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Privacy Policy
Last revised: August 25th, 2023
SMB Advisor LLC, a Georgia corporation ("SMB Advisor", "us", "we", or "our") operates the www.smbadvisor.com website (the “Site”) and provides an business brokerage and consulting related services (the "Service"), which is available through the Site.
This Privacy Policy informs you of how information about you is collected, used, and disclosed by us when you access our Site and our Service. By using the Service, you agree to the collection and use of your information in accordance with this policy.
Unless otherwise defined in this Privacy Policy, capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service.
1. Explicit Consent Clause
By using the services provided by SMB Advisor ("the Company"), you explicitly consent to the collection, storage, and processing of your personal information as described in this Privacy Policy.
2. GDPR Compliance Clause
For users residing in the European Union, this Privacy Policy is intended to comply with the General Data Protection Regulation (GDPR). If there are any conflicts between this Policy and GDPR, the GDPR provisions shall prevail.
3. CCPA Compliance Clause
For residents of California, this Privacy Policy aims to comply with the California Consumer Privacy Act (CCPA). You have the right to know what personal information is collected, how it is used, and to whom it is disclosed.
4. Data Breach Protocol Clause
In the event of a data breach that affects your personal information, we will notify you and the appropriate regulatory bodies within 72 hours, in accordance with applicable laws.
5. Opt-Out Options Clause
You have the right to opt-out of the collection and use of your personal information at any time. To exercise this right, please contact us at hello@smbadvisor.com.
6. Data Portability Clause
Upon request, we will provide you with a copy of your personal information in a commonly used and machine-readable format, for data portability purposes.
7. Cookie Policy Clause
We use cookies to enhance your user experience. For more information, please refer to our separate Cookie Policy.
8. Updates and Modifications Clause
We reserve the right to update this Privacy Policy at any time. The date of the most recent revision will be indicated at the bottom of this page.
9. Accessibility Clause
We are committed to making this Privacy Policy accessible to individuals with disabilities. If you require assistance or an alternative format, please contact us.
10. Dispute Resolution Clause
Any disputes arising from this Privacy Policy shall be governed by the laws of the State of Georgia and shall be resolved in the state or federal courts located in Georgia.
By using the services provided by SMB Advisor ("the Company"), you explicitly consent to the collection, storage, and processing of your personal information as described in this Privacy Policy.
2. GDPR Compliance Clause
For users residing in the European Union, this Privacy Policy is intended to comply with the General Data Protection Regulation (GDPR). If there are any conflicts between this Policy and GDPR, the GDPR provisions shall prevail.
3. CCPA Compliance Clause
For residents of California, this Privacy Policy aims to comply with the California Consumer Privacy Act (CCPA). You have the right to know what personal information is collected, how it is used, and to whom it is disclosed.
4. Data Breach Protocol Clause
In the event of a data breach that affects your personal information, we will notify you and the appropriate regulatory bodies within 72 hours, in accordance with applicable laws.
5. Opt-Out Options Clause
You have the right to opt-out of the collection and use of your personal information at any time. To exercise this right, please contact us at hello@smbadvisor.com.
6. Data Portability Clause
Upon request, we will provide you with a copy of your personal information in a commonly used and machine-readable format, for data portability purposes.
7. Cookie Policy Clause
We use cookies to enhance your user experience. For more information, please refer to our separate Cookie Policy.
8. Updates and Modifications Clause
We reserve the right to update this Privacy Policy at any time. The date of the most recent revision will be indicated at the bottom of this page.
9. Accessibility Clause
We are committed to making this Privacy Policy accessible to individuals with disabilities. If you require assistance or an alternative format, please contact us.
10. Dispute Resolution Clause
Any disputes arising from this Privacy Policy shall be governed by the laws of the State of Georgia and shall be resolved in the state or federal courts located in Georgia.
Information Collection
While accessing our Site and/or using our Service, we collect and store certain information about you. Some of this information can be used on its own or in combination with other information with other information to identify you ("Personal Information"). Below is a list of types of Personal Information that we may collect and use when you apply for, or use any of our products or services.
Type of personal
Description
Contact
Your name, addresses, e-mail addresses, phone numbers and other ways in which to contact you
Payment
Payment card number, expiration date, security code and billing address.
Transactional
Details about the transactions you carry out and the payments to and from your accounts with us
Contractual
Details about the products or services we provide to you
Locational
Data we get about where you are. This may come from your mobile phone or the place where you connect a computer to the internet. It may also include locations where you used your card.
Behavioral
Details about how you use our Services and Site
Technical
Details on the devices and technology you use
Communications
What we learn about you from communications between us.
Public and third-party records
Details about you that are in public records and information about you that is publicly available on the internet. We also collect information about you which we receive from other companies, such as (without limitation) credit reference or fraud protection agencies (see below for more information).
Usage data
Other data about how you use our products and services
Documentary data
Details about you that are stored in documents in different formats, or copies of them. This could include things like (without limitation) your passport, driver’s license, photographs or birth certificate.
Consents
Any permissions, consents or preferences that you give us
Where we collect personal information
We may collect personal information about you or your businesses from any of these sources:
Data we collect when you use our products or services
Payment and transaction data
Profile and usage data (including, without limitation, your security details, app or your website browser settings, marketing choices and data from the devices you use to connect to our Platform so we can provide you with our products or services).
We also use cookies and other internet tracking software to collect data while you are using our website or mobile apps (or any other device as described in more detail below
Data from third parties
Companies and business partners that introduce you to us
Our service partners, such as PSP partners as defined in SMB Advisor’s terms
Our third-party vendors, including (without limitation) those that help us authenticate your identity
Social networks and other technology providers (for instance, when you click on one of our Facebook or Google adverts)
Fraud prevention agencies
Other financial services companies (to fulfil a payment or other service as part of a contract [which they have] with you, or to help prevent, detect and prosecute unlawful acts, money laundering, and fraudulent behavior)
Public information sources such as (without limitation) Companies House
Third-party agents, suppliers, sub-contractors and advisers
Market researchers
Firms providing data services
Government, law enforcement agencies, authorities and regulatory bodies to help SMB Advisor comply with its legal obligations;
Cookie Use
Please refer to our Cookie policy for more information.
Information Use
Below is a list of the ways that we may use your personal information and our reasons for doing so:
What we use your personal information for
Our reasons
Serving you
Managing our relationship with you or your business
Developing and carrying out marketing activities
Studying how our customers use products and services from SMB Advisor
Communicating with you about our products and services
Fulfilling SMB Advisor’s contract with Users
When it is SMB Advisor’s legal duty
When Users consent to it
When it is in SMB Advisor’s legitimate interest:
Keeping our records up to date
Working out which of our products and services may interest you and telling you about them
Developing products and services,
Improving our business
Testing new products
Improving our products and services
Managing how we work with other companies that provide services to us and our customers
Developing new ways to meet our customers’ needs and grow our business
Fulfilling SMB Advisor’s contract with Users
When it is SMB Advisor’s legal duty
When Users consent to it
When it is in SMB Advisor’s legitimate interest:
Being efficient about how we fulfill our legal and contractual duties
Asking for your consent when we need it to contact you
Developing products and services, our pricing for them and types of customers that may want to use them. This may include sending questionnaires and surveys as well as requesting feedback from existing customers
Marketing and events-related communications
Communicating SMB Advisor’s products, services, invite you to participate in events or surveys, or otherwise communicate with you for marketing purposes with the consent requirements of applicable law
When Users consent to it
When it is in SMB Advisor’s legitimate interest:
Being efficient about how we fulfill our legal and contractual duties
Managing our operations
Delivering SMB Advisor’s products and services
Making and managing payments
Managing fees and charges due on user accounts
Collecting and recovering money that is owed to SMB Advisor
Fulfilling SMB Advisor’s contract with Users
When it is SMB Advisor’s legal duty
When Users consent to it
When it is in SMB Advisor’s legitimate interest:
Being efficient about how we fulfil our legal and contractual duties
Complying with rules and guidance from regulators
Crime prevention and managing risks
Identifying, investigating, reporting and preventing fraud, money laundering and other crime
Managing risk for us and our Users
Complying with laws and regulations
Investigating and responding to complaints and feedback
Fulfilling SMB Advisor’s contract with Users
When it is SMB Advisors legal duty
When Users consent to it
When it is in SMB Advisor’s legitimate interest:
Developing and improving how we deal with financial crime, as well as doing our legal duties in this respect
Being efficient about how we fulfil our legal and contractual duties
Complying with rules and guidance from regulators
Business management
Operating our business in an efficient and proper way, including managing our financial position, business capability, planning, adding and testing systems and processes, managing communications, corporate governance, and audit
Carrying out our obligations arising from and exercising our rights set out in our contracts
When it is SMB Advisor’s legal duty
When it is in SMB Advisor's legitimate interest:
Being efficient about how we fulfil our legal and contractual duties
Complying with rules and guidance from regulators
Fulfilling SMB Advisor’s contract with Users
Communications
We may contact you with newsletters and other marketing information that may be of interest to you. You may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.
Information Sharing with Third Parties
We will only share your information with the third parties listed below for the purposes described above in the “Use of Your Information” Section, unless otherwise noted at the point of collection:
Third-party agents, partners, and service providers who are only permitted to use your information as we allow which may include contacting you on your behalf, and are required under law or contract to keep your personal information confidential. Information is shared to help us provide the Service.
Government agencies and taxing authorities, as required to provide the Service, including but not limited to the Internal Revenue Service, state and local tax agencies, and state and federal regulatory agencies.
Insurance carriers and other third parties, as needed to carry out the Benefits Service
Banking and financial institutions.
Certain parties as necessary to respond in good faith to legal process where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
Legal and financial advisors and auditors
The following third-parties under the circumstances described below:
we may share business or personal information with credit bureaus, and we may share information with certain companies, banks and organizations for purposes such as fraud prevention or determining eligibility for the Service;
if you participate in a referral program, the referral email and referral link sent to any Referred Leads may include your first name;
if there is a sale of SMB Advisor (including, without limitation, a merger, stock acquisition, sale of assets or reorganization), or in the event that SMB Advisor liquidates or dissolves, we may sell, transfer or otherwise share some or all of our assets, which could include your information, to the acquirer;
we may share de-identified personal information with academic institutions to perform research, under controls that are designed to protect your privacy—including requiring such institutions to operate under confidentiality agreements and mandating that published findings contain only de-identified and aggregated data;
from time to time, we may share reports with the public that contain anonymized, aggregate, de-identified information and statistics; and
we may share your information with certain other third parties with whom you, your Client, or your Client’s accountant partner expressly authorize us to share your information
How long we keep your personal information
We will keep your personal information as long as you are a User of SMB Advisor.
We may keep your personal information for up to 10 years after you stop being a customer. The reasons we may do this are:
To respond to a question or complaint, or to show whether we gave you fair treatment
To study customer data as part of our own research
To comply with legal rules that apply to us about keeping records. For example, the Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 require us to retain certain data for a minimum of 5 and a maximum of 10 years.
We may also keep your data for longer than 10 years if certain laws mean that we cannot delete it for legal, regulatory or technical reasons.
Security
The security of your Personal Information is important to us. However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you. You are also a key stakeholder in making sure that your Personal Information is protected. If you become aware of any breach of security or privacy, please contact us immediately.
International Transfer
Information collected while you use the Site and/or Service, including your Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the information, including your Personal Information, to the United States and process it there.Your consent to this Privacy Policy followed by your submission of such Personal Information represents your agreement to that transfer.
Link To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children's Privacy
We do not knowingly collect Personal Information from Children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 13 without verifiable parental consent, we will take steps to remove that information from our servers.
Your rights
Under applicable privacy regulation, you may have some or all of the following rights in respect of your personal information:
to obtain a copy of your personal information together with information about how and on what basis that personal information is processed;
to rectify inaccurate personal information;
to erase your personal information in limited circumstances where it is no longer necessary in relation to the purposes for which it was collected or processed;
to restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful but you object to the erasure of the personal information; (c) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim;
to challenge processing which we have justified on the basis of our legitimate interest;
to object to decisions which are based solely on automated processing or profiling;
to obtain a portable copy of your personal information, or to have a copy transferred to a third party controller; or
to obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA.
In addition to the above, you have the right to lodge a complaint with a supervisory authority for data protection. You also have the right to withdraw your consent to the processing of your information at any time. We may ask you for additional data to confirm your identity and for security purposes, before disclosing data requested to you. We reserve the right to charge a fee where permitted by law. We may also decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we may need to retain certain personal information for a limited period of time for record-keeping, accounting and fraud prevention purposes.
To exercise these rights you may contact us either by emailing hello@smbadvisors.com. Please note also that you may be able to exercise some of these rights without our intervention. For example, if you are a registered SMB Advisor Platform user, you can access and update your personal data.
Changes To This Privacy Policy
This Privacy Policy is effective as of the “LAST REVISED” date specified at the top of this Privacy Policy and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
Questions or Concerns Regarding the Privacy Policy
If you have questions or concerns regarding privacy using our Service, please contact us at: hello@smbadvisors.
