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NYSARC Trust Services Privacy Policy

The Trustees of the NYSARC, Inc. Trusts and the NYSARC, Inc. Trust Services Department hereinafter collectively referred to as “NYSARC” recognize that each beneficiary of the NYSARC, Inc. Trusts and their authorized representatives, if any, expect(s) privacy and security for the non-public personal information that we collect from and/or about our beneficiaries.  This non-public personal information includes any and all data submitted to NYSARC on various forms including NYSARC, Inc. Community Trust Joinder Agreements, as well as all supporting documentation such as Powers of Attorney.  We fully understand the need to safeguard sensitive information about each beneficiary and we maintain standards and procedures designed to prevent misuse of information.

NYSARC collects, retains and uses information about you only to help us establish, fund and administer a trust account for your benefit.  We do not provide non-public personal information, to others who are not affiliated with NYSARC, unless we expressly receive your permission or permission from an authorized representative or unless we are required to do so by federal and/or state law.  For purposes of this Privacy Policy, an authorized representative may include: a parent, legal guardian, Attorney-In-Fact, Court and/or anyone authorized in the Joinder Agreement to speak with us.

In order to effectively administer our trust accounts, we gather information about our beneficiaries and/or their representatives in order to protect, properly identify and validate their identities.

Notice

It is our policy at NYSARC, Inc. to respect and protect the privacy of each beneficiary’s account information.  We may disclose information to third parties about a beneficiary’s account or the transactions that he or she may make, including deposits and disbursement requests in certain situation, for example:

  1. We may disclose your non-public personal information to complete a transaction that you or your authorized representative has authorized.  However, we will only disclose non-public personal information to the party/vendor involved in that particular transaction and we will inform the vendor that this non-public personal information is submitted for use and retention in connection with the vendor's business and financial records only and should not be further shared except with government agencies to which such vendor must report and/or which agencies have audit and record review authority over such vendor.  For example: We may disclose personal information to a cable company about a specific payment transaction if you have submitted a Disbursement Request Form and have requested that a payment be made to the cable company.
  2. We may find it necessary to disclose your non-public personal information in order to comply with a government agency or court order or if required by applicable law, rule or regulation.
  3. We may disclose your non-public personal information to other sources not affiliated with NYSARC if we receive written permission from you or your authorized representative, or if we are required to do so by federal and/or state law.
  4. We may disclose your non-public personal information to government agencies or officials charged with responsibility to administer means-tested programs of assistance for which you may apply or become eligible.

NYSARC will provide you with a copy of its privacy policy annually.  You will be notified immediately of any changes to the privacy policy in the event our practices in any way substantially expand the way we share non-public personal information from or about our beneficiaries.

Access

Please note that once a trust application and any supporting documentation, which contains non-public personal information, has been submitted to NYSARC, it becomes the property of NYSARC.  A beneficiary or an authorized representative may submit a written request for a copy of the information contained in his/her file, to the NYSARC Inc. Trust Services Department.

Please be advised that NYSARC has the sole and absolute discretion to grant or deny such requests; however, we will make a good faith effort to honor all written requests.

Security

To ensure that your non-public personal information remains confidential, we educate our employees about the importance of confidentiality and customer privacy through standard operating procedures and training programs.  We take appropriate disciplinary measures to enforce employee privacy practices.

Thank you for choosing to do business with us.  We recognize our obligation to keep the non-public personal information you provide to us secure and confidential. 

If you have any questions regarding this privacy policy, please contact the NYSARC, Inc. Trust Services Department.

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