TERMS AND CONDITIONS 

Use of site 

Your use of this site is provided on an “AS IS” and “AS AVAILABLE” basis. To the full extent permitted under applicable law, Vista Alta Advisors LLC expressly disclaims all warranties of any kind, whether expressed or implied INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  

We make no warranty that: 

• This site will meet your requirements. 

• This site will be uninterrupted, timely, secure, or free of viruses, errors, omissions, or other harmful components. 

• The results that may be obtained from the use of this site will be accurate or reliable. 

• The quality of any information or other materials obtained by you through this site will meet your expectations. 

• Any errors or omissions on this site will be corrected. 

• The data and materials presented or displayed on this site are correct, complete, accurate, or reliable. 

Any content or data downloaded or otherwise obtained through the use of this site is done at your own discretion and risk. Further, you agree that any such information will be used for non-commercial, personal use only, and that you will retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post any content for public or commercial purposes without our consent. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. 

Links to material on other sites 

We are not responsible for the collection, use or security of information by companies or organizations outside of Vista Alta Advisors LLC that may be linked to our websites. Links to non- Vista Alta Advisors LLC sites, when provided, are for convenience only and are accessed at your own risk. The information available on these sites has been produced by unaffiliated third parties and we do not guarantee its timeliness, sequence, accuracy, adequacy or completeness and make no warranties with respect to results to be obtained from its use. Any opinions or recommendations expressed therein are solely those of the third party information providers and are not the opinions or recommendations of Vista Alta Advisors LLC. No endorsement of third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to this website. Under no circumstances should the information be construed as an offer to sell or solicitation of an offer to buy a particular security. Clients and prospective clients are encouraged to read our Privacy Policy and Form ADV II A (Firm Brochure), both available through the use of links provided on our website. 

1. PRIVACY POLICY 

PRIVACY OF CONSUMER INFORMATION 

Effective November 13, 2000, the SEC adopted Regulation S-P covering Privacy of Customer Financial Information.  Regulation S-P requires that Vista Alta Advisors LLC, adopt and maintain written supervisory procedures that comply with Regulation S-P and serve to protect the privacy of customer data.   

Regulation S-P requires that Vista Alta Advisors LLC, provide each client with a Privacy Notice. In addition, where Vista Alta Advisors LLC discloses “nonpublic personal information” about clients outside of certain permitted exceptions (chiefly related to the needs of the business) Vista Alta Advisors LLC must obtain the client’s prior written permission. 

1. Who Is Protected? 

The regulation protects only individuals; thus, trusts, partnerships and corporations are not protected.  Beneficiaries of trusts, 401(k) participants, and shareholders of corporations or partners of partnerships are not protected.  IRA beneficiaries are protected since they are individuals.  Institutional investors are not covered by the regulation and no disclosures are required to be made to institutional customers or consumers. 

The Regulation protects “Consumers” and “Customers.”  A “Consumer” gets Notice protection if Vista Alta Advisors LLC starts to disclose that Consumer’s “Nonpublic Personal Information” (NPI) to “non-affiliated third parties” (NTP).  A “Customer” always gets Notice protection. 

“Consumer” is defined as any individual who obtains a financial product or service from Vista Alta Advisors LLC for personal purposes.  The Regulation clearly states that a Consumer includes any individual who provides NPI in requesting brokerage or investment advisory services.  If the person is simply requesting a prospectus or brochure and has not actually applied, he/she is not a protected Consumer.  Also that person is not a Consumer if his/her account is with another broker-dealer who has set up an “omnibus account” with Vista Alta Advisors LLC and doesn’t routinely provide information to Vista Alta Advisors LLC.  Or, if that person has purchased shares in an investment company held in the name of a brokerage firm, he/she is not a Consumer of that investment company. 

“Customer” is defined as a Consumer who has established a “continuing relationship” with Vista Alta Advisors LLC under which Vista Alta Advisors LLC provides one or more financial products or services, such as establishing a brokerage account or signing an investment advisory contract. 

“Affiliate” is a term used throughout the Regulation.  An “affiliate” of any person or firm is defined as an individual or entity (corporation, partnership, L.L.C., trust, or other entity, etc.)  “controlled by, controlling or under common control with” the person or firm.  “Control” is defined as the power to exercise a controlling influence over management or policies of another, whether by contract or otherwise.  Ownership of over 25% of a company’s voting securities establishes a presumption of “control.” 

The definition of “affiliate” is important because the Regulation permits sharing of information among “affiliated third parties” but restricts sharing with “non-affiliated third parties” (NTPs).

2. What Is Protected? 

With certain exceptions set forth below, Vista Alta Advisors LLC is required to protect “Nonpublic Personal Information” defined as “Personally Identifiable Financial Information” (“PIFI”) acquired from the Consumer PLUS any list, description or other grouping of Customers derived from using any PIFI.  Personally Identifiable Financial Information is defined as any information provided by a Consumer to Vista Alta Advisors LLC in order to obtain a financial product or service OR information about that Consumer resulting from any transaction between Vista Alta Advisors LLC and that Consumer OR information otherwise obtained by Vista Alta Advisors LLC in connection with providing a financial product or service to that Consumer. 

In general, PIFI would include all information of a personal nature supplied on account applications, questionnaires and other information provided in order to obtain accounts, obtain credit, enter into advisory or other relationships, etc.  

NPI does not include information that Vista Alta Advisors LLC has taken steps to verify and reasonably believes could lawfully be obtained from federal, state or local government records, widely distributed media (telephone book, television or radio program) or disclosures to the general public required to be made by federal state or local law. 

NPI that can be lawfully obtained from a website available to the general public is not protected, even though the website operator requires a fee or password. 

In addition, regulation S-P protects account number information.  The Regulation (with certain exceptions) prohibits Vista Alta Advisors LLC under any circumstances from disclosing to any NTP other than a consumer reporting agency, a Consumer account number or similar form of access number or access code for a credit card account, deposit account or transaction account if such disclosure is for use in telemarketing, direct mail marketing or other electronic mail marketing.  It is the responsibility of Vista Alta Advisors LLC to obtain the assurance of every NTP in advance of disclosure that any such account information is not being used for this purpose.  The exceptions are as follows:  (a) where the NTP is an agent or service Adviser engaged in these activities on behalf of Vista Alta Advisors LLC, as long as the agent or service Adviser has no authority to initiate any charges in the account or (b) an account number of similar form of access number or code in encrypted form as long as Vista Alta Advisors LLC does not provide the recipient with the means to decrypt the number. 

Regulation S-P also controls “re-disclosure and reuse.”  Any NPI received by Vista Alta Advisors LLC from a “non-affiliated financial institution” may not be directly or indirectly disclosed by Vista Alta Advisors LLC to any NTP unless that disclosure would be lawful if made directly by the “non-affiliated financial institution” to the NTP (including disclosures allowed by the Exceptions set forth below).  Similarly, the NTP may not re-disclose that information unless such re-disclosure would be lawful if made directly by Vista Alta Advisors LLC. 

Regulation S-P specifically requires the Privacy Notice to state that Vista Alta Advisors LLC may disclose NPI about former Customers as well as current ones.  The Regulation does not require that a Privacy Notice be provided to any former Customer. 

VISTA ALTA ADVISORS LLC AS A POLICY DOES NOT DISCLOSE ANY CONSUMER OR CUSTOMER NON-PUBLIC INFORMATION TO NON-RELATED THIRD PARTIES OTHER THAN IN CONTROLLED CIRCUMSTANCES AS SPECIFICALLY ALLOWED BY REGULATION S-P. 

3. How Is It Protected? 

With certain exceptions, Vista Alta Advisors LLC may not disclose NPI of any Consumer to any NTP without prior notice and consent by the Consumer.  An NTP is any person, firm or corporation that is not controlled by, controlling or under common control with Vista Alta Advisors LLC.   

NOTE:  if any other government regulator treats Vista Alta Advisors LLC as an “affiliate” of a company regulated by it, then Vista Alta Advisors LLC is also an “affiliate” of that company for purposes of regulation S-P and may disclose NPI to that company. 

Exceptions.  There are Exceptions that allow Vista Alta Advisors LLC to disclose Consumer NPI to persons or firms that are NTPs without prior permission.  The disclosure of NPI under any of the circumstances set forth below shall only be made by Vista Alta Advisors LLC after review and approval by the CCO.  The exceptions are as follows: 

• The NPI is necessary to service or process a transaction or a financial product or service requested or authorized by the Consumer or Customer.  The NTP must be under contract with Vista Alta Investments LLC designed to ensure that the NTP will (1) maintain confidentiality of the information to the same degree as Vista Alta Advisors LLC and (2) will use the information solely for the purposes disclosed; 

• The NPI is necessary to provide some ancillary recording or reporting of the transaction, product or service, account maintenance, confirmation, accruing fees or bonuses, etc.; 

• The NTP has a legal or beneficial interest relating to the Consumer or Customer or is acting in a fiduciary or representative capacity; 

• The disclosure is for the purpose of protecting the confidentiality or security of Vista Alta Advisors LLC’s records, or to prevent potential or actual fraud, unauthorized transactions, claims or other liability, for institutional risk control or resolving customer disputes or inquiries; 

• The disclosure is to provide information to insurance rate advisory organizations, guaranty funds or agencies, agencies rating Vista Alta Advisors LLC, assessing compliance with industry standards, attorneys, accountants and auditors of Vista Alta Advisors LLC; 

• Subject to the Right to Financial Privacy Act, the disclosure is to a law enforcement agency, regulator, self-regulatory agency or in a public safety investigation; 

• The disclosure is to a consumer reporting agency in accordance with the Fair Credit Reporting Act, or from a consumer report prepared by such an agency; 

• The disclosure is in connection with a proposed sale, merger or transfer of a business unit, limited to NPI about Customers of such unit; 

• The disclosure is to comply with federal, state or local laws, rules or regulations, including requirements of self-regulatory organizations or a subpoena or judicial process; or 

• The NPI is provided under a contract with the NTP (a) requiring the NTP to maintain the same level of confidentiality as is required of Vista Alta Advisors LLC and (b) limits any exceptions to those listed above. 

4.  Notice Requirements 

Initial Privacy Notice Requirement.  The Regulation requires Vista Alta Advisors LLC to provide an Initial Privacy Notice to (a) every Customer at all times and (b) every Consumer where Vista Alta Advisors LLC intends to disclose that Consumer’s NPI to any NTP under any non-exempt circumstances.  Each recipient must also have been provided with a “reasonable” time to “opt out” or not.  See the Forms Section for a sample Privacy Notice. 

The Initial Privacy Notice must be provided to the Customer, with certain exceptions, AT OR BEFORE the time Vista Alta Advisors LLC establishes the Customer relationship and to the Consumer BEFORE Vista Alta Advisors LLC makes any disclosures of that Consumer’s NPI to a NTP.  The Initial Privacy Notice may be provided in written or electronic form (if the Consumer or Customer is able to acknowledge receipt electronically). 

The exceptions are as follows:  The Initial Privacy Notice may be provided at a “reasonable” later time where (a) the Customer relationship has been established without the Customer’s knowledge or consent; (b) where to provide the Notice would substantially delay the Customer’s transaction and the Customer has agreed to receive the Notice at a later date; or (c) where the NTP establishes an account or purchases securities on behalf of the Customer. 

Joint Notices. The regulation allows Vista Alta Advisors LLC, if it chooses, to make arrangements with a third party such as a broker-dealer, affiliate, service or product Adviser or other financial institution to deliver a joint notice covering NPI obtained by the Company and the other notifying entity or entities.  The Notice must clearly identify the Company as one of the Notice Advisers.  Also, the Notice must clearly cover the kinds of NPI possessed by the Company.  Vista Alta Advisors LLC’s CCO shall note the use of any joint notice in maintaining records of individuals that “opt out.” 

In the case of joint accounts, Notices need be provided only to one account holder.  Each account holder must have the right to “opt out.”  Also, individuals living in the same household can receive only one Notice as long as SEC regulations allow them to receive only one prospectus or other disclosure document. 

Once provided to a particular individual, the Initial Privacy Notice does not have to be provided again every time a new product or service is obtained by that individual, as long as the Initial Privacy Notice and any subsequent Annual Privacy Notices (see below) are current and accurate as to that product or service. 

Vista Alta Advisors LLC requires that the Initial Privacy Notice be provided in writing and acknowledged in writing by each Customer at the time the account is opened or agreement is signed and that a copy of such acknowledgment be included with the Customer’s account records.  In the case of Consumers who are not Customers, Vista Alta Advisors LLC follows a similar procedure specified by the designated Principal. 

“Opt Out” Provision.  Vista Alta Advisors LLC’s Privacy Notice advises each Customer or Consumer as to NPI that may be disclosed unless there is an objection.  Included in the Privacy Notice is a place where the Customer or Consumer can object or “opt out” by notifying Vista Alta Advisors LLC that he/she does not want all or part of the NPI to be disclosed.  

By signing the Privacy Notice the Customer or Consumer signifies that he/she wished to “opt out” of any disclosures by Vista Alta Advisors LLC of any or all categories of NPI specified in the Notice. The “opt out” is ongoing and can be changed by the Consumer or Customer at any time in writing.  Where Vista Alta Advisors LLC changes any NPI category, a new Notice and “opt out” option must be provided to the Customer or Consumer. 

Neither a Customer nor a Consumer may “opt out” of the exceptions to NPI disclosure described above.  These exceptions are noted in Vista Alta Advisors LLC’s Privacy Notice. 

The Privacy Notice must include the disclosure that NPI may be shared among affiliated entities, in compliance with the notice requirements of Section 603 of the Fair Credit Reporting Act, and that the Consumer may “opt out” of this sharing provision. 

Annual Privacy Notice.  Vista Alta Advisors LLC is required to provide an Annual Privacy Notice to each Customer every 12 months, giving that Customer an opportunity to “opt out” within a reasonable time of receiving the Notice.  The Annual Privacy Notice may be delivered over Vista Alta Advisors LLC’s website if the Customer agrees in advance.  Once he/she ceases to be a Customer, no further Notice is required. 

5.   Books and Records Requirement 

The Initial Privacy Notice must not only be provided to the individual, but in the case of Customers it must be furnished so that a copy can be retained or obtained at a later time, either by mailing or delivery in written form or electronically by access to a website.  Vista Alta Advisors LLC places a copy of the executed Notice in the Customer’s account records.  Each “opt out” choice is perpetual unless affirmatively revoked by the recipient. 

Where applicable, Vista Alta Advisors LLC maintains records pertaining to customers’ “Privacy Choices” and records of all “opt out” choices.  The record is maintained by the designated Principal.  Further, Customer “opt out” choices are noted in that Customer’s account records.   

6.   Superseding Authorities 

Regulation S-P does not supersede, alter or affect any state law or regulation that provides protection that is greater than that created by Regulation S-P.  Accordingly, Vista Alta Advisors LLC should be aware of comparable provisions in states where it is doing business.  Similarly, Regulation S-P does not modify, limit or supersede the Fair Credit Reporting Act (15 U.S.C. 1681), particularly Section 603 that allows companies to provide selected credit information to lenders. 

FORM ADV  http://www.adviserinfo.sec.gov/IAPD/default.aspx 

DISCLOSURES  

Vista Alta Advisors LLC (“VAA”) is a registered investment adviser located in Coral Gables, FL. VAA and its representatives are in compliance with the current filing requirements imposed upon SEC-registered investment advisers. VAI may only transact business in those states in which it is registered or qualifies for an exemption or exclusion from registration requirements. VAA’s website is limited to the dissemination of general information pertaining to its advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of VAA’s website on the Internet should not be construed by any consumer and/or prospective client as VAA’s solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. Any subsequent, direct communication by VAA with a prospective client shall be conducted by a representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides. 

For information pertaining to the registration status of VAA, please contact the SEC (or check online at www.adviserinfo.sec.gov.), or the state securities regulators for those states in which VAA maintains a notice filing. A copy of VAA’s current written disclosure statement discussing VAA’s business operations, services, and fees is available from VAA upon written request. 

Past performance may not be indicative of future results. Therefore, no current or prospective client should assume that future performance of any specific investment or investment strategy (including the investments and/or investment strategies recommended or undertaken by VAA) made reference to directly or indirectly by VAA in its website, or indirectly via a link to an unaffiliated third party website, will be profitable or equal the corresponding indicated performance level(s). Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client or prospective client’s investment portfolio. Historical performance results for investment indices and/or categories generally do not reflect the deduction of transaction and/or custodial charges, the deduction of an investment management fee, nor the impact of taxes, the incurrence of which would have the effect of decreasing historical performance results of those indices. 

Different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by VAA), will be profitable or equal any historical performance level(s). 

Each client and prospective client agrees, as a condition precedent to his/her/its access to VAAs website, to release and hold harmless VAA, its officers, directors, owners, employees and agents from any and all adverse consequences resulting from any of his/her/its actions and/or omissions which are independent of his/her/its receipt of personalized individual advice from VAA.

No investment decisions shall be made solely on the basis of the information provided on the Website. 

You understand and agree that this site should not be deemed as an offer to buy or sell any securities. Information on our website should not be acted upon without obtaining specific advice from a licensed professional regarding the readers own situation or concerns.