Nicholas Company, Inc. is an independently owned investment advisor to mutual funds and separately managed accounts. Nicholas Company, Inc. and its affiliates Nicholas Fund, Inc., Nicholas II, Inc., Nicholas Limited Edition, Inc. and Nicholas Equity Income Fund, Inc. (together, “Nicholas Co.,” “we,” “us,” or “our”) respect the privacy of your Personal Information. This Privacy Policy (the “Policy”) describes how we collect, use, and disclose your Personal Information (as defined below) when you use our Site, www.nicholasfunds.com (the “Site”), or otherwise interact with us.
We may modify this Policy at any time. All changes will be effective immediately upon posting to the Site. Notice of material changes will be conspicuously posted on the Site or otherwise communicated to you.
IF YOU ARE A RESIDENT OF CALIFORNIA, PLEASE SEE THE SECTION ENTITLED “ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS” BELOW FOR ADDITIONAL PROVISIONS THAT MAY APPLY TO YOU.
Note to our separately managed account investors and mutual fund shareholders: This Policy does not apply to non-public personal information (“Non-Public Information” or “NPI”) which we collect and use in providing investment advisor services. When we utilize your NPI in providing our investment advisory services, that NPI is subject to the notice requirements under the federal Gramm-Leach-Bliley Act (“GLBA”) and its implementing regulations and not this Policy. Please see our GLBA Privacy Notice (“GLBA Privacy Notice”) for further information about the collection of Non-Public Information available at GLBA Privacy Notice.
1. What is Personal Information?
For purposes of this Policy, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a particular individual or household. Personal Information does not include deidentified information, aggregated information, or information that is publicly available, as defined under applicable data privacy laws.
2. Categories of Personal Information We or our Transfer Agent Collect
A. Identifiers and Financial Information
You may be able to provide Identifiers and Financial Information (as described below) through the Site by filling out a form on the Site or sending mail to the address listed on the Site. U.S. Bank Global Fund Services (“U.S. Bank”), our transfer agent, will collect this information.
“Identifiers” include your name, mailing address, phone number and email address.
“Financial Information” may include your Taxpayer Identification Number and your Social Security Number.
U.S. Bank may provide us with some of your Personal Information as necessary to facilitate services. Please note, any such Personal Information that U.S. Bank provides to us will be considered NPI and covered under our GLBA Privacy Notice.
B. Internet Activity
We collect Internet Activity from you when you use our Site. “Internet Activity” includes information such as your device type, imprecise geolocation, browser preferences and version, visited URL, and information regarding your interaction with our Site.
3. Sources of Personal Information
We collect Personal Information from the following sources:
A. Our Transfer Agent, U.S. Bank
We may indirectly receive information you provide through the Site such as when you complete an account application or when you request information about our services, funds, or business from our transfer agent, U.S. Bank.
B. Data Collected Automatically Using Technology
We use online tools on our Site that automatically collect certain information when you visit.
C. From Third Parties
We may collect Personal Information about you from third party service providers in connection with providing you with services, including from the transfer agent that services our shareholder accounts.
4. How We Use Personal Information
We use your Personal Information for the following purposes:
A. To Communicate with You
We use your Personal Information to communicate with you regarding any questions you have or to provide you with more information on our services, funds, and business.
B. To Operate our Business
We use Personal Information to operate our business, to inform our business strategies, to provide and improve our services, to develop new services, and to notify you of changes to the Site or this Policy and for security purposes. We may also use Personal Information to protect our Site and business from fraud or cyberattack.
C. For Customer Support
We or our transfer agent, U.S. Bank, may use Personal Information to provide customer support or assistance.
D. To Protect Our Legal Rights
We may use Personal Information to meet our legal and compliance obligations under applicable laws, to protect our legal rights or interests, or those of our affiliates and agents. This may include cooperating with law enforcement, complying with a valid subpoena or bringing a legal action against you or anyone who may be causing harm to us, our Site, to other users of the Site or to our employees, affiliates, investors, shareholders or agents.
5. Disclosing Personal Information
We disclose Personal Information to the following third parties.
A. Employees
We may disclose Personal Information to our employees who have a need to know that information to operate our business.
B. Broker-Dealers, Investment Firms, and Banks
We disclose Personal Information to the following parties in order to effectuate purchases and sales and to allow for the servicing of client accounts: the transfer agency, the broker-dealer through whom we execute securities transactions, clearing agencies through whom we clear and settle securities transactions, third-party investment advisory firms with whom we have relationships for the management of client advisory accounts, broker-dealer firms having regulatory requirements to supervise certain activities of representatives who are also registered with a broker-dealer, and banks.
C. Other Service Providers
We may disclose Personal Information to companies who provide services for us, such as payment processors, website hosting contractors, professional advisors, mailing houses, off-site storage and providers of public relations services.
D. Parties to a Business Transaction
In the event of an anticipated or actual merger, purchase, partnership or in the case of a bankruptcy or other sale of all or a portion of our assets, we may transfer or allow third parties to use information owned or controlled by us, including Personal Information to evaluate such transactions or changes in control. If any of our assets are sold or transferred to a third party, your Personal Information could be part of the assets transferred to a new owner. We may, in connection with these types of transactions, transfer, disclose, assign, or sell your Personal Information and other information we have collected to third parties or to authorize such third parties to use any such information, including for due diligence, as part of any of the transactions described in this paragraph. Any Personal Information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.
E. Government and Law Enforcement
We will cooperate with law enforcement and government entities in response to valid subpoenas or court order. We may share your Personal Information with individuals or private parties where necessary to enforce and comply with the law, to protect our property or legal rights, for the safety of the public or any person, to prevent harm, and to protect the security and integrity of our business.
F. Other
We may disclose your Personal Information to a third party to whom you consent or instruct us to provide your Personal Information.
6. Data Security
We have established information security practices and procedures designed to prevent unauthorized access to, acquisition of or use of Personal Information. We only provide access to customer Personal Information to employees or service providers who process or service transactions and fulfill compliance, legal or audit functions. Our computer systems utilize password protection designed to prevent access by unauthorized personnel, and we employ other physical, electronic and procedural safeguards to ensure the protection of Personal Information in accordance with federal and state data privacy and security laws and regulations.
7. De-identified or Aggregated Data
We may collect, use, disclose, and transfer de-identified or aggregated information that we receive or create for any purposes in our sole discretion, in compliance with applicable laws. We will not attempt to re-identify any de-identified information.
8. Third Party Websites and Services
For your convenience, the Site may link to, or be linked to, websites not maintained or controlled by Nicholas Co. This does not imply any affiliation with, or an endorsement, or promotion of a non-Nicholas Co. website or its owner. We are not responsible for the privacy policies or practices of any third-parties or any third-party websites. We recommend reading the terms and conditions and privacy policies for each website that you visit.
9. Children
The Site is not directed at children under 18 years of age. We do not knowingly collect, use, or disclose Personal Information from children under 18. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information.
10. Access From Outside of the United States
The Site is operated in the United States and is only intended for users located in the United States. If you access the Site from outside of the United States, please be aware that data we collect, including Personal Information, will be transferred to, processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. In addition, such data may be stored on servers located outside your resident jurisdiction and in jurisdictions which may have less stringent privacy practices than your own.
11. Contact Us
If you have any questions about this Policy or how we use your data, please contact us by:
Phone: 1-800-544-6547
Mail:
Nicholas Family of Funds
c/o U.S. Bank Global Fund Services
P.O. Box 219301
Kansas City, Missouri 64121-9301
12. Additional Information for California Residents
Under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, and its implementing regulations ("CCPA"), California residents have additional rights with regard to their Personal Information. We have provided a summary of those rights below. Please note that these rights are subject to certain exceptions under the CCPA. In the event of a conflict between this Section and the remainder of this Policy, this Section shall take precedence only for California residents. Certain capitalized terms not defined in this Policy have the meanings set forth in the CCPA.
Personal Information Disclosures
During the past 12 months, we have disclosed the following categories of Personal Information for a Business Purpose: Identifiers, Internet Activity and Financial Information.
In the past 12 months, we have not Shared or Sold your Personal Information.
Retention of Personal Information
We will only retain your Personal Information for as long as is necessary to fulfill the purpose for which it was collected.
In certain cases, we may have legal or regulatory obligations that require us to retain specific records for a longer period of time, such as where we are required to keep the information in in accordance with legal, tax and/or accounting requirements set by a legislature, regulator or other government authority.
Your California Privacy Rights
If you are a California resident, you may exercise the following rights with regard to your Personal Information, subject to certain limitations, such as (a) exceptions permitted by applicable law and (b) verification of your identity where required by law.
Rights to Know or Access Your Personal Information. You have a right to request that we provide you with the following information for the prior 12-month period:
• The specific pieces of Personal Information that we have collected from you;
• The categories of Personal Information we collected from you;
• The categories of sources from which the Personal Information was collected;
• The categories of third parties to whom we have disclosed your Personal Information;
• The categories of Personal Information that we Sold or Shared, if any, or which we disclosed for a Business Purpose and the categories of third parties to whom it was disclosed for a Business Purpose; and
• The Business or Commercial Purpose for collecting, Sharing, or Selling your Personal Information.
Right to Deletion. Subject to certain exceptions, you have a right to request that we delete the Personal Information we collected from you.
Right to Correct. You have a right to request that we correct your inaccurate Personal Information. If you request that we correct inaccurate Personal Information, we will use commercially reasonable efforts to correct it. If necessary, we may ask that you provide documentation showing that the information we retained is inaccurate.
Right to Data Portability. You may request a copy of the Personal Information you previously provided to us in a portable and, to the extent technically feasible, readily usable format.
Right to Non-Discrimination. You have a right to not receive discriminatory treatment for exercising any of your rights under the CCPA.
How to Exercise Your California Privacy Rights
To exercise your California Privacy Rights, you may submit your request to us by:
Phone: 1-800-544-6547
Mail:
Nicholas Family of Funds
c/o U.S. Bank Global Fund Services
P.O. Box 219301
Kansas City, Missouri 64121-9301
Who May Exercise Your Rights.
You may make a request to exercise your rights on your own behalf. You may also designate an authorized agent to make a request on your behalf by doing the following: (1) provide the authorized agent written permission to do so; and (2) verify your own identity (per the process stated below), as well as the identity of the authorized agent. We may deny a request from an authorized agent if we do not have proof that they are authorized by you to act on your behalf. A parent or legal guardian may make a request on behalf of their child.
Verifying a Consumer Request. In order to verify your request, you must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information, and you must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. To verify your identity, we may ask you to provide additional information. Any information you provide will only be used to verify your request. When seeking additional information from you, we may contact you through your account or the contact phone number or email address you provided in your request. If we cannot verify your identity, we may deny your request.
When We Will Respond. We will try to respond to your request within 45 days. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period.