Privacy and Cookies Policy

Contents:

• What types of Information do we collect?
• Additional information if you are located in the European Union (EU)
• How do we use personal data collected from the Site/Applications?
• How do we keep personal information confidential and secure?
• More on cookies…
• What about third party websites and services?
• Disclaimer
• Updates and changes
• Consent

N.F. Smith & Associates L.P. (which shall include our affiliated companies, collectively, “Smith”, “we” or “our”) recognizes your need for privacy protection and has implemented this Privacy and Cookies Policy (“Policy”) to demonstrate our commitment to fair information practices and the protection of privacy. This Policy sets out the basis on which we process your personal data when you purchase our products (“Products”) or when you access our sites, platforms, or web or mobile applications (“Site/Applications”), interact with us, or use our services (“Services”).

What types of information do we collect?

In the context of this Policy, personal data means any information through which we can identify you (“Personal Data”) when you purchase our Products, access our Site/Applications or use our Services. We may collect the following Personal Data:

• Information collected automatically. Technical information, including unique identifiers tied to your browser, IP address, domain service, type of computer and type of web browser are automatically collected when you access our Site/Applications. We also may collect device specific information (such as your hardware model, operating system version, unique device indicators, and mobile network information including phone number). Such information may be collected by using cookies, web beacons and similar technologies on our Site/Applications. For more information on this, please see “More on Cookies”;
• Information regarding your use of our Site/Applications and Services. This includes data regarding the pages you visit;
• Your contact details. Your name, email address, phone number, any requests or comments and any other data you may voluntarily provide to us when, for example, you register to receive additional information regarding our Products and Services, request a quotation, send us a question, participate in surveys, sweepstakes or other promotional activities, subscribe to newsletters, promotional materials, or apply for a job.
• Your communication data. Your requests, any concerns you may have and any other data that we receive if we communicate with you by telephone, via e-mail, social media or other electronic means.
• Your reviews. The opinions, experiences, preferences and interests, and Product or event reviews that you publish on our Site/Applications or share with us online or through social media.
• Information collected from other sources. We may also receive information about you from other sources and add it to our account information for you (such as credit history information from credit bureaus and bank confirmations to prevent fraud)

For what purposes do we collect your Information?

Smith collects and uses your Personal Data for the purposes below and on a lawful basis. Please know that insofar we already hold information about you, we may use that information for the same purposes.

• For the performance of our agreement with you: In order to carry out our obligations arising from any contracts entered into between you and us, and to provide you with the information and services that you request, including handling your requests, inquiries or complaints. When you order Products or request Services online, we process this data to manage and handle your purchases and requests.
• For our legitimate commercial interests: We may use your Personal Data (both on aggregated and on individual basis), such as your contact details, your account and electronic identification data for the purpose of advertising our Products and Services, making contact with you for marketing or other commercial purposes if you are an existing customer. Your Personal Data may also be used for analyzing and improving the quality of our Products and Services and to better understand you as a customer so that we can offer a better user experience. This enables us to create personal profiles and to assess what may interest you, to measure or understand the effectiveness of our marketing and to deliver relevant advertising.
• Personal Data may also be used for our other legitimate commercial interests, such as to generate aggregated statistics about the users of our Products, Site/Applications and Services; to assist in security and fraud prevention; to administer our Site/Applications and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; to facilitate our business operations, to operate company policies and procedures; to enable us to make corporate transactions, such as any acquisition, reorganization, transfer of Smiths’ assets or businesses or similar event; or for other legitimate business purposes permitted by applicable law.
• To comply with our legal obligations: Your Personal Data can be used to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law

Additional information if you are located in the European Union (EU):

Subject to the conditions set forth in the applicable law, you have the right to request, review, correct, update, suppress, restrict or delete Personal Data that you have provided to us or if you would like to request to receive an electronic copy of such personal data for purposes of transmitting it to another company, by emailing [email protected] specifying your request. We will respond to your request consistent with applicable law.

In your request, please tell us what Personal Data you would like to have changed, whether you would like to have it suppressed from our database, or otherwise let us know what limitations you would like to put on our use of it. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain Personal Data for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion.

In the event your personal data is processed on the basis of your consent, you can withdraw consent at any time by emailing [email protected] specifying your request, without affecting the lawfulness of processing based on consent before its withdrawal.

How do we keep personal information confidential and secure?

On our side, we have implemented reasonable security measures at our facilities and on our servers to protect against loss, misuse, or alteration of information collected. Except as otherwise provided in this Policy, we will keep all Personal Data private and will not share it with third parties, unless such disclosure (1) is necessary to conform with applicable law, government orders, court orders or legal process served on Smith; (2) serves our legitimate commercial interests, in which case we may disclose to business partners, suppliers (such as IT service providers) and sub-contractors for the performance of any contract we enter into with them or to provide services on our behalf and (3) is necessary to protect our rights, the users of the Site/Applications or the public. This includes exchanging information with other companies and organizations for fraud and credit risk protection. As we continue to develop our business, we might sell or buy business units, which may require the transfer of customer information as business assets. If you have any questions about the security on our Site/Applications, you can send an email to [email protected].

How do you correct / update personal information?

You can always review and update your information by signing into your account.  If you do not have an account and your personal information has changed, please email us [email protected]. If you wish to opt out of specific email communications from us or request an overall opt out of both mail and email communications (with exception of account status and related issues) email us at [email protected].

How long do we keep your personal information?

Personal Data on our server or in our archives is kept for as long as necessary to satisfy the purpose for which they were collected, in accordance with our general data retention policy or as required by law. In some cases, information posted may stay in the public domain indefinitely.

More on cookies…

By using the Site you agree that we can place cookies on your device.  If you want to remove existing cookies from your device or block future cookies, you can do so by using your browser option.  Please note that deleting or blocking cookies can impact your user experience on the Site/Applications as certain portions of the Site/Application may no longer work.  If you have any questions, please submit your request through [email protected].

The table below lists the cookies we collect and what information they store.  With the exception of the “Necessary Cookies”, you can manage your cookies preferences on the Manage Preferences link on our Site.  For a complete and current list of the cookies we collect, please refer to Manage Preferences link on our Site or contact us at [email protected].

Necessary cookies are absolutely essential for the Site to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.

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Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.

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Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.

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Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.

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Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.

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What about third party websites and services?

The Site/Applications may contain links to other websites. Please check such third-party websites for their terms of use, privacy and cookies statement before using such third-party site and/or program.  We are not responsible for the privacy policies or the content of such websites. We may also make chat rooms, forums, message boards, and news group available to you. Any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your personal information.

Disclaimer

THE SITE/APPLICATIONS AND THEIR CONTENTS ARE PROVIDED “AS IS” AND WE EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

Except as otherwise required by law, neither Smith nor its directors, employees, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of or your inability to use the Site or the contents of the Site whether or not Smith has been advised of the possibility of such damages.

We use reasonable efforts to ensure the accuracy, correctness and reliability of the contents on the Site/Applications, but make no representations or warranties as to the accuracy, correctness or reliability.

Updates and changes

From time to time, we may need to add to, change, update or modify the Privacy and Cookies Policy.  These changes will be effective upon posting on the Site without prior notice to or consent from you.  If changes are material, however, a more prominent notice will be made on our Site.  If you have any questions about our privacy policy and practices, please email us at [email protected] or write to us at the following address:

Smith
Attention: Legal Department – Privacy
5306 Hollister
Houston, Texas 77040

Consent

By using the Site/Applications, you agree to this Policy.
February 2022