Disclosure Statement, Privacy Policy, and Summary Business Continuity Plan

Disclosure Statement, Privacy Policy, and Summary Business Continuity Plan 2018-07-11T00:12:00+00:00

Terms & Conditions

Please read the following terms and conditions (“Terms and Conditions”) carefully before using this Web site (“Site”). You should review these terms and conditions regularly, as they may change at any time at our sole discretion.

Wellspring Wealth Management, LLC (“Wellspring Wealth”) is a SEC registered investment adviser located in Atlanta, Georgia. Wellspring Wealth and its Investment Adviser Representatives (“IAR”) are in compliance with the current registration and/or notice filing requirements imposed upon registered advisers by those states in which Wellspring Wealth maintains clients. Wellspring Wealth may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registered requirements. A copy of Wellspring Wealth’s current registration statement (form ADV Part 1) and firm brochure (Form ADV Part 2A) containing Wellspring Wealth’s business operations, services, and fees, is available by accessing the SEC’s Investment Adviser Public Disclosure website. Wellspring Wealth will provide the firm brochure and supplemental IAR brochures (Form ADV Part 2B) to interested parties upon request.  This Site is published in the United States for residents of the United States. Wellspring Wealth is not soliciting business in international or state jurisdictions where it is not registered.

Nothing on the Wellspring Wealth web site should be constructed as a solicitation or offer, or recommendation to acquire or dispose of any investment or to engage in any other transaction. Wellspring Wealth does not render or offer to render personal investment advice or financial planning advice through its Web site. Wellspring Wealth’s specific advice is given only within the context of our contractual agreements with each client. The Wellspring Wealth web site is limited to the dissemination of general information pertaining to its investment advisory and financial planning services. Advice may only be rendered after delivery of Form ADV Part 2A and 2B, the execution of an investment advisory agreement and/or financial planning agreement by the client and the adviser.

Our Site is provided to you without charge as a convenience and for your information only. By merely providing access to our Site content, we do not warrant or represent that:

  • The content is accurate or complete;
  • The content is up-to-date or current;
  • We have a duty to update any content;
  • The content is free from technical inaccuracies or typographical errors;
  • The content is free from changes caused by a third party; and
  • Your access to our Site will be free from interruptions, errors, computer viruses, or other harmful components.

We do not assume any liability for these matters. In other words, you use our Site at your own risk. Under no circumstances, including but not limited to negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Site, even if one of our representatives has been advised of the possibility of your damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Links

Should you leave this website via a link contained herein, such as the Account Access, and view content that is not provided by Wellspring Wealth, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Wellspring Wealth. Wellspring Wealth is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such website, whether actual, alleged, consequential or punitive. Wellspring Wealth makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.

Third-Party Content

Wellspring Wealth is in no way responsible for the content of any website owned by a third party that may be linked to Wellspring Wealth’s website via hyperlink, whether such hyperlink is provided by Wellspring Wealth or by a third party.

Blog Content

Blog content is developed from sources believed to be providing accurate information; however, its accuracy, completeness, or timeliness cannot be guaranteed. The information in blog material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation.  The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Past performance is no indication of future results.  Investments involve risk, including the possible loss of the principal amount invested.

All Web pages are intellectual property of Wellspring Wealth and are protected by copyright laws. All copyrights for Wellspring Wealth’s Web presence are owned by Wellspring Wealth with all rights reserved.

Privacy Policy

Wellspring Wealth LLC (“Wellspring Wealth”) is a professional service firm that advises on personal financial matters and, as such, we are required by federal law to inform our clients of our policies regarding the privacy of client information. We are committed to maintaining the confidentiality and security of our clients’ personal and private information. Please take a moment to review our privacy notice informing you of the steps we take to safeguard your nonpublic personal information.

Wellspring Wealth and the following subsidiaries subscribe to this Privacy Notice:  Wellspring Wealth Management LLC, Planmark Capital Management, LLC and Planmark Financial Group LLC.  The subsidiaries provide Wellspring Wealth clients with certain financial services via registration requirements or peer networking.

While providing service to you, we collect personal information from the following sources:

  • Account and product applications and other standard forms related to your financial services. Examples of information collected include your name, address, social security number, assets, types and amounts of investments, transactions, and income.
  • Information obtained from third parties when verifying applications, other forms or legal documents. This may be obtained from your other professional advisers, employer or financial service providers.

Keeping your information secure is one of our most important responsibilities.  We restrict access to your personal information to those employees and agents who assist us in providing services to you.  We maintain physical, electronic and procedural safeguards that comply with applicable law to protect your personal information.  We train our personnel in the proper handling of personal information.  When we use other companies to help provide our services to you, we require them to protect the confidentiality of personal information they receive.

Disclosing Personal Information to Non-Affiliated Third Parties

We do not sell, share or disclose your personal information to non-affiliated third parties, except personal information we share in coordination with the services we provide to you through third parties such as your attorney, accountant or financial product provider.

We may disclose your personal information as permitted or required by law.  These disclosures may include, for example, information to process transactions on your behalf, to conduct operations, to follow your instructions as you authorize, or to protect the security of your financial records.

Disclosing Personal Information to Subsidiaries

We may share within our subsidiaries information about our services or experience with you, such as your name, social security number or similar information.  For example, if you currently do business with one of our subsidiaries or ask to receive information about a subsidiary’s service, we may share your personal information with the subsidiary.  Our subsidiaries may also continue to use personal information they receive from us to perform services on our behalf, to respond to communications from you, as you authorize or request, or, if you are their client, to offer you their services.  To the extent that you are entitled to other protections under applicable laws and these laws apply, we will comply with them when we share personal information about you.

View and Change Your Personal Information

You can review the personal information we maintain on you and make any needed corrections to it by contacting us in writing at the address found on this brochure.

Right to Access and Correct Information

You may write to us at the address found in this brochure with any questions you may have about your personal information.  You may see and copy the personal information that we have about you in person. If you prefer, we will copy and send it to you. If you think the personal information that we have in our files is incomplete or incorrect, you may request that we complete or correct the disputed personal information.  We will review your request. We will either make the change or explain why we did not do so.  If we do not make the change, you may file a written statement of dispute with us.  We will include the written dispute in the future disclosures of that personal information. We will send the written dispute to anyone you request us to who received your personal information from us in the past two years. To exercise these rights, please send us a written request. Please include your name, address, daytime phone number, and the personal information that you would like access to or that you believe needs correction.  We may charge a small fee to collect and send the personal information to you.  To protect your personal information, we may ask you to verify your identity and to provide other details to respond to your request.

If Your Relationship with Us Ends

If your relationship with us ends, we will continue to treat and protect your personal information in accordance with this Privacy Notice.  This means that we may continue to share your personal information with our subsidiaries as previously described or permitted by law.  However, if you notify us of your election not to have us share your personal information with others before or after your relationship with us ends, we will honor that request.

Changes to Our Privacy Policy Notices

We reserve the right to amend (that is, to add to, delete from or change) the terms of this Privacy Notice from time to time.  We will distribute to you any amendments to it when they are made.

Summary of Business Continuity Plan

Wellspring Wealth and our affiliates — Wellspring Wealth Management, Planmark Capital Management and Planmark Financial Group — are committed to providing timely service to our clients. We recognize the importance of preparing for various disaster scenarios that could hamper our ability to provide service. We have taken aggressive steps to provide for business contingency and continuity planning under a variety of potential scenarios. We continue to evaluate our continuity plans and take the necessary actions to ensure the proper resources are available to provide for the recovery and timely resumption of critical business operations to internal business units, third-party business partners, and clients.

Offices and Staff

Wellspring has offices and staff located in two principal locations: Atlanta and Alpharetta. The Atlanta office serves as the primary site for accounting, compliance, HR, and research. These functions, while vital to the business on a continuing basis, are not considered mission-critical for the daily operation of our business. In the event of a disaster that would make the Atlanta office unserviceable, the Alpharetta office is its alternative facility.

Mission-Critical Departments

Both the Atlanta and Alpharetta offices serve as primary locations for our mission-critical departments, including: Operations, Transaction Execution and Processing, and Support. Each office serves as the backup for the other. There are documented and tested plans in place to provide for a failover between the two sites.

The Wellspring main data center is located in the cloud. The alternate data center is located within the firm’s Alpharetta location.

  • The main data center infrastructure is fully cloud-based.
  • The office in Alpharetta also provides redundant operational systems.
  • There is redundant connectivity between Atlanta and Alpharetta via cloud-based systems.

Wellspring’s client service, account service, and brokerage service computing platforms are operated in various geographical regions of the United States by unaffiliated third-party vendors (such as investment custodians, and broker-dealers). None of the scenarios presented in this document would pose a threat of business disruption to these sites. The third-party vendors have complete business continuity plans that include alternative sites and recovery times within a few hours.

Business Scenario Preparedness

Office Disruption

If Wellspring loses the ability to perform business at either the Atlanta or Alpharetta location, mission-critical Atlanta functions would be failed over to our Alpharetta office and vice versa. Staff associated with non-mission-critical functions will be relocated to an alternative site in an unaffected area. We have plans in place for this relocation and they are tested periodically. Recovery time objectives vary based on the criticality of each function.

Access to Your Policy, Accounts and/or Funds

A site outage should not impact our clients’ ability to access their accounts, or available funds, as Wellspring’s business contingency plans are designed to ensure sustained service. However, the ability to trade securities may be impacted by market events outside the control of Wellspring, such as when the market was closed following the September 11 tragedy. Our tested business continuity plans result in necessary personnel being available to approve transactions that result in the disbursement of available funds. In the event that your Wellspring advisor ceases operations due to a significant business interruption, you may call your account custodian, or investment provider for emergency assistance.

Conclusion

Please be aware that, while we have detailed plans in place, we cannot guarantee that we will be successful in achieving recovery in the times noted above. For example, we may not be able to implement a plan during a disaster as quickly as we expect, or there may be disasters that we have been unable to anticipate and for which we have no plan. Additionally, if parts of our plan are dependent upon third parties, we will have no control over the success or failure of the third party to respond appropriately to the challenges posed at the time of the disaster.

Our continuity plans are periodically updated and modified. Updated plan summaries will be made available on our websites (www.wellspringwealth.com and www.planmarkfinancialgroup.com) and can be obtained by submitting a written request to Wellspring Wealth, 2200 Century Parkway, Suite 750, Atlanta, Georgia 30345