Disclosure

General

By using this website (the “Website”), you agree to be bound by the terms and conditions set forth in these Terms of Use. The products and services available through the Website may be subject to the terms and conditions of an agreement between you and GETCO, LLC™ or its affiliates ( collectively, “GETCO, LLC”), and are not available to anyone other than pursuant to an agreement. In the event that any of the terms and conditions contained herein conflict with the terms of any agreement, the terms of the agreement shall control.

DISCLOSURES FOR AMERICAS

Getco Execution Services LLC (“GES” or “Firm”) is required to provide you with the following disclosures.

SECURITIES INVESTOR PROTECTION CORPORATION

GES is a member of the Securities Investor Protection Corporation (“SIPC”), which protects securities customers of its members up to $500,000 (including $250,000 for claims for cash). Explanatory brochure available upon request or at www.sipc.org.

FINRA PUBLIC DISCLOSURE PROGRAM (FINRA RULE 2267)

FINRA’s BrokerCheck Hotline provides certain information regarding the disciplinary history of FINRA members and their associated persons in response to written inquiries, electronic inquiries, or telephonic inquiries via FINRA’s (1) toll-free telephone listing (1-800-289-9999), or (2) website (www.finra.org). Additionally, FINRA has prepared an investor brochure that includes information describing BrokerCheck.

MONTHLY EXECUTION QUALITY (SEC RULE 605)

In November 2000, the Securities and Exchange Commission (SEC) adopted Exchange Act Rule 605 (formerly 11Ac1-5), which requires “market centers” that trade national market system securities to make available standardized, monthly reports containing statistical information about “covered order” executions. Rule 605 is intended to promote visibility and competition in order execution quality, particularly with respect to execution price and speed. The rule requires, among other things, that the reports be prepared in an electronic format available for downloading from an Internet website that is free and readily accessible to the public.

Download GES 605 Monthly Execution Quality Reports.

ORDER ROUTING INFORMATION (SEC RULE 606)

Securities and Exchange Commission (“SEC”) Rule 606 requires broker-dealers that route customer orders in equities and option securities to publish quarterly reports that provide a general overview of their routing practices. In this report, the venues to which non-directed customer orders were routed for execution must be disclosed, as well as the nature of any relationship the broker-dealer has with each venue. Upon request, broker-dealers also must disclose to customers the venues to which their individual orders were routed.

Download GES 606 Quarterly Order Routing Reports.

PAYMENT FOR ORDER FLOW (SEC RULE 607)

SEC Rule 607 requires a broker-dealer that acts as agent for a customer to disclose, upon opening a new account and on an annual basis thereafter, the Firm’s policies regarding receipt of payment for order flow and policies for determining where to route customer orders that are the subject of payment for order flow. The Firm’s policies regarding payment for order flow and customer routing policies can be found in the Disclosure of Order Routing Information section.

Material Aspects disclosures and Payment for Order Flow disclosures can be found in the Rule 606 Quarterly Report. Download GES 606 Quarterly Order Routing Reports.

BUSINESS CONTINUITY

The Firm must disclose to its customers how its business continuity plan addresses the possibility of a future significant business disruption and how the member plans to respond to events of varying scope.

The Firm’s business continuity plan disclosure can be found in the Business Continuity Plan section.

ANTI MONEY LAUNDERING

To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify and record information that identifies each person who opens an account or establishes a customer relationship with the Firm. A corporation, partnership, trust or other legal entity may need to provide other information such as its principal place of business, local office, employer identification number, certified articles of incorporation, government-issued business license, a partnership agreement or a trust agreement.

PRIVACY POLICY (SEC REGULATION S-P)

In the course of conducting business with GES, clients typically share certain personal and financial information with GES and its affiliates. GES treats this information as confidential and recognizes the importance of protecting it. Additional information can be found in the Privacy Policy section.

ADDITIONAL DISLCOSURES

Terms of Use

Annual Customer Notification Disclosure of Order Routing Information

Pursuant to SEC Rule 606, GETCO Execution Services, LLC (“GES”) is providing this annual notification to its customers of the availability of certain information regarding the routing of their orders for execution.

In accordance with Rule 606, GES makes available its quarterly reports providing statistical information about its routing practices with respect to non‐directed customer orders in U.S. exchange‐listed equity securities and options. Each report is posted within one month after the calendar quarter reported. The purpose of the report is to provide the public with information on how broker‐dealers route these orders, enable the evaluation of order routing practices, and foster competition among market participants. Each customer may request a written copy to be mailed to them at no charge.

In addition to the quarterly reports, information about the identity of the venue to which a customer’s individual orders were routed for execution, whether such orders were directed or non-directed, and the time of any transactions resulting from such orders, is available upon request for the prior six months trading activity.

Pursuant to SEC Rule 607, GES is required to disclose whether we receive compensation or “payment for order flow” for directing client orders for execution to certain dealers, exchanges or market centers. GES routes customer orders to national securities exchanges, ATSs, including electronic communications networks (“ECNs”), and other market centers, some of which offer cash credits for orders that provide liquidity to their books and charge explicit fees for orders that extract liquidity from their books, or vice versa.

Price, the availability of liquidity, execution speed, transaction costs, and opportunities for price improvement are some of the factors that GES takes into consideration when determining where to route customer orders in attempts to provide the best execution for customer orders. GES regularly monitors the quality of the executions provided by all market centers to which customer orders are routed to ensure those market centers are providing the best execution reasonably available under the circumstances.

Additional information regarding these disclosures will be provided upon written request and certain order routing information including material aspects of relationship with venues and nature of compensation received is available on the Rule 606 section of the GES website.

Please direct all inquiries to your sales representative.

Order Routing Information Disclaimer

The information and data provided herein (the “Reports”) are the property of GETCO Execution Services LLC (“GES”) and cannot be redistributed in any form or manner without the prior written consent of GES.

GES has prepared the Reports solely for informational purposes and consistent with Rules 605, 606 and 607 under Regulation NMS (the “Disclosure Rules”). The information provided in the Reports is not intended to, and does not, encompass all the factors to be considered in a best execution analysis and related order routing determinations.

The disclosures required by Rule 605 do not encompass all of the factors that may be important to Clients in evaluating the order routing services of a broker-dealer. In addition, any particular market center’s statistics will encompass varying types of orders routed by different broker-dealers on behalf of customers with a wide range of objectives. Accordingly, the statistical information required by Rule 605 alone does not create a reliable basis to address whether any particular broker-dealer obtained the most favorable terms reasonably available under the circumstances for customer orders.

To provide a more complete explanation of GES’s performance as a market center and order router, the Reports may contain information that supplements the information required by the Disclosure Rules.

GES does not represent, warrant, or guarantee that the Reports are accurate. GES disclaims liability for any direct, indirect, punitive, special, consequential, or incidental damages related to the Reports or the use of the Reports. The information provided in the Reports may be impacted by market data system outages or errors, both internal and external, and it is dependent upon the integrity and accuracy of data provided by outside sources. Certain assumptions have been made in preparing the Reports, and changes to the assumptions may have a material impact on results. The Reports do not endorse or recommend any particular security or market participant.

This disclaimer applies to the Reports in their entirety, irrespective of whether the Reports are used or viewed in whole or in part, and may be reviewed at any time by accessing the “Disclosures and Disclaimers” link on the website where the Reports are made available.

Business Continuity Plan

GETCO Execution Services, LLC (“GETCO”) is committed to protecting the interests of its clients in the event of a business disruption and has developed a Business Continuity Plan that addresses how the company will respond to events that may significantly disrupt its business. No contingency plan can be failsafe or provide absolute assurance that an interruption in business will not occur or that negative consequences will not ensue from a crisis or event. Nevertheless, it is important that GETCO is flexible in responding to events that cause unforeseen business interruptions. Below is a summary of our Business Continuity Plan intended to illustrate our efforts to reduce risks associated with business disruptions.

Contacting Us – Should there be a significant business disruption, clients are encouraged to visit our website or call your representative.

Our Business Continuity Plan – GETCO maintains and operates its own contingency facilities geographically located to diminish risks posed by local interruptions. We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the firm’s books and records, and allowing our customers to transact business. In short, our Business Continuity Plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.

Our Business Continuity Plan addresses key areas of concern including, but not limited to, data backup and recovery; mission critical systems; financial and operational assessments; alternative communications with customers, employees, and regulators; alternate physical location of employees; critical business constituents, bank and counterparty impact; regulatory reporting; and assuring our customers prompt access to their funds and securities if we are unable to continue our business. Please be advised that business continuity plans are subject to change and modification without notice. GETCO intends to update and test its Business Continuity Plan as business conditions and technology change.

Certain client accounts are carried by Wedbush Securities, Inc. (“Wedbush”). For additional business continuity information about Wedbush please refer to:

https://www.mysecuritiesaccount.com/inside/Pdfs/BCPCorrespondentDisclosure.pdf.

Varying Disruptions – Significant business disruptions can vary in their scope, such as only GETCO, a single building housing our firm, the business district where our firm is located, the city where we are located, or the whole region. Within each of these areas, the severity of the disruption can also vary from minimal to severe. In a disruption to only our firm or a building housing our firm, we will transfer our critical operations to an alternate site when needed and expect to recover and resume business as soon as possible. In a disruption affecting our business district, city, or region, we will transfer our critical operations to a site outside of the affected area, and recover and resume business as soon as possible. In either situation, we plan to continue business, transfer operations to our clearing firm if necessary, and notify you through e-mail, phone, or website with information regarding how to contact us. If the significant business disruption is so severe that it prevents us from remaining in business, we will assure our customer’s prompt access to their funds and securities.

For more information – This document provides an overview of the firm’s Business Continuity Plan. If you have questions, please contact your representative.

Privacy Policy Statement

As a Subscriber of GETCO Execution Services LLC™ (“GES”) and by utilizing the products and services that are available through GES™, you have consented to the collection and use of your personal information in accordance with the privacy policies set forth below. We encourage you to read this privacy policy carefully.

Importance of Privacy. The security and confidentiality of personal information is critically important to GES. With this in mind, GES has developed specific policies and practices that are designed to protect the privacy of our Clients’ personal information. The most important of these policies and practices is that GES does not sell or license information about GES’s Clients to third parties, nor do we sell Client lists or Client e-mail addresses to third-party marketers.

Collection of Personal Information. GES may collect certain personal, non-public information from you in connection with providing our services, operating this website, and complying with regulatory requirements. This includes collecting information that (i) you provide during the GES Client application process; (ii) you provide to GES via the website; and (iii) you choose or may be required to share with us as a Client.

Although GES does not sell or license your information to third parties, GES uses the personal, nonpublic information to service your account. In doing so, we may share such information with our employees, agents, and affiliates as appropriate.

Protection of Your Personal Information. To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. The measures include:

  • We do not sell or license lists of our Clients or the personal, non-public information that you provide to us.
  • Policies that prohibit employees with access to your personal, non-public information from using or disclosing such information except for business purposes.
  • Internet-based systems include security measures such as encryption and firewalls.
  • Secured files and buildings.
  • We do not disclose personal, nonpublic information to individuals or entities that are not affiliated with GES, except 1) third parties or subcontractors that are subject to a nondisclosure agreements and disclosure is necessary to facilitate the performance of the trading services; 2) as permitted by our Client; or 3) as provided by law.

Use of “Cookies”. When you visit our website we may store some information on your computer. This information will be in the form of a “Cookie” or similar file and can help us in many ways. For example, Cookies allow us to tailor a website to better match your interests and preferences. “Cookies” do not identify you individually nor do they contain personal information about you. GES may share information obtained from Cookies with its employees, agents and affiliates, but does not sell such information to unaffiliated third parties. GES may permit other companies or their third party ad servers to set Cookies on your browser when you visit GES’s website. Such companies generally use these Cookies as we do. With most Internet browsers, you can erase Cookies from your computer hard drive, block all Cookies or receive a warning before a Cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.

Contact Us. If you have any questions about these policies, please contact legalus@getcollc.com.