, modified, or reproduced without our prior written consent. All trademarks, trade names, and logos displayed on the Services are the property of Bespoke, its affiliates, or their respective third-party owners, and the Services grant you no license to them.
“Bespoke” is a pending trademark in the United States and may not be used without the prior written permission of Bespoke.
We reserve all rights to remove or otherwise modify any content in the Services. You may not use any of the Services in any manner that violates any applicable state, federal, or foreign law. You may not interfere with or attempt to interfere with the working or functionality of any of the Services.
Bespoke Advisory is an investment adviser registered with the Securities and Exchange Commission. The Services are intended solely to provide general information about Bespoke, its services to clients, and its people, as well as providing portfolio and account information to existing clients. Nothing in the Services is directed at nor should be relied upon by any investors or prospective investors in any vehicle managed by Bespoke, or services provided by Bespoke.
Bespoke does not intend to solicit or make its investment advisory services available to the general public. Under no circumstances should any information provided in the Services be considered as an offer soliciting the purchase or sale of any security or interest in any pooled investment vehicle sponsored, discussed, or mentioned by Bespoke nor should it be construed as an offer to provide investment advisory services. Such offers or solicitations will be made separately and only by means of the confidential mandate agreements which should be read in their entirety, and only to those who, among other requirements, meet certain qualifications under applicable securities laws.
Such investors, defined as accredited investors and qualified purchasers, are generally deemed to be capable of evaluating the merits and risks of prospective investments and financial matters. There can be no assurances that Bespoke’s investment objectives will be achieved or investment strategies will be successful.
Any investment managed by Bespoke involves a high degree of risk including the risk that the entire amount invested is lost. Any opinions expressed in the Services reflect Bespoke’s views or those of individual posters, and are subject to change. Certain information contained in the Services has been obtained from third-party sources. While taken from sources believed to be reliable, Bespoke has not independently verified such information and makes no representations about the enduring accuracy of the information or its appropriateness for a given situation. The discussions and opinions expressed herein are not intended to provide investment, accounting, tax, or legal advice. Nothing in the Services is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.
The content of the www.BespokeGroup.io website, the Bespoke digital app, and the other Services are presented on an “as is” basis with no warranties, express or implied, of any kind with respect to the Services. Bespoke does not warrant that the website, digital app, or any other of the Services will be error free, the defects will be corrected, or free from viruses or other harmful components.
Bespoke does not warrant that the content on the website, Bespoke digital app, or any other of the Services will be accurate or reliable. By accessing the Services, you assume full responsibility for any consequences.
Certain statements that individual personnel make may constitute “forward-looking statements” under the Privacy Securities Litigation Reform Act of 1995. To the extent any information herein constitutes forward-looking statements (which can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “plan,” “seek,” “anticipation,” “upside,” “potential,” “project,” “estimate,” “intend,” “forecast,” “target” or “believe” or comparable terminology), please note that, due to various risks and uncertainties, actual events, results, or performance may differ materially from those reflected or contemplated in such statements.
Forward-looking statements are not guarantees and involve risks, uncertainties, and assumptions. Bespoke expressly disclaims any obligation to update any forward-looking statement in the event it later turns out to be inaccurate — whether as a result of new information, future events, or otherwise. Any projections, estimates, forecasts, targets, prospects and/or opinions expressed in these materials are subject to change without notice and may differ or be contrary to opinions expressed by others. Past results of Bespoke’s investments, or investment strategies are not necessarily indicative of future results.
Registration with the SEC does not imply a certain level of skill or training. Additional important information about Bespoke, including the Form ADV Part 2A Brochure of Bespoke Advisory LLC, is available at the SEC’s website, http://www.adviserinfo.sec.gov.
Third-Party Websites: The Services may link to or integrate with other websites operated or content provided by third parties, and such other websites may link to the www.BespokeGroup.io website and the Bespoke digital app. Bespoke has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such link does not constitute an endorsement of such websites, the content of the websites, or the operators of the websites. Bespoke is providing these links to you only as a convenience. You release and hold Bespoke harmless from any and all liability arising from your use of any third-party website or service.
You are responsible for all information, content, and materials you contribute, disclose, or share in any manner on or through the Services and you represent and warrant you have all rights necessary to do so. You are responsible for all your activity in connection with the Services. Nothing on the Services constitutes professional or financial advice of any kind (including business, employment, investment advisory, accounting, tax, and/or legal advice).
Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance. Nothing on the Services constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied upon in connection with, any contract or commitment whatsoever.
You acknowledge and agree that neither Bespoke nor any other person (including, without limitation, any affiliate of Bespoke) is in any way obligated to invest in any business you are associated with or offer you to invest in any Bespoke entity or affiliate.
THE SERVICES AND THE INFORMATION CONTAINED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER BESPOKE NOR ANY OF ITS AFFILIATES IS PROVIDING ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICES. BESPOKE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BESPOKE AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY INTERRUPTIONS, LIMITATIONS, DELAYS, OMISSIONS, ERRORS, VIRUSES, DEFECTS, HARMFUL ELEMENTS, INABILITY TO ACCESS, OR OTHER PROBLEMS ON OR WITHIN THE SERVICES INCLUDING THOSE ARISING OUT OF YOUR USE OF THE SERVICES. BESPOKE AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SERVICES AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.
To the fullest extent allowed by applicable law, under no circumstances and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise, will Bespoke or its affiliates be liable to you or any other person for (i) any amount in excess of $100 or (ii) any consequential, incidental, special, punitive, or exemplary damages, regardless of whether Bespoke or its affiliates have been apprised of the likelihood of such damages occurring.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Bespoke, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third-party using your account), and (b) your violation of these Terms.
You and Bespoke agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Bespoke and supersede all prior agreements and understandings relating to such subject matter. These Terms are governed by and will be construed under the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof. Any disputes relating to these Terms shall be resolved exclusively in the District Courts of Jefferson County, Colorado or Federal courts located in the City and County of Denver, Colorado.
These Terms are binding on you as well as your successors and permitted assigns. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.