Privacy Policy

PRIVACY PRINCIPALS

Your privacy is important to Smith & Warren (“Smith & Warren” or “us”, “our” or “we”). This online Privacy Policy (“Privacy Policy”) explains how we collect, share, use and protect users’ (“you” or “your”) personal information when they visit or interact with this Internet website, as well as use of any related websites that link to this Privacy Policy, and further as well as any related applications, mobile platforms, services, tools, modules, remote services and/or servers (collectively, the “Website”) that are operated by, under the control of, or otherwise for the direct benefit of Smith & Warren.

Please read this Privacy Policy carefully as it is binding between you and Smith & Warren, and is subject to change without notice, at our sole discretion.  

By accessing the Website, you hereby agree to be bound by all terms and conditions set forth in this Privacy Policy, as well as the terms and conditions set forth in Website Terms and Conditions of Use Agreement (“Agreement”) provided here: https://www.smithwarren.com/privacy/. If you do not agree and/or do not comply with any of these terms and conditions, you are not permitted to access the Website, nor to use any of the content provided on the Website.

  1. GENERAL INFORMATION

By accessing and using the Website you consent to the collection, use and disclosure of your information as described in this Privacy Policy. This Privacy Policy applies to all users of the Website.

Throughout this Privacy Policy, the term “personal information” describes information that can be associated with a specific person and can be used to identify that person. Smith & Warren does not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to identify a specific person.

  1. INFORMATION COLLECTED BY SMITH & WARREN

Smith & Warren collects personal information that you submit to the Website, for example when you send us comments using the online contact form or contact us through other means provided by the Website. The personal information that you submit to us may, for example, include your name, your contact information, your employer name and your address, internet application account information, social media information and location.  Please note that any information (including personal information) you share in any online message board or other forum where you interact with us (such as via a social media account) is by design open to the public and is not private. You should think carefully before posting any personal information in any public forum. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, the information you post may also show up in third-party search engines.

Smith & Warren may also collect information about the way you interact with the Website. This may include, but is not limited to, device ID, device type, machine ID, geo-location information, computer and connection information, present and former actions taken using the Website, statistics on page views, traffic to and from the Website, IP address, MAC address, standard web log information, and any telephone number you provide us or from which you may call or otherwise contact us.

Smith & Warren may also obtain information from or about you in other ways. For example, we may verify personal information with a service provider or combine your information with additional information collected from other third parties or sources, as authorized and permitted by law.

When you use the Website, you may receive one or more cookies, which are small files containing a string of characters that are placed on your device and uniquely identify your browser. Smith & Warren may use cookies to improve the quality of its services by storing user preferences and tracking user trends, and/or to customize your experience. Most browsers are initially set up to accept cookies, but you can set your browser to refuse all cookies or to indicate when a cookie is being sent. However, some portions of the Website may not function properly if your cookies are disabled.

  1. HOW SMITH & WARREN USES THE INFORMATION IT COLLECTS

 

The primary purpose in collecting personal information is to provide you with a safe, efficient and customized experience.

You acknowledge and agree that Smith & Warren may use the information collected to:

  • provide, test, or enhance the functionality of the Website;
  • resolve disputes and troubleshoot problems with the Website;
  • prevent, detect and investigate potentially prohibited or illegal activities, and enforce our Terms and Conditions;
  • customize, measure and improve our Website and advertising thereof;
  • contact you tell you about our services and those of our corporate family, targeted marketing and promotional offers;
  • compare information for accuracy and verify it with third parties; and/or comply with applicable laws; and/or
  • share the information with other business entities, should Smith & Warren plan to merge with or be acquired by that business entity or sell assets.
  1. STORAGE OF YOUR PERSONAL DATA

Your information is stored on servers located in the United States. Smith & Warren treats data as an asset that must be protected and use tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you should know, third parties may unlawfully intercept or access transmissions or private communications. Therefore, although Smith & Warren works very hard to protect your privacy, Smith & Warren does not promise, and you should not expect, that your personal information or private communications will always remain private.

  1. CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. California customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices and policies may contact us at the contact details provided below to request such information.

  1. CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998 (COPPA)

Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), Smith & Warren does not, and will never knowingly request personally identifiable information from anyone under the age of 18 without requiring parental consent. Any person who provides their personal information through the Website represents that they are 18 years of age or older.

  1. THIRD PARTIES

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information collected from you by Smith & Warren. If you disclose your information to others, different rules may apply to their use or disclosure of the information you disclose to them. Smith & Warren does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Smith & Warren encourages you to ask questions before you disclose your personal information to others.

  1. NOTE TO USERS OUTSIDE OF THE UNITED STATES

Smith & Warren’s technical infrastructure is located in the United States.  The personal information that you provide to us is stored on servers located in the United States. If you are located in another jurisdiction, you should be aware that in order to provide any services to you associated with the Website, we must transfer your personal information to the United States where it will be stored and processed in accordance with this Privacy Policy. We may transfer your information outside the United States to service providers with operations in other countries. By using the Website, you consent to such collection, storage and processing in the United States and elsewhere, though the United States and other jurisdictions may not afford the same level of data protection as considered adequate in your own country. We will take reasonable steps to protect your personal information. Note that your personal information may be available to the United States government or its agencies under legal process made in the United States.

  1. ADDITIONAL INFORMATION FOR SMITH & WARREN VISITORS FROM THE EUROPEAN ECONOMIC AREA (“EEA”)

When you use the Website, we collect, store, use and otherwise process your personal information as described in this Privacy Policy. We rely on a number of legal bases to process your information, including where: (i) necessary for our legitimate interests in providing and improving the Website including offering you content and advertising that may be of interest to you; (ii) necessary for our legitimate interest in keeping the Website safe and secure; (iii) necessary for the legitimate interests of our service providers and partners; (iv) necessary to perform our contractual obligations in the Smith & Warren Terms of Use; (v) you have consented to the processing, which you can revoke at any time (however a revocation does not affect the lawfulness of processing of your personal data that occurred prior to the date of revocation); (vi) you have expressly made the information public, e.g., in a Smith & Warren message board or other public forums; (vii) necessary to comply with a legal obligation such as a law, regulation, search warrant, subpoena or court order or to exercise or defend legal claims; and (viii) necessary to protect your vital interests, or those of others.

If you are a Smith & Warren user in the EEA, you can: (i) access personal information we have about you (we will try to provide information within 30 days of your request); (ii) have your personal information corrected or deleted (in most cases you can correct personal information you have submitted to us by going back to the specific Website, logging-in and making the desired change); (iii) in certain circumstances, you can object to our processing of your personal information and we will discontinue such processing unless we have compelling legitimate grounds to continue; (iv) withdraw consent previously provided (however a withdrawal does not affect the lawfulness of processing of your personal data that occurred prior to the date of withdrawal); or (v) if you believe that we have not complied with applicable data protection laws, you may lodge a complaint with your local supervisory authority. If you wish to inquire as to whether we maintain any of your personal information and if so, whether you wish to exercise any of those rights that are available to you with respect to such personal information, you may contact us as described in the Contact section below. We will respond to your request within a reasonable timeframe.

Where we process your personal information for direct marketing purposes, you can opt-out through the unsubscribe link in the email communications we send to you, by changing your subscription preferences in your account settings or as otherwise specified in this Privacy Policy.

We will retain your personal information for as long as necessary to provide the services to you and fulfill the purposes described in this Privacy Policy. This is also the case for third parties within whom we share your information to perform services on our behalf.  When we no longer need to use your personal information and there is no need for us to keep it to comply with our legal or regulatory obligations, we will either remove it from our systems or anonymize it.  If you have registered with Smith and Warren and you no longer want us to use your registration information to provide the Website to you, you may close your account.

 

  1. CONTACT

If you have any questions about our Privacy Policy, please do not hesitate to contact Smith & Warren,

Attn: Office of Privacy

127 Oakley Avenue

White Plains, NY 10601

contact@smithwarren.com

  1. LAST UPDATE

We reserve the right to change or modify this Privacy Policy at any time and any changes will be effective upon being posted unless we advise otherwise. If you do not accept the terms of this Privacy Policy, we ask that you do not register with us and that you do not use the Website. Please exit the Website immediately if you do not agree to the terms of this Privacy Policy.

This Privacy Policy was last updated on September 16, 2019.