Terms of Use and Privacy & Cookies Policy

Content:

• Terms of Use
• Privacy & Cookies Policy

Terms of Use

• Acceptance of the Terms of Use
• Changes to the Terms of Use
• Accessing the Site and Account Security
• Intellectual Property Rights
• Trademarks
• Prohibited Uses
• User Contributions
• Monitoring and Enforcement; Termination
• Content Standards
• Copyright Infringement
• Reliance on Information Posted
• Changes to the Site
• Information About You and Your Visits to the Site
• Online Purchases and Other Terms and Conditions
• Links from the Site
• Geographic Restrictions
• Disclaimer of Warranties
• Limitation on Liability
• Indemnification
• Governing Law and Jurisdiction
• Arbitration
• Limitation on Time to File Claims
• Waiver and Severability
• Entire Agreement
• Your Comments and Concerns

Acceptance of the Terms of Use

These terms of use are entered into by and between You and N.F. Smith & Associates, L.P. (which shall include its affiliated companies, collectively, “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of smithweb.com, including any content, functionality, and services offered on or through smithweb.com (the “Site”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our PRIVACY AND COOKIES POLICY, incorporated herein by reference. If you do not want to agree to these Terms of Use or PRIVACY AND COOKIES POLICY, you must not access or use the Site.
This Site/Applications is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and] meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.
Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our PRIVACY AND COOKIES POLICY, and you consent to all actions we take with respect to your information consistent with our PRIVACY AND COOKIES POLICY.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: [email protected].
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, terms, trademarks, service marks, registered marks, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our PRIVACY AND COOKIES POLICY.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement at [email protected]. It is the policy of the Company to terminate the user accounts of confirmed repeat infringers.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Site

All information we collect on this Site is subject to our PRIVACY AND COOKIES POLICY. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the PRIVACY AND COOKIES POLICY.

Online Purchases and Other Terms and Conditions

All purchases through the Site or other transactions for the sale of goods or services, or information formed through the Site, or resulting from visits made by you, are governed by our Terms and Conditions of Sale, which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Site is based in the State of Texas in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $50,000 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, OR PRODUCT, OR SERVICE IN THE LAST MONTH OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Houston and County of Harris, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use , our PRIVACY AND COOKIES POLICY, the Terms and Conditions of Sale, and the Terms of Purchase constitute the sole and entire agreement between you and Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Your Comments and Concerns

This Site is operated by N.F. Smith & Associates, L.P., 5306 Hollister St., Houston, Texas 77040 USA.
All notices of copyright infringement claims should be sent to [email protected] in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: [email protected].

Privacy & Cookies Policy

• What types of Information do we collect?
• For what purposes do we collect your Information?
• Additional information if you are located in the European Union (EU)
• What about cross border data transfers?
• Additional information for California residents:
• Additional Country and Regional Specific Provisions
• Children’s Online Privacy Act
• How do we keep personal information confidential and secure?
• How do you correct / update personal information?
• How long do we keep your personal information?
• How can you control cookies and related technologies?
• More on cookies…
• What about third party websites and services?
• Disclaimer
• Updates and changes
• Consent

N.F. Smith & Associates L.P. (which shall include Smith & Associates Europe B.V., Smith & Associates Far East Ltd., Smith Global Services Pte. Ltd., and our other 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”), when you sell services or goods to us, or when you access our sites, platforms, or web or mobile applications (“Site/Applications”), interact with us, including when you submit a form or customer or supplier application, 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 or when you sell goods to us, access our Site/Applications, interact with us, 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, and such similar contact details of persons within your organization or with third parties provided in the context of a customer or supplier application, (digital) signature, 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.

• As permitted under your consent: We may use your Personal Data for the specific processing purpose based on your consent.
• For the performance of our agreement with you: We may use your Personal Data (both on an aggregated and individual basis) to carry out our obligations arising from any contracts entered 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 Services, sell goods or services to us, make an inquiry, or follow up on an order, we process this data to manage and handle your requests, purchases, or inquiries.
• For our legitimate business interests: We may use your Personal Data (both on aggregated and on individual basis), such as your contact details and/or your account and electronic identification data for the purpose of:
   – Managing and efficiently performing our business operations
   – Maintaining and operating business processes in a group structure
   – Operating and pursuing business relationships with our customers, suppliers, partners, and other service providers
   – Providing you with the best possible user experience when using our Site/Applications;
   – Asserting or defending ourselves against legal claims.

  Further, we may use your Personal Data to promote our Products and Services, perform Services or to contact you for marketing or other commercial purposes if you are an existing customer. Your Personal Data may also be used to analyze and improve the quality of our Products and Services and to better understand you as a customer and/or supplier 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 business 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 Smith’s 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), EEA or other GDPR relevant countries

Our privacy practices are aligned with the requirements of the General Data Protection Regulation (GDPR). Unless we specifically state otherwise, the data controller of the Personal Data we process is N.F. Smith & Associates, L.P., and its affiliates, and is therefore responsible for ensuring that all systems and processes are compliant with the GDPR, to the extent applicable to us.
Subject to the conditions set forth under the applicable law, you have the right to access, review, correct, update, delete, suppress, restrict or object to the processing of the 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. You can reach our Smith Group Data Protection Officer at [email protected].
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, to complete any transactions that you began prior to requesting a change or deletion, and/or as required under applicable law.
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.

What are the legal permissions Smith can process Personal Data? We process Personal Data for business purposes based on the following legal permissions:

• Consent: We may process your Personal Data for the specific processing purposes based on your consent.
• Business Interests: We may process your Personal Data based on legitimate business interest. When we reference GDPR Article 6.1(f) or our legitimate business interests are as described above under “For our legitimate business interests”.

When pursuing these business interests, we balance the following factors to assess whether our business interests are not outweighed by your personal rights and interests to refrain from processing your Personal Data:

• Our business purpose;
• Type and category of Personal Data and the sensitivity of the Personal Data being processed;
• Level of protection of your Personal Data (i.e., through our protection and security policies and guidelines); and
• Your rights in relation to the processing activity.

Pursue business relationships with customers, partners, and others
When pursuing business relationships with customers, partners and others, Smith and/or our local Smith group entity may process your Personal Data based on the following:

• GDPR Article 6.1 (b) if necessary, to fulfill (pre-)contractual obligations with you;
• GDPR Article 6.1 (c) if necessary, to fulfill legal requirements applicable to us;
• GDPR Article 6.1 (f) if the contract or pre-contractual relation relates to a company or other legal body and if we process your personal data as a customer contact to fulfill a contractual obligation with your employer;
• GDPR Article 6.1 (f) if necessary, to maintain our business relationships with you, to assess your comments/feedback about our Products and Services; to provide you with information about other Smith products and services as indicated by your interest or demand; or
• a legal permission under other national laws equivalent to any of the above, when applicable.

Ensure compliance with laws and regulation
We may process your Personal Data to comply with local laws and regulations. Our processing is based on the following legal permissions:

• GDPR Article 6.1 (c) if necessary, to fulfill legal requirements under European Union or EU Member State law to which Smith and/or its local Smith group entity is subject; and/or
• GDPR Article 6.1 (f) if necessary, to fulfill laws and regulations extraterritorial to the EU (legitimate interest to comply with extraterritorial laws and regulations), or the equivalent articles under other national laws, when applicable.

Operate Site/Applications, offerings, or other online events (“Web Services”)
We may operate our Web Services, and depending on the operating purpose, Smith or the local Smith group entity processing your Personal Data based on the following legal purposes:

• GDPR Article 6.1 (b) and (f) to provide the Web Services and corresponding functions, create and administer your online account, updating, securing, troubleshooting the service, providing support, improving, and developing the Web Service, answering and fulfilling your requests or instruction;
• GDPR Article 6.1 (c) and (f) to manage and ensure the security of our Web Services and prevent and detect security threats, fraud or other criminal or malicious activities and as reasonably necessary to enforce the Web Services terms, to establish or preserve a legal claim or defense, to prevent fraud or other illegal activities, including attacks on our information technology systems; and/or
• GDPR Article 6.1 (a) if it is necessary that we ask you for your consent to process your personal data or equivalent legal permissions under other relevant national laws, when applicable.

Cookies and similar technologies
As described below, we may process your Personal Data by means of cookies or similar technologies. This processing is based on the following legal permissions:

• GDPR Article 6.1 (a) if it is necessary that we ask you for your consent to process your personal data;
• GDPR Article 6.1 (b) if necessary, to fulfill (pre-)contractual obligations with you;
• GDPR Article 6.1 (c) if necessary, to fulfill legal requirements applicable to us;
• GDPR Article 6.1 (f) if the contract or pre-contractual relation relates to a company or other legal body and if we process your personal data as a customer contact; and/or
• Legal permission under other national laws equivalent to any of the above, when applicable.

Collection of data from third-parties, including publicly available sources
We may collect Personal Data about you from third-parties. The collection by Smith and/or our local Smith group entity is based on the following legal permissions:

• GDPR Article 6.1 (a) if it is necessary that we or the third-party transferring your personal data to Smith has asked you for your consent to process your personal data;
• GDPR Article 6.1 (b) if necessary to fulfill (pre-)contractual obligations with you;
• GDPR Article 6.1 (c) if necessary to fulfill legal requirements under European Union or EU Member State law to which Smith (or the local Smith group entity) is subject;
• GDPR Article 6.1 (f) if necessary to fulfill laws and regulations extraterritorial to the EU or to maintain our business relationships with you, ensure your satisfaction as a user or customer representative, and provide you with information about other Smith Products and Services as indicated by your interest or demand; and/or
• Legal permission under other national laws equivalent to any of the above, when applicable.

Offering Products and Services
We may process your Personal Data when we engage in marketing activities. The processing is based on the following legal permissions:

• GDPR Article 6.1 (a) if your consent is required by law for us to process your data for this purpose; and/or
• GDPR Article 6.1 (f) if necessary to fulfill (pre-)contractual obligations with the company or other legal body you represent as a customer contact, to maintain our business relationships with you or your employer, to ensure your satisfaction as a user or customer contact, to map the relevant group internal structures and bundle relevant business activities at central sources within the Smith group to operate them efficiently and to provide you with information about Smith Products and Services as indicated by your interest or demand, which may also comprise the combination about you from different sources (profiling).

What about cross border data transfers?

We may transfer Personal Data to other jurisdictions as necessary for the purposes described above. Specifically, the Site/Applications are often hosted on servers located in the US. In such case, if you are located in a non-US jurisdiction, your Personal Data must be transferred in order to provide you with the requested information, Services or Products. When you provide us with your Personal Data, you are transferring your Personal Data across borders. If the transfer originates from the European Economic Area (“EEA”) to the US or other non-EEA jurisdictions, we have implemented standard contractual clauses approved by the European Commission and other appropriate solutions to address cross-border transfers as required or permitted by Articles 46 and 49 of the General Data Protection Regulation. Where required by such laws, you may request a copy of the suitable mechanisms we have in place by contacting us at [email protected].

Additional information for California residents:

Pursuant to the California Consumer Privacy Act (“CCPA”), if you are a California resident you may ask us to disclose what personal information we have about you and what we do with that information, to delete your personal information, to direct us not to sell or share your personal information, to correct inaccurate information we have about you, and to limit our use and disclosure of your sensitive personal information:

• Right to know: You can request that we disclose to you: (1) the categories and/or specific pieces of personal information we have collected about you, (2) the categories of sources for that personal information, (3) the purposes for which we use that information, (4) the categories of third parties with whom we disclose the information, and (5) the categories of information that we sell or disclose to third parties. Please review the remainder of this policy to learn about what categories and types of information we collect, why we collect the information, and how long we keep the information. You may request this information twice a year, free of charge, by emailing [email protected] or calling +1 713 430 3000 or toll-free, 1-800-468-7866.
• Right to delete: Subject to certain exceptions, you can request that we delete the Personal Data we have collected from you and you may also request Smith tell its service providers to do the same.
• Right to opt-out of sale or sharing: You may request that we stop selling or sharing your Personal Data (“opt-out”). Upon receipt of this request, we will stop the sale or sharing of your Personal Data until we have received contrary instructions from you. We do not sell Personal Data; however, we may transfer your Personal Data as part of a sale or purchase of business units. Further, we may also share your information with third parties as described and for the purposes detailed in this Policy.
• Right to correct: You may request that we correct inaccurate information that we have about you in accordance with the “How do you correct / update personal information?” section of this Policy.
• Right to limit use and disclosure of sensitive personal information: You can direct that we only use your sensitive Personal Data (for example, your social security number, financial account information, your precise geolocation data, or your genetic data) for limited purposes, such as providing you with the services you requested. You may email [email protected] for more information on limiting disclosure of sensitive personal information.

California residents have the right not to be subject to discrimination for exercising their privacy rights under the CCPA, and we will not discriminate on that basis.

Additional Country and Regional Specific Provisions

Where we are subject to the requirements of the Personal Information Protection Law of the PRC, the following also applies:
Smith has appointed a Data Protection Officer for China. Written inquiries, requests or complaints to our Data Protection Officer may be addressed to:
Subject: Attn.: Gordon Qiu, DPO (China)
Email: [email protected]
Address: Units 06‑07, 38F, One Museum Place Office Building, 669 Xinzha Road, Jing’an District, Shanghai, China
Where we are subject to the requirements of the Singapore’s Personal Data Protection Act (“PDPA”), the following also applies:
Smith has appointed a Data Protection Officer for Singapore. Written inquiries, requests or complaints to our Data Protection Officer may be addressed to:
Subject: Attn.: Anwen Jiang, DPO (Singapore)
Email: [email protected]
Address: 24 Pioneer Crescent #02-08, West Park BizCentral, Singapore 628557
Contact: +65 6013 9288

Children’s Online Privacy Act

Our Site/Applications is not intended for use by children. We do not knowingly collect any personal information from children under the age of 13. If we learn that we have received information from a user under the age of 13, we will delete this information in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If you are a parent or guardian and you believe that your child under the age of 13 has provided us with Personal Information without COPPA-required consent, please contact us immediately at [email protected].

How do we keep personal information confidential and secure?

On our side, we have implemented 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.

How can you control cookies and related technologies?

Most web browsers are set to automatically accept cookies. Depending on your browser, you can set your browser to allow you to erase cookies on your computer, block cookies from your computer, or notify you when a cookie is stored on your computer. Please refer to the “help” button (or similar button) on your browser to learn more about how you can do this. Please note that deleting or blocking cookies can impact your user experience on the Site/Applications as certain portions of the Site/Applications may no longer work. If you have any questions, please submit your request through [email protected].
If you use different devices to access the Site/Applications, you will need to ensure that each browser of each device is set to your cookie preference.

More on cookies…

The table below lists the cookies we collect and what information they store. By using the Site/Applications you agree that we can place cookies on your device.
Necessary cookies are absolutely essential for the Site/Applications to function properly. These cookies ensure basic functionalities and security features of the Site, anonymously.

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.

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.

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.

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.

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 ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THAT THE SITE/APPLICATIONS AND ALL SOFTWARE, CONTENT, SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITE/APPLICATIONS ARE MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, SATISFACTORY AS TO QUALITY, ACCURACY, TIMELINESS, OR NON-INFRINGING. WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES.
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 data, business interruption, 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/Applications or the contents of the Site/Applications whether or not based on warranty, contract, tort or any other legal theory, and whether or not Smith is advised of the possibility of such damages.
We use reasonable efforts to ensure the accuracy, correctness and reliability of the content on the Site/Applications, but make no representations or warranties as to the accuracy, correctness or reliability of such content.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE ARISING UNDER THE SITE/APPLICATION OR ANY SERVICES OFFERED BY SMITH IS TO DISCONTINUE THE USE OF THE SITE/APPLICATION. IN NO EVENT SHALL OUR LIABILITY FOR ANY CLAIM RELATING TO THE USE OF THIS SITE/APPLICATION EXCEED THE AMOUNT OF FEES PAID TO US IN THE PREVIOUS 3 MONTHS FOR THE SPECIFIC SERVICE OR PRODUCT AT ISSUE.

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/Applications without prior notice to or consent from you. If changes are material, however, a more prominent notice will be made on our Site/Applications. If you have any questions about our privacy and cookies policy and practices, please email us at [email protected], call us at 1 713 430 3000 or toll-free, 1-800-468-7866. or write to us at the following address:
Smith
Attention: Legal Department – Privacy
5306 Hollister St.
Houston, Texas USA 77040

Consent

By using the Site/Applications, you agree to this Policy.
May 2023