Email and Text Policy

Email & SMS Communication Policy

Fiduciary Capital Management LLC

Registered Investment Adviser

1. Purpose

This Email and SMS Communication Policy establishes standards governing electronic communications, including email, text messaging (SMS), and other digital messaging platforms, to ensure compliance with:

The Investment Advisers Act of 1940
SEC Rule 204-2 (Books and Records Rule)
SEC Rule 206(4)-1 (Marketing Rule)
Rule 206(4)-7 (Compliance Rule)
Applicable state securities regulations

Electronic communications are considered business records and may be subject to regulatory review.

2. Scope

This policy applies to:

All Investment Adviser Representatives (IARs)
Associated persons
Employees
Contractors acting on behalf of Fiduciary Capital Management LLC

It governs communications conducted through:

Firm-issued email accounts
Firm-approved SMS/text platforms
Firm-approved messaging applications
Any device used to conduct firm business

EMAIL COMMUNICATION POLICY

3. Approved Email Use

All business-related email communications must be conducted through firm-approved email systems.
Personal email accounts may not be used to conduct firm business.
All firm emails are subject to monitoring, archiving, and supervisory review by Fiduciary Capital Management LLC.

4. Books and Records Retention (Rule 204-2)

Pursuant to SEC Rule 204-2:

All business-related electronic communications must be archived.
Emails related to advisory services, marketing, performance, recommendations, or client communications must be retained in accordance with regulatory requirements.
Deletion, alteration, or circumvention of retention systems is strictly prohibited.

5. Marketing & Advertising Restrictions (Rule 206(4)-1)

Emails that may constitute advertisements must:

Be pre-approved if required under firm procedures.
Avoid unsubstantiated performance claims.
Avoid testimonials unless compliant with the Marketing Rule.
Include required disclosures where applicable.

No employee or IAR of Fiduciary Capital Management LLC may distribute marketing content via email without required supervisory approval.

6. Prohibited Email Content

The following are prohibited:

Performance guarantees or promissory statements
Unapproved marketing materials
Trade instructions sent without proper documentation
Misleading, exaggerated, or unbalanced statements
Confidential client information sent without proper safeguards

SMS / TEXT MESSAGE POLICY

7. SMS Consent & Opt-In

Phone numbers collected for SMS communication purposes will not be shared with third parties or affiliates for marketing purposes.

Clients may opt-in to receive SMS communications from Fiduciary Capital Management LLC through:

Verbal consent
Online forms
Written forms
Client agreements

Consent records must be documented and retained.

8. Permitted Types of SMS Communications

If a client has consented to receive text messages from Fiduciary Capital Management LLC, communications may include:

Appointment reminders
Scheduling confirmations
Follow-up reminders
Administrative notifications

Example:
“Hello, this is a reminder of your appointment with Fiduciary Capital Management LLC on [Date] at [Time]. Reply STOP to opt out.”

SMS messages must not contain:

Investment recommendations
Performance discussions
Account-specific financial advice
Trade instructions
Confidential financial data

9. Message Frequency

Message frequency may vary depending on communication type. Clients may receive periodic administrative messages related to scheduling or account servicing.

10. Potential Fees

Standard message and data rates may apply depending on the recipient’s carrier plan. Fiduciary Capital Management LLC is not responsible for carrier-imposed charges.

11. Opt-Out & Help

Clients may opt out at any time by replying STOP to any SMS message.
For assistance, clients may reply HELP or contact Fiduciary Capital Management LLC directly.

12. SMS Archiving & Supervision (Rule 204-2)

All SMS communications conducted for business purposes must occur through firm-approved, archivable platforms.
Use of personal devices or unapproved texting platforms for firm business is prohibited.
SMS communications are subject to monitoring and retention by Fiduciary Capital Management LLC.

Failure to use approved systems may result in disciplinary action.

PRIVACY & SECURITY DISCLOSURES

Electronic communications, including email and SMS:

May be monitored and retained as required by law.
Are not guaranteed to be secure or error-free.
May be subject to delay or interception.

Fiduciary Capital Management LLC advises clients not to use email or SMS to:

Place trade orders
Authorize fund transfers
Change account instructions
Provide time-sensitive financial instructions

Clients must contact the firm directly via approved channels for such requests.

DATA USE & PRIVACY

Fiduciary Capital Management LLC collects and uses personal information:

To provide advisory services
To respond to client inquiries
To fulfill regulatory obligations
As otherwise described in the firm’s Privacy Policy

Personal information collected via SMS will not be sold or shared for marketing purposes.

Compliance Oversight & Violations

All electronic communications are subject to supervisory review.

Violations of this policy, including:

Use of unapproved communication channels
Failure to archive communications
Marketing Rule violations
Unauthorized trade instructions

Violations may result in disciplinary action, up to and including termination.