Privacy Policy
Introduction
SmartPath Advisors, LLC (“SmartPath Advisors”, “SPA”, “we”, “us”, or “our”) views protecting its clients private information as a top priority and, pursuant to the requirements of the Gramm-Leach-Bliley Act (the “GLBA”), has instituted the following policies and procedures to ensure that client information is kept private and secure.
Last Updated: August 22, 2024
This policy serves as formal documentation of SmartPath Advisors’ ongoing commitment to the privacy of its clients. All team members will be expected to read, understand, and abide by this policy and to follow all related procedures to uphold the standards of privacy and security set forth by SPA. This Policy, and the related procedures contained herein, is designed to comply with applicable privacy laws, including the GLBA, and to protect nonpublic personal information of SmartPath Advisors’ clients.
In the event of new privacy-related laws or regulations affecting the information practices of SPA, this Privacy Policy will be revised as necessary, and any changes will be disseminated and explained to all personnel.
Scope of Policy
This Privacy Policy covers the practices of SmartPath Advisors and applies to all non-public personally identifiable information of our current and former clients.
Overview of the Guidelines for Protecting Client Information
In Regulation S-P, the U.S. Securities and Exchange Commission (“SEC”) published guidelines, pursuant to section 501(b) of the GLBA, which address the steps a financial institution should take in order to protect client information. The overall security standards that must be upheld are:
- Ensure the security and confidentiality of client records and information;
- Protect against any anticipated threats or hazards to the security or integrity of client records and information; and
- Protect against unauthorized access to or use of client records or information that could result in substantial harm or inconvenience to any client.
Team Member Responsibility
- Each team member has a duty to protect the non-public personal information of clients collected by SPA.
- No team member is authorized to disclose or use the non-public information of clients on behalf of SmartPath Advisors.
- Each team member has a duty to ensure that non-public personal information of SPA’s clients is shared only with team members and others in a way that is consistent with SmartPath Advisors’ Privacy Notice and the procedures contained in this Policy.
- Each team member has a duty to ensure that access to non-public personal information of SPA’s clients is limited as provided in the Privacy Notice and this Policy.
- No team member employee is authorized to sell, on behalf of SmartPath Advisors or otherwise, non-public information of SPA’s clients.
- Team members with questions concerning the collection and sharing of, or access to, non-public personal information should contact Ryan McPherson, SmartPath Advisor’s CCO, for guidance. The CCO is, for the purposes of data privacy compliance, appointed as the Privacy Officer for SPA.
Violations of these policies and procedures will be addressed in a manner consistent with other Company disciplinary guidelines.
Types of Permitted Disclosures – The Exceptions
Regulation S-P contains several exceptions, which permit SmartPath Advisors to disclose client information (the “Exceptions”). For example, SPA is permitted under certain circumstances to provide information to non-affiliated third parties to perform services on SPA’s behalf. In addition, there are several “ordinary course” exceptions, which allow SPA to disclose information that is necessary to administer or provide a service that a client has requested or authorized. Please review the list below:
- To fulfill your requests for our services;
- To communicate with you about our services;
- To improve and/or develop services;
- In conjunction with a sale of our company or our assets, in which case, we may transfer some or all of the Personal Information to the acquiring company
- In any manner consented by you in writing; and/or
- To comply with law enforcement, applicable law, and when disclosure is required by a court, government agency, or regulator.
We disclose your personal information to nonaffiliated third parties as follows:
-Date of Birth / Age Range
-Credit Score
-Financial History
-Income / Salary (Specific Number or Range)
-Non-salary compensation (i.e., equity compensation)
-Account Types
-Desired Retirement Age
-Marital Status
-Dependent Status (Number of Claimed Persons)
-Debt (History / Current Amount)
-Savings (Type / Amount) -401K(k) and 403(b) Contributions
-Pension Details
-Total Assets (Global Amount)
-Living Situation (Rent / Own, Mortgage, Home Value)
-Income Tax Information
-529 Account (Account Value and Contribution Amount)
-HSA Account (Account Value and Contribution Amount)
-FSA Account (Account Value and Contribution Amount)
Evaluate client’s current financial situation and create retirement plan.
Maintain client data and records.
-Advisors’ Notes Regarding the Client’s Finances and Situation
-Recordings of Consultations
-Retirement Planning Reports
-Work files or Client-Provided Documents
Maintain client data and records.
Opting Out
When you use our services, you consent to the collection, use, disclosure, and storage of your personal information for the reasons listed in the previous section on “Types of Permitted Disclosures - the Exceptions”.
We may, from time to time, send you communications related to our services, policy updates, or any other messages that are relevant to you as a SmartPath Advisors client.
We may also choose to send you non-essential communications from time to time. If you do not wish to receive these messages, you may opt out of such communications through the following ways:
- Replying to the message with “unsubscribe” in the body;
- Emailing Ryan McPherson, SPA’s CCO at ryan@smartpathadvisors.co that you would like to unsubscribe; or
- Sending a physical communication here:
Ryan McPherson
Chief Compliance Officer
SmartPath Advisors, LLC
2451 Cumberland PKWY, STE 3954
Atlanta, GA 30339
Please note: Depending on the U.S. Postal Service, or other sending service chosen, physical communications may take multiple days or weeks to arrive. SmartPath Advisors does not have any control over physical communication delivery timelines. While physical communications are in transit, you may still receive non-essential communications as referenced above. Electronic communications are preferred.
We Will Not Sell Your Personal Information
SmartPath Advisors will not sell your Personal Information without your consent. This means that SPA will not disclose your Personal Information to third parties who do not require this data to provide goods or services to SmartPath Advisors.
In the event that SPA needs to disclose your Personal Information in a way that is not for purposes related to providing goods or services to you, we will first obtain your explicit consent before doing so.
This does not apply to any situation where SmartPath Advisors is required to disclose Personal Information to law enforcement, a regulatory body, external investigator, or auditor to comply with legal or regulatory compliance purposes.
We Will Take Reasonable Steps To Keep Your Personal Information Safe
We take reasonable steps to keep your Personal Information safe from loss, unauthorized activity, or other misuse. We implement measures to ensure a level of security appropriate to risks inherent in handling your Personal Information. All of the Personal Information submitted to us is secured using 256-bit encryption.
Even with all of the security measures we do have in place, the nature of the Internet and its methods of data transmission means that we cannot guarantee or warrant the security of Personal Information or any other information or data.
You may have the legal right to ask us to disclose to you the Personal Information we collect, use, and disclose, and opt out of the sale of your Personal Information
If you are a resident of a U.S. state with a privacy law that is applicable to the Personal Information SPA obtains from you, then under such privacy law, you may request SPA to disclose: (i) what Personal Information we have about you, (ii) the types of Personal Information SPA is collecting from you, (iii) what SPA does with that Personal Information, (iv) to delete your Personal Information, and (v) not to sell your Personal Information.
Additional State Privacy Rights
If you live in certain states, you have additional rights on access to information, erasure / deletion of your data, data portability, opting in and out of communications, and non-discrimination. We have summarized your rights below in the following chart and is organized by state. Please click on the state you live in to read more about your rights:
Your Personal Information is stored in the United States
SmartPath Advisors is located in the United States. If you are a resident of any country outside the United States, you understand and agree that SPA stores and processes your Personal Information on computers located in the United States, and that by providing any information to us, you consent to the transfer of such information to the United States.
SmartPath Advisors’ systems are to be used only by persons in North America
SmartPath Advisors’ systems are to be used only by persons located in the United States and are not designed for use, offered to, or intended to be used by, any persons outside of the United States.
If You Have Questions
Please contact SmartPath Advisors’ CCO, Ryan McPherson, via email: ryan@smartpathadvisors.co
If you wish to send a physical communication, please send it here:
Ryan McPherson
Chief Compliance Officer
SmartPath Advisors, LLC
2451 Cumberland PKWY
STE 3954
Atlanta, GA 30339
Please note: Depending on the U.S. Postal Service, or other sending service chosen, physical communications may take multiple days or weeks to arrive. SmartPath Advisors does not have any control over physical communication deliver timelines. Electronic communications are preferred.
Privacy Notice
SmartPath Advisors has developed a Privacy Notice, as required under Regulation S-P, to be delivered to clients initially and on an annual basis. The notice discloses SPA’s information collection and sharing practices and other required information and has been formatted and drafted to be clear and conspicuous. The notice will be revised as necessary any time information practices change.
Privacy Notice Delivery:
Initial Privacy Notice
As regulations require, all new clients receive an initial Privacy Notice at the time when the client relationship is established; for example on execution of the agreement for services.
Annual Privacy Notice
The GLBA regulations require that disclosure of the Privacy Policy be made on an annual basis. SPA will deliver its annual Privacy Notice in conjunction with the annual offer summary of material changes of its Form ADV Part 2.
Revised Privacy Notice
Regulation S-P requires that SPA amend its Privacy Policy and distribute a revised disclosure to clients if there is a change in SPA’s collection, sharing, or security practices.