Privacy & Personal Information Policy - California

SmartPath, Inc. (“SmartPath”, “we”, “us”, or “our”) understands that your privacy is an important concern, especially for a personal finance site. SmartPath is committed to protecting the privacy of all of our users. This Privacy and Personal Information Security Policy explains how SmartPath uses, shares, and protects the information you provide to us through our websites.
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This notice is provided to residents in the State of California in compliance with the California Consumer Privacy Act (CCPA). It is intended to supplement and support the SmartPath Privacy and Personal Information Security Policy, which details how we collect, use, disclose (share), and protect the information you provide to us through our websites and our services.

Last Updated: June 14, 2023

1. Your Consumer Privacy Rights

As a resident in the State of California, you have the following rights under CCPA:

Right to Know: You have the right to know what personal information we collect about you, the purpose(s) for which we collect that information, how we use it, and to whom we share that data.
Right to Delete: You have the right to direct us to delete any unnecessary or extraneous personal information we collect from or hold about you.
Right to Opt Out: You have the right to not have your personal information disclosed to (shared with) third parties.
Right to Non-Discrimination: You have the right to not be discriminated against if you choose to exercise your privacy rights.

2. How we use and share your Personal Information.

“Personal Information” refers to any non-public information that can identify you, including information and data that you provide to us through the websites www.JoinSmartPath.com and OnSmartPath.com. Personal Information may include, without limitation, your name, your alias, phone number, mailing address, email address, login-information, identification numbers, online identifiers, and other identifiers of you. We may use your Personal Information, and/or share your Personal Information with third-parties subject to such third-parties agreeing to comply with applicable privacy laws, for the following purposes:

To fulfill your requests for our products, services, and applications;
To provide access to our accounts, transaction history, and other information related to our products, services, and applications;
To communicate with you;
To improve our sales and marketing;
To improve and/or develop our products and services;
To enable our business affiliates, partners, contractors, and/or contracted third-parties to improve and/or develop their products and services;
To provide aggregate reporting, in a non-personally identifiable way, to third-parties;
In the event you are part of an employer or third party sponsored plan, to provide your name, employer identification number, participation levels, participation dates, and/or other standard information about your participation in our plans/programs to such employer or such third-party;
In conjunction with a sale of our company or our assets, in which case, we may transfer some or all of the Personal Information to the acquiring company;
To comply with law enforcement, applicable law, and when disclosure is required by a court, government agency, or regulator;
In any manner consented by you in writing;
To enforce our Terms of Use; and/or
As otherwise set forth in this Privacy and Personal Information Security Policy.

3. Sharing of Personal Information with Third Parties

We share your Personal Information to our third-party vendors and business partners for the following purposes:

To enable our business affiliates, partners, contractors, and/or contracted third-parties to improve and/or develop their products and services;
To provide aggregate reporting, in a non-personally identifiable way, to third-parties;
In the event you are part of an employer or third party sponsored plan, to provide your name, employer identification number, participation levels, participation dates, and/or other standard information about your participation in our plans/programs to such employer or such third-party;
In conjunction with a sale of our company or our assets, in which case, we may transfer some or all of the Personal Information to the acquiring company;
To comply with law enforcement, applicable law, and when disclosure is required by a court, government agency, or regulator;
To troubleshoot or provide technical support on our online services.

4. We will take reasonable steps to keep your Personal Information safe.

We take reasonable steps to keep your Personal Information safe from loss, unauthorized activity, or other misuse. We implement measures to ensure a level of security appropriate to risks inherent in handling your Personal Information. All of the Personal Information submitted to us is secured using bank-grade 256-bit SSL in a secure datacenter. Even with all of the security measures we do have in place, the nature of the Internet and its methods of data transmission means that we cannot guarantee or warrant the security of Personal Information or any other information or data.

5. Exercising Your Consumer Privacy Rights

Under CCPA you have the right to know about the Personal Information we collect about you, and to whom we disclose this data. You may formally request us to disclose: (i) what Personal Information we have about you, (ii) the types of Personal Information we are collecting from you, (iii) what we do with that Personal Information, (iv) to delete your Personal Information, and (v) not to sell your Personal Information.

You can exercise your request rights yourself or through an authorized agent by contacting us by email to: support@joinsmartpath.com, Subject: SmartPath Privacy Policy. If you choose to exercise such rights, you have the right to not to receive discriminatory treatment or a lesser degree of service from us.

5a. Right to Know

Under this Right, you may submit a formal request to us asking for the types of Personal Information we have collected from and about you. This includes any Personal Information we may have collected about you through any of our third-party service providers or vendors, such as:

The categories of personal information SmartPath has collected about you.
The categories of sources from which SmarthPath collected the personal information.
SmartPath’s business or commercial purpose for collecting or selling personal information.
The categories of third parties with whom SmartPath shares personal information.
The specific pieces of personal information SmartPath has collected about that consumer.

Additionally, you also have the right to know the following:

The categories of personal information that SmartPath has disclosed or shared about you, and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was disclosed or sold.
The categories of personal information that SmartP|ath disclosed about you for a business purpose.

We will provide you with a listing of the Personal Information, the third parties with whom we share that data, and the purpose of that disclosure. This applies to only the Personal Information we have collected, used, shared, and stored within the last twelve (12) months. Additionally, we may provide personal information to a consumer at any time, but under law are not required to provide personal information to a customer more than twice in a 12-month period.

Under CCPA, the Personal Information may be delivered by mail or electronically, and if provided electronically, the information shall be in a portable and, to the extent technically feasible, readily useable format that allows you to transmit this information to another entity easily.

Please make your request in writing and provide your contact information so that we may respond to your request. Once received we have up to forty-five (45) days under CCPA to provide you with the information you request. However, if your request is extensive and will take considerably more time to process, we are permitted up to an additional ninety (90) days under CCPA to fulfill your request.

5b. Right of Deletion

You have the right to direct us to delete any extraneous or unnecessary Personal Information we have collected about you. This includes any Personal Information that we have collected or shared with our third-party vendors to provide you with our services. This does not, however, apply to any Personal Information you provide that is required to use our services.
Please make your request in writing and provide your contact information so that we may respond to your request. Once received we have up to forty-five (45) days under CCPA to process your request to delete your Personal Information. However, if your request involves a considerable amount of data and will take more time to process, we are permitted up to an additional ninety (90) days under CCPA to fulfill your request.
Take note that there are exceptions to your right of deletion, which can be found under Section 1798.105(d) of CCPA. [https://oag.ca.gov/privacy/ccpa#heading5d]

5c. Do Not Sell

Under CCPA, a “sale” of Personal Information is disclosure of your data for the purpose of cross-context behavioral advertising, which is the targeting of advertising to a consumer based on the consumer’s personal information obtained from the consumer’s online activity across numerous websites. We will not sell your Personal Information without your express consent. Even if you consent to the sale of your data, you have the right to opt-out and withdraw your consent.
Please note that a “sale” of Personal Information does not apply to any disclosure of data that is required for us to provide you with our services as a client or end user of SmartPath. A “sale” only applies to any secondary (optional) use of the Personal Information.
You may opt out of receiving marketing e-mail communications at any time by clicking on the unsubscribe link included at the bottom of our e-mails or sending us mail or e-mail at the address below.

5d. Non-Discrimination

SmartPath will not discriminate against you if you choose to exercise your privacy rights under CCPA. This means that we will not deny you goods or services, charge you a different price, or provide a different level or quality of goods or services just because you exercised your rights under the CCPA.

6. Your non-personal information may be used to improve our service.

Like many other websites, JoinSmartPath.com and OnSmartPath.com may collect technical information about you, such as what browser you are using or how much time you spend on a certain page or screen, to help us understand how you use our websites. Similarly, our websites employ an Internet technology called “cookies.” Cookies are small files which save information about your visit to our website. None of this information is used to identify you personally, and is not considered to be Personal Information, but such information is used in the aggregate to help us improve the websites’ performance, design, and stability. Some state privacy laws require us to let you know how we respond to web browser Do Not Track (“DNT”) signals. We do not currently respond to DNT signals.

7. Your Personal Information is stored in the United States.

We are located in the United States. If you are a resident of any country outside the United States, you understand and agree that we store and process your Personal Information on computers located in the United States, and that by providing any information to us, you consent to the transfer of such information to the United States.

8. Our websites are to be used only by persons in North America.

Our websites are to be used only by persons located in North America (i.e., the United States, Canada, and Mexico) and are not designed for use, offered to, or intended to be used by, any persons outside of North America.

9. Personal Information of Minors

SmartPath does not knowingly collect the Personal Information of minors or persons under the age of eighteen (18). All users of our systems must be the age of majority.

10. Have questions? Contact us.

We may decide to change this Privacy and Personal Information Security Policy at our discretion, but if we do, we will post the changes here. If you have any questions about this Privacy and Personal Information Security Policy, you can contact us at:

SmartPath, Inc.
2451 Cumberland Pkwy. SE, STE 3608
Atlanta, GA 30339
email: support@joinsmartpath.com

For more information on your privacy rights under CCPA, please visit the Attorney General of California’s information page located at https://oag.ca.gov/privacy/ccpa.

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