Privacy Policy

Colorado, Connecticut, Delaware, Oregon, Texas, and Virginia

This additional data privacy rights page applies to clients in the following states, in accordance with the following applicable laws:

  • Colorado - Colorado Privacy Act
  • Connecticut - An Act Concerning Personal Data Privacy & Online Monitoring
  • Delaware - Delaware Personal Data Privacy Act
  • Oregon - Oregon Consumer Data Privacy Act
  • Texas - Texas Data Privacy & Security Act
  • Virginia - Virginia Consumer Data Privacy Act

Last updated: August 30, 2024

Under these laws, if you are a client residing in one of these states, you have the following privacy rights:

The Right to Know: 

This means that you have the right to request us to provide you with the following personal information, including:

  • The types of personal Information we collect about you
  • The reasons for which we collect, use, disclose, and store your personal information
  • To whom we disclose the data and the business reason(s) for doing so
  • How to delete your personal information
  • Direct us not to sell your personal information

Specifically, you also have the right to the following:

  • The categories of personal information SmartPath Advisors has collected about you.
  • The categories of sources from which SmartPath Advisors collected the personal information.
  • SmartPath Advisors' business or commercial purpose for collecting or selling personal information.
  • The categories of third parties with whom SmartPath Advisors shares personal information.
  • The specific pieces of personal information SmartPath Advisors has collected about that client.
  • The categories of personal information that SmartPath Advisors has disclosed or shared about you, and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was disclosed or sold.
  • The categories of personal information that SmartPath Advisors disclosed about you for a business purpose.
  • The technical, operational, and security measures that are in place to protect the confidentiality, integrity, and accessibility of personal data and to reduce reasonably foreseeable risks of harm to clients.

We will provide you with a listing of the Personal Information, the third parties with whom we share that data, and the purpose of that disclosure. This applies to only the Personal Information we have collected, used, shared, and stored within the last twelve (12) months. Additionally, we may provide personal information to a client at any time, but under law are not required to provide personal information to a client more than twice in a 12-month period.

The Right of Deletion: 

You have the right to direct us to delete any extraneous or unnecessary Personal Information we have collected about you. This includes any Personal Information that we have collected or shared with our third-party vendors to provide you with our services. This does not, however, apply to any Personal Information you provide that is required to continue to use our services.

Right to Opt-In for Processing Sensitive Personal Information: 

During the course of providing services to you, we may require access to Sensitive Personal Information about you. ”Sensitive Personal Information” means your racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexuality, citizenship or immigration status, genetic or biometric data, children's data, or precise geolocation data., which we do not collect to provide you with services.

However, in the event that we need this information to continue providing services to you, we will not process the data without first advising you why we require this data, and we would only proceed after obtaining your express written consent. You are free to withdraw your consent at any time, and we will endeavor to delete the Sensitive Personal Information afterward if it is not longer required to provide you with services.

Right of Correction:

If any of the Personal Information we have about you is incorrect, you may contact us to make corrections to reflect the accuracy of the Personal Information we have about you. Please note the following limitations on this right of correction:

  • This only applies to any factually incorrect Personal Information
  • Any incorrect or inaccurate Personal Information about you that originates from a third-party source cannot be corrected. 

Do Not Sell: 

Under applicable state law, a “sale” of Personal Information is disclosure of your data for the purpose of cross-context behavioral advertising, which is the targeting of advertising to a client based on the client’s personal information obtained from the client’s online activity across numerous websites.

SmartPath Advisors does not sell Personal Information.

Please note that a “sale” of Personal Information does not apply to any disclosure of data that is required for us to provide you with our services as a client of SmartPath Advisors. A “sale” only applies to any secondary (optional) use of the Personal Information.

You may opt out of receiving non-essential e-mail communications at any time. Please see the "To Exercise Your Rights" section below for directions.

Right of Non-Discrimination:

SmartPath Advisors will not discriminate against you if you choose to exercise your privacy rights under state law. This means that we will not deny you services or provide a different level or quality of services just because you exercised your rights under applicable state law.

Personal Information of Minors:

SmartPath Advisors does not knowingly collect the Personal Information of minors or persons under the age of eighteen (18). All users of our systems must be the age of majority.

Right Against Profiling & Automated Decision-Making:

We do not use your Personal Information to perform any “profiling” on our clients. This means that we do not create profiles intended to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. We also do not make any fully-automated decisions affecting your rights, privileges, or access to our services using automation without human intervention.

To Exercise Your Rights:

You can exercise your request rights yourself or through an authorized agent by contacting us by email to: ryan@smartpathadvisors.co, Subject: SmartPath Advisors Privacy Policy. 

You may send 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.

Please provide your contact information so that we may respond to your request. Once received we have up to forty-five (45) days under applicable law to process your request to delete your Personal Information. However, if your request involves a considerable amount of data and will take more time to process, we are permitted up to an additional forty-five (45) days to fulfill your request.