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Last Updated: July 16, 2024

 

As a U.S. regulated broker-dealer, we, at Lucid Capital Markets LLC (dba Americas Executions (“AmerX”)) are required to obtain certain non-public personal information (“PI" or “Information”) from you, our customer. Protecting your Personal Information is an important part of how we conduct our business. This Privacy Policy Notice (“Notice”) is intended to comply with U.S. Federal laws and implementing regulations of the SEC and other regulatory agencies regarding your privacy and describes the situations in which we may lawfully collect, use, share, sell and process your Personal Information.

 

To whom does this Notice apply?

This Notice describes the rights you have concerning the PI that we collect about you, the sources from whom we obtain your Information, the categories of PI we collect and how we process this information. This Notice applies to U.S. residents who are “retail account customers” (dealing with us as an individual) of AmerX with respect to products and services provided by us in the United States and used primarily for personal, family or household purposes (not business purposes). Unless otherwise provided herein, this Notice does not apply to:

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• Corporate or institutional customers or individuals associated with a corporate or institutional account, who by virtue of the financial services we provide, have their personal information protected by financial industry specific privacy laws, including Gramm-Leach-Bliley Act (“GLBA”), Fair Credit Reporting Act (“FCRP”) or due diligence requirements on AmerX with respect to “anti-money laundering” and “know your customer” rules; or

• Employees, contingent workers, and job applicants. (See below for additional privacy rights for California residents).

 

From what Sources do we collect PI about you?

AmerX may obtain your PI from the following sources:

• You on applications, forms, or other documents;

• us, our affiliates, or others regarding your transactions with us and other sources;

• consumer-reporting agencies; and

• sources that are publicly available.

 

What Categories of PI do we collect and with whom do we share it?

The type of PI we collect, and process may vary depending on whether you deal with us as an individual or in connection with one of our corporate or institutional customers, as well as the jurisdiction where you reside. We may process the following categories of Information, among others:

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• Identifiers, such as (i) your contact information (name, phone number, postal address, email address and your personal or work-related contact information); and (ii) government-issued identifiers (social security number, passport number, or other similar documentation) as required and permitted by applicable laws.

• Classifications, such as your age, gender, marital status, nationality, or citizenship.

• Commercial/Financial Information, such as your source of wealth/income, investment experience and objectives, creditworthiness and credit history, and risk tolerance.

• Professional or employment-related information, such as current or past job history.

 

We do not disclose PI of our customers or former customers to anyone, except pursuant to legal or regulatory requirements, to affiliates engaged in financial services, or as authorized by you. Recipients of such disclosure may include (a) auditors, law enforcement and regulatory agencies (including U.S. and regulators in other countries such as Japanese or attorneys acting with judicial authority); (b) affiliates that may provide business services for us for your benefit or may assist us in offering our or our affiliates’ products and services to you; (c) affiliates and other third party entities to facilitate the processing of securities transactions requested by you; or (d) affiliates and non-affiliates for credit review or reporting purposes.

 

In addition, FCRP gives you the opportunity to limit the sharing of certain “non-experience information” within the AmerX. Non-experience information includes information not related solely to your transactions or other experiences with us. Examples of non-experience information include information from:

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• your applications, such as your income or marital status;

• a credit report, such as your credit history; and

• sources used to verify representations made by you, such as your open lines of credit or employment history.

 

The types of companies within the AmerX family that may receive non-experience information include our parent companies and other financial services providers such as banks and broker-dealers.

 

If you prefer that we not share non-experience information about you within the AmerX corporate family, you may direct us not to share this information by calling our Compliance Department at (646) 979-8000. For joint accounts, each person may separately opt-out and joint account holders may opt out for each other. If only one joint account holder opts out, we may share information about other joint account holders.

 

We do not sell your PI and we have not done so within the past twelve (12) months prior to the effective date of this Notice.

 

Security and Technology

We restrict access to PI about you to those employees who have a need to know that Information. We maintain physical, electronic, and procedural safeguards that guard your PI. We dispose of our customers’ PI (whether recorded on paper, tape or any other medium) in ways that are designed to protect against unauthorized access or use. We also take appropriate precautions when we discard computers and other equipment that we have used to process or store customers’ PI.

 

Access and Correction of Information

Upon your written request, we will make available for your review any file we may maintain for your PI, provided, however, that any Information collected in connection with, or in anticipation of, any claim or legal proceeding may not be made available. If you notify us that any Information is incorrect, we will review it. If we agree, we will correct our records. If we do not agree, then you may submit a short statement of dispute, which we will include in any future disclosure of the disputed information.

 

Updates to this Notice; Further Information

When we make changes to this Notice, we will change the “Last Updated” date at the beginning of this Notice. If we make material changes to this Notice, we will notify you by email, by prominent posting on AmerX’s website, or through other appropriate communications channels. All changes will be effective from the date of publication unless otherwise provided in the notification.

 

Any examples contained within this Notice are illustrations and are not intended to be exclusive. This Notice is intended to comply with Federal laws and implementing regulations regarding privacy. You may have different or additional rights under other foreign or domestic local laws that may apply to you. (See Other Important Information).

 

OTHER IMPORTANT INFORMATION:

 

FOR CALIFORNIA RESIDENTS

 

The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights regarding the PI that we collect. In particular, if you are a “natural person” who resides in the State of California, you may have the following rights:

 

Notification of PI collected

 

AmerX collects, uses, and processes your PI, as described within this Notice, for expected internal reasons, for legal obligations, and for servicing a transaction or providing a financial service requested by you. We may also use your Information to detect security and fraud as well as technical support functions.

 

Further details on the categories of PI we may collect about you, the sources of the PI collected, the purposes for collecting the PI, as well as third parties to whom we may disclose your PI, are described within this Notice.

 

Access to specific items of collected information

 

You may request that we disclose certain information to you regarding the collection and use of your PI during the past twelve (12) months. Upon verification of your request, we will provide a report outlining specific pieces of the PI collected about you. You may make this request a maximum of two times within a twelve-month period.

 

Deletion of PI

 

You may request that our service providers and we delete any PI that we collect from you. You should note that our obligation to comply with a deletion request may be subject to exemptions or that we may have a legal reason to retain your Information, as permitted by the CPPA, in accordance with the original reason for collecting and processing PI as described within this Notice.

 

We retain PI in accordance with our firm’s information management policies, which establish general standards and procedures regarding the retention, handling, and disposition of our records, including PI. PI is retained as long as necessary to meet legal and regulatory requirements. In addition, a retention period may be extended if we are required to preserve PI in connection with litigation, investigations, and proceedings.

 

Opt-Out of Sale

 

Under the CPPA, you have the right to request that we not sell your PI. Since we do not sell PI, there is no need to opt-out of sales.

 

Anti-Discrimination

 

We will not discriminate against you for exercising your CCPA rights.

SEC Rule 606 Quarterly Reports

The Securities & Exchange Commission (“SEC”) adopted Rule 606, requiring all broker-dealers that route orders in equity and options securities to make available quarterly reports that present a general overview of their routing practices. The reports identify significant venues to which customer orders were routed and disclose the material aspects of the broker-dealer’s relationship with such venues. AmerX’s Rule 606 report can be be obtained by emailing compliance@amerx.com. Also, upon customer’s request, AmerX will disclose to its customer the identity of the venue to which the customer’s orders were routed for execution in the six months prior to the request, whether the orders were directed orders or non-directed orders, and the time of the transaction, if any, that resulted from such orders.

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FINRA Public Disclosure Notification

 

In accordance with the Financial Industry Regulatory Authority (“FINRA”) Investor Education and Protection Rule, you may obtain information on FINRA’s Public Disclosure Program by contacting FINRA at (800) 289-9999 or via their internet address which is www.finra.org. A copy of the investor brochure that includes information concerning FINRA’s Public Disclosure Program can be obtained by calling the number provided or visiting FINRA’s web site. If you have a question or concern about this notice, please contact us at support@amerx.com

 

Customer Identification Program Notice

 

Important information you need to know about opening a new account:

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To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record information that identifies each person or entity that opens an account. This notice answers some questions about AmerX’s Customer Identification Program.

 

What types of information will I need to provide?

When you open an account, AmerX is required to collect information such as the following from you:

      ➢Individual or entity name
      ➢Date of birth, if applicable
      ➢Address
      ➢Identification number:
                   •U.S. Citizen: taxpayer identification number (social security number or employer identification number)
                   •Non-U.S. Citizen: taxpayer identification number, passport number, and country of issuance, alien                                        identification card number, or government-issued identification showing nationality, residence, and a                                    photograph of you.

You may also need to show your driver’s license or other identifying documents.

A corporation, partnership, trust or other legal entity may need to provide other information, such as its principal place of business, local office, employer identification number, certified articles of incorporation, government-issued business license, a partnership agreement, or a trust agreement.

U.S. Department of the Treasury, Securities & Exchange Commission, FINRA, and the New York Stock Exchange rules already require you to provide most of this information. These rules also may require you to provide additional information, such as your net worth, annual income, occupation, employment information, investment experience and objectives, and risk tolerance.

What happens if I don’t provide the information requested or my identity can’t be verified?

AmerX may not be able to open an account or carry out transactions for you. If AmerX has already opened an account for you, we may have to close it. We thank you for your patience and hope that you will support the financial industry’s efforts to deny terrorists and money launderers access to Americas’ financial system.

Customer Notice Pursuant to Section 311 of the USA PATRIOT Act

Pursuant to U.S. regulations issued under Section 311 of the USA PATRIOT Act, 31 CFR 103.192, we are prohibited from opening or maintaining a correspondent account for, or on behalf of, Banco Delta Asia SARL, including its subsidiaries Delta Asian Credit Limited and Delta Asia Insurance Limited (“Banco Delta Asia” or “bank”), [the “Specified Banks”]. The regulations also require us to notify you that your correspondent account with our financial institution may not be used to provide the Specified Banks with access to our financial institution. If we become aware that the Specified Banks are indirectly using the correspondent account you hold at our financial institution, we will be required to take appropriate steps to prevent such access, including terminating your account.

Notification to Customers

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Please direct complaints or concerns with respect to the handling of your account to: Americas Executions, 55 Broadway 19th Floor New York, NY 10006 | Email: compliants@amerx.com

 

SIPC

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You may find information regarding the Securities Investor Protection Act by contacting SIPC directly at (202) 371-8300 or by e-mail: asksipc@sipc.org or you may obtain information through their website: www.sipc.org. Please note that digital assets are not covered by SIPC at this time.

 

Business Continuity Plan Summary

 

AmerX has developed a Business Continuity Plan on how we will respond to events that significantly disrupt our business. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan.

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If after a significant business disruption, you cannot contact us as you usually do at (646) 979-8000, you should call our alternative number (212) 306-2700. If you cannot access us through either of those means, you should contact our clearing firm (if applicable) that maintains your account for instructions on how it may provide prompt access to funds and securities, enter orders and process other trade-related, cash and security transfer transactions.

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We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the firm’s books and records and allowing our customers to transact business. In short, our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.

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Our business continuity plan addresses: data backup and recovery; all mission critical systems; financial and operational assessments; alternative communications with customers, employees, and regulators; alternative physical location of employees; critical supplier, contractor, bank and counter-party impact, if any; regulatory reporting; and assuring our customers prompt access to their funds and securities if we are unable to continue our business. We back-up information via Vault America. While every emergency poses unique problems based on external factors, such as time of day and the severity of the disruption, we have been advised by our clearing firms that their objectives are to restore their operations and be able to complete existing transactions and accept new transactions and payments within the same business day. Your orders and requests for funds and securities could be delayed during this period. Significant business disruptions can vary in their scope, such as affecting only our firm, a single building housing our firm, the business district where our firm is located, the city where we are located, or the whole region. Within each of these areas, the severity of the disruption can also vary from minimal to severe. In a disruption affecting only our firm or the building housing our firm, we will transfer our operations to a local site if necessary and expect to recover and resume business within a 24-hour period. In the event of a significant business disruption that closes the New York Stock Exchange (“NYSE”), we will move our staff from any affected offices to an alternative site designated by the Exchange. In a disruption affecting our business district, city, or region, we will transfer our operations to a site outside of the affected area and recover and resume business within a reasonable time. In either situation, we plan to continue business, transfer operations to our clearing firm if necessary, and notify you through our customer emergency number. If the significant business disruption is so severe that it prevents us from remaining in business, we will reasonably ensure that our customers have prompt access to their funds and securities.

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If you have questions about our business continuity planning, you can contact us at support@amerx.com.