Privacy Policy

1. Scope of This Policy

This policy covers the personal and financial information that Brian Langford SDIRA LLC handles when a person visits our website, requests the intake checklist, opens a self-directed retirement account, rolls over retirement funds, holds real assets inside an account or receives a distribution. It also covers the information we handle when a beneficiary, an attorney, an accountant or an authorized representative communicates with us on behalf of an account holder.

This policy does not cover the practices of any third party. Where an account holds a private placement, a mortgage note, real estate or physical metal, the sponsor, servicer, depository or other counterparty maintains its own privacy practices. We encourage every account holder to read those practices before committing capital.

By using our website or engaging our administration services, a person acknowledges that the practices described in this policy apply to the information involved. Where a person does not agree with this policy, that person should not use the website or provide information to the practice.

2. Information We Collect

We collect information that identifies a person, information that describes an account and its holdings, and information that is created as we administer the account. The categories below describe the information in ordinary terms.

Identity and contact information

This includes a full legal name, any prior name, date of birth, tax identification number, mailing address, email address, telephone numbers, citizenship and residency status, and the identity of any authorized representative. It also includes the identity information of beneficiaries named on an account.

Account and financial information

This includes account numbers, opening balances, rollover amounts, contribution and distribution history, bank account details for transfers, and the nature of each holding inside the account. For real estate and notes it includes title records, purchase terms, payment histories and valuation documents. For private placements it includes subscription documents, partnership or operating agreements and sponsor statements. For precious metals it includes depository receipts and the weight, fineness and description of each position.

Verification and compliance information

This includes government identification documents, proof of address, source of funds information where requested, screening results against public sanctions and watch lists, prohibited transaction review records, and any notes or correspondence created during a compliance check.

Website and technical information

This includes internet protocol address, browser type and version, device type, operating system, pages viewed, the time and date of a visit and the referring page. This information is collected in server logs and through technologies described in the cookies section of this policy.

Communications

This includes the content of emails, contact form submissions, telephone notes, letters and other messages with the practice, together with the response we provide and the date of the exchange. Where a message contains personal information about a beneficiary or a third party, we treat that information with the same care as the account holder information.

3. How We Collect Information

We collect information directly from a person when that person completes an account application, submits a contact form, sends an email, calls the practice, signs a distribution election or provides documents during intake. We collect information automatically from a browser or device when a person visits the website. We also receive information from third parties in the ordinary course of administration.

Third party sources include sending custodians and employer plan administrators during a rollover, title companies and county records offices for real estate, sponsors and fund administrators for private placements, depositories for precious metals, banks for transfer verification, and identity verification and screening services. Where a person provides information about a beneficiary or another individual, that person is responsible for having the authority to provide it.

In some cases we receive information from an authorized representative such as an attorney, accountant or family member acting with written authority. We verify that authority before acting on the information and we record the verification in the account file.

4. Why We Use Information

We use information to open and administer accounts, to verify identity, to receive and hold assets, to prepare valuations and reporting lines, to process distributions and beneficiary transitions, to answer questions, to maintain the accuracy of the account file and to meet our legal and regulatory obligations. The specific uses below describe the purposes in more detail.

Administering the account

We use identity, account and holding information to establish an account, record a rollover, reconcile a holding to its source document, calculate a valuation and prepare the reporting lines that an account holder or tax preparer needs. Without this information we cannot perform the administration the account holder has engaged us to provide.

Protecting the account and the practice

We use verification and compliance information to confirm identity, to check for prohibited transactions, to screen against sanctions and watch lists and to detect and prevent fraud, unauthorized access and misuse of the account. This work protects the account holder and the practice alike.

Communicating with account holders

We use contact information and communication records to respond to questions, to send scheduled notices such as valuation reminders and reporting deadlines, to confirm transactions and to provide the documents an account holder or representative requests. We keep those communications in the account file so the history of an account stays complete.

Improving the website and services

We use technical information in aggregate to understand how the website is used, to correct errors, to improve performance and to make the services easier to use. Where possible we use this information in a form that does not directly identify a person.

Meeting legal obligations

We use information to comply with tax reporting requirements, to respond to lawful requests from regulators or courts, to maintain records for the periods required by law and to enforce our agreements. Where the law requires a disclosure, we make the disclosure and record it in the account file.

5. Legal Bases for Processing

Where applicable law requires a legal basis for processing personal information, we rely on one or more of the bases described below. The base we rely on depends on the information and the purpose.

We rely on the performance of a contract when processing is necessary to open or administer an account that a person has requested. We rely on legal obligation when processing is necessary to meet tax, reporting, recordkeeping or other requirements that apply to the practice. We rely on legitimate interests when processing is necessary to protect the account and the practice, to detect fraud, to maintain the security of our systems and to improve our services, provided those interests are not outweighed by the rights of the individual. We rely on consent where consent is required, such as for certain cookies or for optional communications, and a person may withdraw consent at any time.

Where a person does not provide information that is required to open or administer an account, we may be unable to provide the administration that person has requested. In that case we explain what is required and why before a relationship begins.

6. How We Share Information

We do not sell personal information. We do not rent personal information. We do not share personal information for cross context behavioral advertising. We share information only in the limited circumstances described in this section.

With service providers

We share information with service providers that perform administration functions on our behalf, including identity verification services, screening services, document storage providers, information technology providers and communication services. These providers receive only the information they need to perform their function and are bound to protect it.

With counterparties to a holding

Where an account holds an asset, we share information as needed with the sponsor, servicer, title company, depository or other counterparty so the asset can be received, held, valued or released. This sharing is limited to what the transaction requires.

With professional advisors

We share information with attorneys, accountants, auditors and insurers who advise the practice, subject to confidentiality obligations, where the sharing is necessary to obtain advice, to conduct an audit or to manage risk.

With an account holder and authorized representatives

We share account information with the account holder and with any representative who has documented authority. Where the authority is limited, the sharing is limited in the same way. Where two or more persons hold an interest in an account, we handle requests for information consistently with the governing documents.

For legal reasons

We disclose information where required by law, regulation, subpoena or court order, where necessary to protect the rights or safety of the practice or others, where necessary to investigate fraud or a security incident, or in connection with a merger, acquisition or transfer of the practice, subject to the protections that apply to the information.

7. Service Providers and Processors

Our service providers process information on our instructions and for the purposes we specify. We require them by contract to protect the information, to use it only for the agreed purpose, to maintain appropriate security and to return or delete it when the engagement ends. We review the security and privacy practices of providers where the sensitivity of the information warrants review.

A service provider may engage subcontractors to perform part of its work. Where it does, the provider remains responsible for the protection of the information and for imposing equivalent obligations on the subcontractor. The categories of providers we use are identity verification, screening, document storage, information technology, communications and professional advisory services.

8. Cookies and Similar Technologies

Our website may use cookies and similar technologies to keep the site working, to remember preferences and to understand how visitors use the site. A cookie is a small file placed on a device by a website. Some cookies are necessary for the site to function; others are used for measurement and improvement.

A visitor can control cookies through browser settings. Disabling necessary cookies may affect how the site works. Where a cookie requires consent under applicable law, we ask for consent before placing it and a visitor may withdraw consent at any time. We do not use cookies to sell personal information or to share it for cross context behavioral advertising.

9. Data Retention

We keep information for as long as it is needed to administer an account and to meet our legal and regulatory obligations. Account records and the documents that support a holding, a valuation or a distribution are kept for the period that tax, retirement plan and recordkeeping requirements require, which is typically a minimum of seven years after the account closes or after the relevant transaction, and may be longer where a longer period applies.

Website logs and technical information are kept for a shorter period consistent with security and measurement needs. Contact form messages are kept for as long as needed to respond and to keep a record of the request. Where information is no longer needed, we delete it or make it anonymous, and we may keep it in a form that does not identify a person.

10. How We Protect Information

We maintain administrative, technical and physical safeguards designed to protect information against unauthorized access, alteration, disclosure or destruction. These safeguards include access controls that limit information to personnel who need it, encryption of information in transit, protections on our systems, secure destruction of records when retention ends and training for personnel on the handling of confidential information.

No method of transmission or storage is completely secure. We cannot guarantee absolute security, and we do not claim to. If a security incident affects personal information, we investigate it, take steps to contain it and notify affected persons and any regulator as required by applicable law.

11. Your Privacy Rights

Depending on where a person lives, that person may have rights regarding the information we hold. These rights can include the right to know what information is collected, the right to access that information, the right to request correction of inaccurate information, the right to request deletion of information subject to our legal obligations, the right to request a portable copy of information, the right to limit certain uses and the right to withdraw consent where consent is the basis for processing.

To exercise a right, a person contacts us using the details in the contact section below. We verify the request and the identity of the requester before acting. Where the law allows us to refuse a request, we explain the reason. We do not discriminate against a person for exercising a privacy right, and we do not charge a fee unless a request is repetitive or excessive and the law permits a charge.

An authorized representative may submit a request on behalf of a person where the representative provides evidence of the authority. Where a request concerns records that we must keep to satisfy a legal obligation, we may deny deletion and keep the records for the required period.

12. California Privacy Notice

This section applies to residents of California and describes rights under California law. In the preceding twelve months we have collected the categories of information described in the information we collect section of this policy, including identifiers, contact details, financial information, account information, commercial information, internet activity and professional information. We have used and disclosed these categories for the business purposes described in this policy.

We do not sell personal information and we do not share it for cross context behavioral advertising. A California resident has the right to know the categories and specific pieces of information collected, to request deletion, to request correction, to opt out of sale or sharing, to limit the use of sensitive personal information and to be free from discrimination for exercising these rights. To exercise a right, contact us using the details below. We verify requests and respond within the timeframe the law allows.

13. Privacy for Children

Our website and services are intended for adults who are eligible to hold a retirement account. We do not knowingly collect personal information from children under the age of sixteen. Where we learn that we have collected information from a child without the consent required by law, we delete it. A parent or guardian who believes that a child has provided information to the practice may contact us and we will act promptly.

Beneficiary information may include information about a minor where a minor is named as a beneficiary of an account. That information is provided by the account holder and is handled as part of the account record under the protections described in this policy.

14. Links to Other Sites

Our website may link to websites operated by other parties, such as a sponsor, a depository or a government resource. We do not control those websites and we are not responsible for their content or their privacy practices. A link does not mean that we endorse the site. We encourage a visitor to read the privacy policy of every website before providing personal information to it.

15. International Visitors

The practice is located in the United States and the information we collect is processed and stored in the United States. Where a person visits our website from another country, that person understands that the information will be transferred to and processed in the United States, where privacy laws may differ from the laws of the person home country.

Where applicable law requires additional safeguards for a cross border transfer, we take steps to provide those safeguards. A person with a question about a cross border transfer may contact us using the details below.

16. Changes to This Policy

We may update this policy from time to time to reflect a change in our practices, a change in technology or a change in the law. When we update the policy, we revise the effective date at the top of the page and post the updated policy on this website. Where a change is material, we provide additional notice as required by applicable law.

We encourage a visitor to review this policy periodically. Continued use of the website or the services after an update means that the updated policy applies to the information involved.

17. How to Contact Us

Questions, requests and concerns about this policy or about the handling of information may be directed to the practice using the details below. We respond to privacy requests within the timeframe that applicable law requires.

Where a person is not satisfied with our response, that person may have the right to complain to a supervisory authority in the place where that person lives or works. We ask that a concern be raised with us first so that we have the chance to resolve it directly.