Privacy Policy

1. Information We Collect

1.1. Personal Information

We may collect the following types of personal information:

• Contact Information: Such as your name, email address, postal address, and phone number, when you provide it voluntarily through forms on our Website.
• User Account Information: If you create an account, we may collect information such as your username and password.

Your Personal Information will be retained for the time necessary in relation to the purpose(s) for which such information is processed. For example, we may retain limited amounts of your Personal Information to ensure compliance with a legal obligation to which we are subject or to market specific products and services. If you are an investor, your Personal Information will be processed for as long as you remain an investor with us, and when you are no longer an investor, we will continue to process your Personal Information which has a minimal privacy impact for the time which is necessary in relation to the purpose(s) for which such information is processed.

1.2. Automatically Collected Information

We may also automatically collect certain information when you visit our Website, including:

• Usage Data: Information about your interaction with our Website, including your IP address, browser type, device type, and pages visited.
• Cookies: We use cookies and similar tracking technologies to collect data about your browsing behavior and preferences. You can manage your cookie preferences through your browser settings. The categories of cookies and similar technologies we use may include strictly necessary, functional, and analytics [and advertising] cookies. Certain browsers and devices transmit “Do Not Track” or Global Privacy Control (GPC) signals; where required by applicable law, we treat a GPC signal as a valid request to opt out of the sale or sharing of personal information for the associated browser or device.

We do not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through our website. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information on our website without their permission.

2. How We Use Your Information

We may use your personal information for the following purposes:

• Communication: To communicate with you, respond to inquiries, and provide updates about our services.
• Analytics: To analyze and improve our Website’s performance, user experience, and content.

3. Disclosure of Your Information

We may share your personal information in the following situations:

• Service Providers: We may share your information with third-party service providers who assist us in operating our Website, conducting business, or providing services to you.
• Legal Compliance: When required by law or in response to legal process, we may disclose your information to comply with legal obligations or protect our rights, privacy, safety, or property.

We do not disclose any Personal Information we collect, as described above, about our current or former investors to anyone other than to administrators, custodians, banks and service providers (including but not limited to our IT service providers, email archivists and CRM system providers) in connection with the administration, processing and servicing of customer accounts or to our accountants, attorneys and auditors (all such persons, collectively, “Third Parties”), or otherwise as required by law. We do not sell your personal information, and we do not share your personal information for cross-context behavioral advertising or targeted advertising, in each case as those terms are defined under applicable law.

4. Your Rights and Choices

You have the right to receive confirmation from us of whether or not we are processing your Personal Information and, if so, to obtain a copy of that Personal Information, as provided for by applicable law. You also have the right to obtain the rectification of inaccurate Personal Information without undue delay. You can exercise these rights by contacting us at info@smacap.com.

5. Data Security

• We implement reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. Consistent with Regulation S-P under the Gramm-Leach-Bliley Act, we maintain written policies and procedures that include an incident response program reasonably designed to detect, respond to, and recover from unauthorized access to or use of customer information, and we oversee service providers we engage to receive, maintain, process, or otherwise access such information. Where an incident involving sensitive customer information occurs, we will notify affected individuals as, and within the timeframe, required by applicable law.

6. Your California Privacy Rights

The California Consumer Privacy Act of 2018, California Civil Code Sections 1798.100 et seq. (as amended, including by the California Privacy Rights Act of 2020, the “CCPA”) additionally affords data protection rights to persons who are California residents, following a verifiable request, and under certain circumstances:

• The right of access—twice in a 12-month period, free of charge—to the 12-month period prior to the request, the categories and specific pieces of personal information SMA Capital has collected about the person, the categories of sources from which the personal information is collected, the business purpose for collecting the personal information; and
• The right to delete personal information under certain circumstances.
• The right to correct inaccurate personal information;
• The right to opt out of the sale or sharing of personal information, and the right to limit the use and disclosure of sensitive personal information; and
• The right not to receive discriminatory treatment for exercising the rights described above.

Personal information that we collect, process, or disclose in a manner subject to the Gramm-Leach-Bliley Act and Regulation S-P is exempt from the CCPA; the rights described above apply to personal information that is not subject to that exemption. To exercise any of these rights, or to appeal our response to a request, please contact us using the information in the “Contact Us” section below.

7. Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Information. This Privacy Policy was last updated on the date indicated above. Your continued use of our website after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

8. Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us at info@smacap.com, or by mail at 825 Third Avenue, 21st Floor, New York, NY 10022.