SM2 Fiduciary LLC Privacy Policy
Last Updated: September 03, 2024
SM2 Fiduciary LLC (“Company,” “we,” or “us”) provides fiduciary services for clients on the Central Coast of California. We recognize the importance of data privacy and this Privacy Policy sets forth the terms and conditions with respect to how we process your personal information. This Privacy Policy describes, among other issues, the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights and responsibilities you may have with respect to such personal information.
This Privacy Policy applies to the personal information you provide us when you (i) visit any website that we own, license, or otherwise operate and that links to this Privacy Policy (each a “Site”), (ii) purchase or receive services through the Site, or (iii) visit our offices or otherwise contact or engage with us. For purposes of this Privacy Policy, the Site and all information and materials set forth thereon shall be referred to collectively as the “Services.”
PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT DESCRIBES YOUR RIGHTS, RESPONSIBILITIES, AND LIABILITIES. BY ACCESSING OR USING THE SERVICES OR OTHERWISE PROVIDING US WITH PERSONAL INFORMATION YOU ARE CONSENTING TO THE TERMS OF THIS PRIVACY POLICY AND OUR TERMS OF USE.
1. Scope
This Privacy Policy applies to personal information that Company receives during its business operations as a “data controller” - which means we determine the purpose and means of processing such personal information.
For purposes of this Privacy Policy, the term “personal information” means any information that, alone or in conjunction with other information or data, identifies or is linked to a particular individual or household and that is subject to or otherwise afforded protection under a data protection law, statute, or regulation. The term “personal information” does not include anonymized or de-identified data that is not attributable to a particular individual or household and that is not otherwise subject to a data protection law, statute, or regulation. Company may anonymize or de-identify personal information, and such data is not subject to this Privacy Policy and Company may use such data for any purpose.
2. The Types and Categories of Personal Information We Collect
Company collects personal information in order to provide our Services, comply with our legal obligations, promote our business interests, and for the other reasons set forth in this Privacy Policy. When you do not provide personal information to Company, we may not be able to provide you the Services or to complete a transaction you requested. Generally, we collect the following types and categories of personal information during our business operations:
| Category | Description/Examples |
|---|---|
| Personal Identifiers | Identifiers such as your name, alias, shipping address, email address, account name, telephone number, customer identification number. |
| Payment Data | Data necessary to confirm that your payment has been processed by our third-party payment processor. |
| Online Identifiers | Persistent identifiers that can be used to recognize you or your device over time and across different services including a device identifier, an Internet Protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifiers, and similar technology. |
| Commercial Information | Records of the Services you purchased, obtained, or considered, or your other purchasing or consuming histories or tendencies with respect to our Services. |
| Business Contact Data | Information related to employees, owners, directors, officers, or contractors of a third-party organization (e.g. business, company, partnership, sole proprietorship, nonprofit, or government agency) with whom we conduct or possibly conduct business activities. |
| Marketing and Communications Data | Information with respect to your marketing preferences and your subscriptions to our publications and alerts. |
| Internet and Electronic Network Data | Data pertaining to your access or use of the Site, including browsing history, search history, and information regarding your interaction with the Site or advertisements embedded on the Site or other third-party websites, and information derived from any device that connects to our WiFi services. |
| Your Feedback | Information you provide about our Services, which may include data gathered from any Company surveys or reviews submitted by you. |
| Visitor Information | Information an individual provides when visiting any physical location or premises of Company (e.g. visitor logs and registries, vehicle and parking information). |
| Video and Images | In some circumstances, you may provide us images, or we may record you via a video camera (e.g. on-premises security systems) or through video teleconferencing. |
| Professional or Employment Data | If you apply for a job with Company, we collect information set forth in a resumé, curriculum vitae, cover letter, and similar documentation including contact details, employment history, skills or qualifications, education-level, job compensation and benefit preferences, criminal record, credit history, and similar data and information provided about or by your references. |
| Inferences | Inferences drawn from some of the personal information categories identified herein and used to create a consumer profile reflecting your purchasing and marketing preferences, characteristics, and behavior. |
3. Collection of Technical/Online Data
In addition, when you access the Site, we collect certain data automatically using technical means and tools. This data relates to your device as well as your experience on the Site and other websites including the following:
Usage and Device Data. When you access and use the Site, we automatically collect details of your access to and use of the Site including traffic data, usage logs, and other communication data, and the resources that you access and use on or through the Site (e.g. browsing history, search history). We may also collect information about your device and internet connection, including the device’s unique identifier (e.g. device type, IMEI, Wi-Fi MAC, IP address), operating system, browser type, and mobile network information. The Site may collect “diagnostic” data related to your use of the Site such as crash data and logs, performance data (e.g. launch time, hang rate, or energy use).
Cookies and Tracking Data; Social Media. We use “cookies” and other tracking technologies within the Site. A cookie is a small file placed on your smartphone or other device. It may be possible to refuse to accept cookies by activating the appropriate setting on your smartphone or device. However, if you select this setting, some parts of the Site may become inaccessible or not function properly. In addition, the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to analyze data on your use of the Site (e.g., recording the popularity of certain content and verifying system and server integrity). The Site may collect data about the advertisements you have seen or engaged. For more information, see here.
Site Monitoring. Please be aware that we, and our service providers and partners, use cookies and other tracking technologies within the Site to monitor and record any and all activities and communications to, from, and on the Site. For the avoidance of doubt, you hereby acknowledge, agree, and consent to, such monitoring and recording by us and our service providers and partners.
Non-Cookie Technologies. We may deploy on our Site certain types of “Non-Cookie Technologies” provided by our service providers to support our digital advertising programs. These technologies often include browser cache, locally stored objects, or the creation of a statistical identifier wherein an identifier, much like a cookie identifier, is calculated based on the characteristics of a browser or device that distinguishes it from other browsers or devices. These identifiers are calculated either from the data your browser or device shares automatically or with additional data specifically requested from your browser or device. For more information, see here.
4. Sources of Information
We collect personal information from the following sources:
First Party / Direct Collection. We collect personal information directly from you when you use our Services (e.g., completing purchases, signing up for subscriptions) , or whenever you directly engage with us, such as when you visit our offices or premises or otherwise contact us.
Automated Collection. As described above, we may collect information and data, such as usage data and cookies, through automated means when you use the Site (see “Technical Data” above).
Third-Party Sources. We also obtain data from third-parties. These third-party sources vary over time, but they are sources deemed credible by us and may be publicly available or available on a commercial basis. They can include: data brokers from which we purchase demographic data to supplement the data we collect; partners with whom we offer branded products or engage in joint marketing activities; fraud prevention agencies or credit reporting agencies in connection with credit determinations, if applicable; publicly available sources such as open government databases or other data in the public domain; social networking providers; advertising companies; and, third-party references. If you purchase our products from our distributors and business partners, we may receive certain information about your purchase from them.
5. How We Use your Information / Purpose of Collection
We may use the personal information we collect about you in order to perform our Services, comply with our legal obligations, and promote our business interests. Please see below for more information on how we use personal information:
| How We Use Personal Information |
|---|
| Provide, operate, maintain, improve, and promote our Services. |
| Enable you to access and use our Services. |
| Process and complete transactions, and send you related information, including purchase confirmations and invoices. |
| Send you messages and communications related to our Services (e.g., responses to your comments, questions, and requests, customer services). |
| Furnish technical notices, updates, security alerts, and support and administrative messages to you about our Services. |
| Provide you promotional and marketing communications (e.g., information about our Services, features, surveys, newsletters, offers, promotions, contests, and events). |
| Process and deliver contest or sweepstakes entries and rewards. |
| Monitor and analyze trends, usage, and activities in connection with our Services to promote our business interests. |
| Investigate and prevent fraudulent transactions, unauthorized access to or use of our Services, and other illegal activities. |
| Personalize our Services, including providing features or advertisements that match your interests and preferences. |
| Company may collect and use your personal information for any other purpose for which we obtain your consent. |
6. Sharing Information / Third-Party Disclosures
We may share your personal information with certain organizations and third parties in accordance with applicable law, including as set out below. However, we do not share personal information with third parties that we have reason to believe use such information for their own direct marketing purposes.
Service Providers. We may share your personal information with companies that provide services on our behalf such as hosting and analyzing the Site, conducting surveys and marketing on our behalf, processing transactions, tracking and responding to consumer questions or complaints, and performing analyses to improve the quality of our Services.
Payment Card Transactions. All payments for purchases made through the Site are completed using a third-party vendor’s online payment system. Company does not have access to your credit card information and does not store or disclose your full credit card information. Any personal or financial information you provide to our online payment system is subject to the third party’s privacy policy and terms of use, and we recommend you review these policies before providing any personal or financial information.
Distributors and Business Partners. We may share your personal information with third parties that distribute our products and marketing materials.
Business Restructuring. Circumstances may arise where, for strategic or other business reasons, Company decides to sell, buy, divest, merge, or otherwise reorganize our businesses. We may disclose your personal information to the extent reasonably necessary to proceed with the negotiation or with the completion of a merger, acquisition, divestiture, or sale of all or a portion of Company’s assets.
Legal; Compliance; Legitimate Interests. We may disclose personal information (i) if required by law or government order, or with a legal process; (ii) to protect and defend our rights or property; or (iii) in urgent circumstances to protect the health and personal safety of any individual. In addition, Company may disclose your personal information with any third party when we believe such disclosure is necessary to defend or protect our legal, regulatory, or business interests. We may also disclose your information upon your express consent.
Consent. In addition to the reasons for disclosure set forth herein, we may also disclose your personal information upon your consent.
In the event that you facilitate a transaction with Company or request information from or otherwise engage with us and such activities require Company to share your personal information with a service provider or other third party, you hereby consent to such disclosure and/or direct Company to intentionally disclose your personal information to the service provider or third party.
7. Data Retention and Localization
The period during which we retain your personal information varies depending on the purpose for the data processing. For example, we retain personal information for as long as needed to provide you with our Services, to facilitate transactions you have requested, to comply with our legal obligations (e.g. tax filings, export control laws), to engage in marketing activities, and for as long as is necessary to defend our legal or business interests. In all other cases, we retain your personal information for as long as is needed to fulfill the purposes outlined in this Privacy Policy.
Company is based in the United States, and the personal information that we collect and process is retained and stored in the United States. By continuing to provide us such information, you hereby acknowledge and agree that your personal information will be transferred to and stored in the United States and in the countries where our service providers are located.
8. Security
We seek to protect the security of your personal information and use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. HOWEVER, NO INFORMATION SYSTEM CAN BE FULLY SECURE AND WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR PERSONAL INFORMATION. MOREOVER, WE ARE NOT RESPONSIBLE FOR THE SECURITY OF PERSONAL INFORMATION YOU TRANSMIT TO THE SITE AND/OR THE SERVICES OVER NETWORKS THAT WE DO NOT CONTROL, INCLUDING THE INTERNET AND WIRELESS NETWORKS, AND YOU PROVIDE US WITH ANY PERSONAL INFORMATION AND DATA AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DATA INCIDENT OR EVENT THAT MAY COMPROMISE THE CONFIDENTIALITY, INTEGRITY, OR SECURITY OF YOUR PERSONAL INFORMATION CAUSED BY A THIRD PARTY.
The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a username and password to access our Services, you are responsible for maintaining the security and confidentiality of those credentials and not revealing them to others. You must contact us immediately (and in any event within twenty-four (24) hours) if you have reason to believe that your username or password to our Services has been compromised. You acknowledge and agree that we may contact you via email or other electronic communications in the event we are legally required to notify you of a data security incident or event related to your personal information.
9. No Data Collected from Children
The Site is not directed at, nor intended for use by, children. As a result, if you are under the age of eighteen (18), you are prohibited from accessing or using the Services (including the Site) or from providing us with your personal information.
10. Updating Your Information
It is important that the personal information that you provide to us is accurate and reliable. In certain circumstances, you may have the ability to directly edit your account to update and change your personal information (e.g. name, telephone number, email, shipping address) and you must do so when such changes are warranted. If our Site does not provide these capabilities, then you must write to us in accordance with the Contact Us section below so we can update our records.
11. Marketing Preferences
You may at any time opt-out from receiving marketing emails from us. To opt-out from such marketing, please use the “unsubscribe” or “preference” features within our email communications or contact us in accordance with the “Contact Us” section below.
12. Do-Not-Track Signals
Some web browsers may transmit “do-not-track” signals to the website with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted or whether they are even aware of them. Unless otherwise required by law, we currently do not take action in response to these signals.
13. Changes to the Policy
We reserve the right to amend this Privacy Policy at any time. We will notify you if this Privacy Policy is amended by updating the “Last Updated” section listed above. It is your responsibility to periodically review the Privacy Policy to determine whether any amendments have been made hereto. Your use of the Services and continued use of the Services after any amendments are made to this Privacy Policy signifies your consent to this Privacy Policy and any amendments hereto. We may, in our sole discretion, provide you communications, including via email or text messages, about changes to our Privacy Policy; however, such communications do not abrogate or otherwise limit your responsibility to periodically review the Privacy Policy to determine whether any amendments have been made hereto.
14. Contact Us
If you have questions regarding this Privacy Policy or our handling of your personal information, would like to request more information from us, or would like to exercise a data privacy right, please contact us (mail) SM2Trust ATTN: Legal Department 567 Camino Mercado Suite C Arroyo Grande CA 93420 (email).
15. Cookie Policy
Company recognizes the importance of data privacy. This Cookie Policy explains our use of “cookies” and other tracking technologies, including but not limited to web beacons, pixels, clear gifs, and other similar technologies (collectively “Cookies and Other Tracking Technologies”) that are employed on the websites we own, license, or otherwise operate and that link to this Cookie Policy (each a “Site”).
Cookies are often categorized by function. We use four types of cookies by function on our Site: Essential Cookies, Analytical/Performance Cookies, Functional Cookies, and Targeting/Advertising Cookies.
For more details about our Cookie Policy, please visit this link.
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