As used herein, the terms “you” and “user” shall mean any visitor to this site (this “Website”).
Forester may also collect and store Data voluntarily provided by you, the user, while visiting this Website. User-provided Data may include, but is not limited to, client login data, contact information, information related to the business you represent, information related to the financial information services you have requested. In each such instance, you will know what Data we collect through the Website, because you actively submit it to us.
Unless you also actively submit personal information, such as your name or address, passively tracked Data does not typically allow us to identify you personally.
Forester will not disclose your personal and/or proprietary Data to anyone except as follows: Forester may disclose Data to affiliates. We also share your Data with attorneys, administrators, agents and service providers, such as brokers, who use the Data, under confidentiality agreements, only for our purposes and under our instructions, e.g., third parties who provide us on-site web analytics services (for example, website tracking, content delivery, etc.). We may share your Data as required by law or in the interest of protecting or exercising our or others’ legal rights, e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings. We may share or transfer your Data in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business. Also, we reserve the right to fully use and disclose any Data collected via the Website that is not in personally identifiable form. If personal Data you have submitted through the Website is no longer accurate, current, or complete, and you wish to update it, please send an e-mail to firstname.lastname@example.org. Upon appropriate request we generally will update or amend your information, but we reserve the right to use Data previously obtained to verify your identity or take other actions that we believe are appropriate.
Transmissions over the Internet are never 100% secure or error-free. However, with respect to our internal security procedures, Forester takes reasonable steps to maintain physical, electronic, and procedural safeguards in order to protect your personal Data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Forester also requires third party companies that we hire and to whom we disclose Data to keep such information confidential and to use it only to perform the services for which we hire them and only under our instructions. It is your responsibility to safeguard any password and User ID you use to access the Website and to notify us at email@example.com if you ever suspect that this password or User ID has been compromised. You are solely responsible for any unauthorized use of the Website conducted via your password and User ID.
Special Notification for California Residents — Your California Privacy Rights
Under the California Consumer Privacy Act of 2018 (“CCPA“), California residents have certain rights around Forester’s collection, use, and sharing of their personal data, except that the rights granted to California residents under the CCPA do not apply to Personal Financial Data protected under Federal law.
California Do Not Track Disclosure: California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how a website operator responds to “Do Not Track” (“DNT”) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks, and analytic companies. We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, visit All About DNT.
California residents have the following rights under the CCPA:
- The right to know the ways in which we collect, use, share, disclose, and otherwise process your personal data;
- The right to know the specific pieces of your personal data that we hold;
- The right to request the deletion of your personal data, subject to several exceptions;
- The right to opt out of the sale of your personal data; and
- The right not to be unlawfully discriminated against for exercising these rights.
Exercising Your Rights Under the CCPA.
We will not discriminate against you for exercising your rights under the CCPA. We may take reasonable steps to verify your identity before fulfilling your request to know or delete. For example, we may seek to establish your identity by matching information that you submit alongside your request with information that we have on our records. We may also ask for supplemental information as needed to establish your identity.
An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so.
You may send your request for access to that personal data or request deletion by email to firstname.lastname@example.org or in writing at:
Forester Capital, L.L.C.
ATTN: Legal Department
700 Canal Street, Third Floor
Stamford, CT 06902
California's “Shine the Light” law, California Civil Code §1798.83, gives California customers the right to prevent our disclosure of their personal data to third parties for those third parties' direct marketing purposes, and requires certain businesses to respond to requests from California customers asking about the business' practices related to disclosing personal data to third parties for the third parties' direct marketing purposes. Please submit such requests using the contact information above.
California privacy rights requests must include the reference “Request for California Privacy Information” in the subject line, and in the body of the message, and must include an email address or mailing address that we may use for the response. We reserve the right not to respond to requests submitted other than as specified above.
You have the right to request that we delete any of your personal data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal data from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech rights, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
If you opt out of the sale of your personal data, we may still share your personal data with third parties if those transfers are not sales, such as with our Affiliates or our Service Providers.
Special Notification for UK and EU Residents
Legal basis for processing
Depending on the personal data being processed, the legal basis for Forester’s processing of your personal data will be:
- entry into and performance of a contract for the provision of financial information and other services through the Website
- discharge of a relevant legal or regulatory obligation
- as necessary for Forester’s legitimate business interests, such as: (i) carrying out the ordinary or reasonable business activities of Forester; (ii) preventing fraud; (iii) establishing, exercising or defending legal rights or for other purposes relating to legal proceedings; and (iv) ensuring the security of information systems
Retention of Data
The period for which Forester holds your personal data will vary depending on the purposes for which Forester uses the personal data (as it will need to be kept for as long as is necessary for any of those purposes) and legal obligations (as laws or regulations may set a minimum period for which Forester has to keep the personal data).
You have a number of legal rights in relation to the personal data that Forester holds about you. These rights include the following:
- The right to obtain information regarding the processing of your personal data and access to the personal data that Forester holds about you.
- In some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and the right to request that Forester transmits that data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to Forester.
- The right to request that Forester rectifies your personal data if it is inaccurate or incomplete.
- The right to request that Forester erases your personal data in certain circumstances. Please note that there may be circumstances where you ask Forester to erase your personal data but Forester is legally entitled to retain it.
- The right to object to, and the right to request that Forester restricts, its processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask Forester to restrict, its processing of your personal data but Forester is legally entitled to continue processing your personal data or to refuse that request.
- The right to lodge a complaint with the Information Commissioner (if you are in the UK) or a relevant EU data regulator (if you are in an EU Member State) if you think that any of your rights have been infringed by Forester.
- You can exercise your rights by contacting Forester by email to email@example.com or in writing at:
Forester Capital, L.L.C.
ATTN: Legal Department
700 Canal Street, Third Floor
Stamford, CT 06902
Response Timing and Procedures
We endeavor to respond to a verifiable consumer request within thirty (30) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal data that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Last updated October 13, 2022.