Privacy & Security Policy

Effective date: 11/16/2021 This Privacy & Security Policy (“Policy”) applies to personal information collected by Smartwork, Inc. (“we” “us” or “our”) through the website at http://www.penelope.co (the “Site”) or the retirement platform or applications that we offer (collectively, the "Service"). By accessing or using the Site or the Service, you agree to this Policy and our Terms of Use. If you do not agree to this Policy, then you should not use the Site or the Service.

What Personal Information Do We Collect and What are the Sources of that Information?

If you register to use the Service, we need to collect and retain the following personal information that you provide: Name, date of birth, social security number, email address, employer and physical address. We are required by ERISA law to maintain this information to provide the Service. In addition, the Service provides a technology platform to your employer to offer you the ability manage retirement funds in your employer’s 401(k) and other retirement plans (the “Plans”). Your employer may provide information about you as necessary for your participation in the Plan and our providing the Service, including your name, position, salary, contributions, social security number and banking information.

We also collect certain information from your use of the Service such as the investments and transactions you make. We also collect information, such as your name, email address and phone number, when you contact us about the Service or sign up for alerts or newsletters.

How Do We Use Your Personal Information?

We use the personal information we collect for the following purposes:

1. To provide the Service;

2. To communicate with you, respond to your inquiries and provide customer service;

3. To improve and develop the Service and new products and services;

4. To protect the security of the Service, systems and infrastructure;

5. To market the Service and the products and services of others to you;

6. To detect and prevent fraud and other illegal activities;

7. To comply with law and legal and reporting obligations;

8. To exercise and defend legal claims; and

9. For other purposes consistent with the purpose for which the personal information was collected.

With Whom Do We Disclose or Share Your Personal Information?

We may disclose your personal information as follows:

1. Employer: we may share your personal information with your employer in connection with the Plans that are provided through the Service;

2. Plan Administrators: we share your personal information with the administrators, sponsors and brokers associated with the Plans provided through the Service so that they can process your contributions, investments and other transactions;

3. Consent: Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third-party application or website to access your account or when you participate in promotional activities conducted by our partners or third parties.

4. Affiliates: We may disclose the information we collect from you to our affiliates or subsidiaries solely for the purpose of providing the Service to you; however, if we do so, their use and disclosure of your personally identifiable information will be maintained by such affiliates and subsidiaries in accordance with this Policy.

5. Service Providers: We may disclose the information we collect from you to third-party vendors, service providers, contractors or agents who perform functions on our behalf.

6. Business Transfers: If we are acquired by or merged with another company or entity, if substantially all of our assets are transferred to another company or entity, including as part of a bankruptcy proceeding or corporate reorganization, or are in negotiations for any of these types of transactions, we may transfer the information we have collected from you to the other company or entity.

7. In Response to Legal Process: We may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order or other legal process, such as in response to a subpoena.

8. To Protect Us and Others: We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, the Service, violations of our Terms of Use or this Policy or as evidence in litigation in which we are involved.

We may share aggregate or de-identified information about users and their use of the Service with third parties and publicly for marketing, advertising, research or similar purposes. We do not share your personal information with third parties for their direct marketing purposes.

Our Use of Cookies and Other Tracking Technologies

We and our service providers use cookies and other tracking mechanisms to track information about your use of the Site and Service, including but not limited to Google Analytics’ technologies. We use these tools to help us improve the Service, performance and user experiences. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf). The use of these technologies as configured may include the sending of cookies to your computer or mobile device. For more information about Google Analytics, please visit: https://www.google.com/analytics.

Cookies are small data files stored on your hard drive or in device memory that help us to improve the Site and your experience, to see which areas and features of the Site are popular, and to count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images or other computer codes that may be used in the Site or emails and help deliver cookies, count visits, understand usage and the effectiveness of our communications and determine whether an email has been opened and acted upon.

Cookies can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). Check your browser settings to learn how to delete cookies. Controlling cookies via browser controls may not limit our use of other technologies. Please consult your browser’s settings for more information. However, blocking cookies or similar technology might prevent you from accessing some of our content or Site features. However, our systems do not recognize browser “do-not-track” requests.

Third-Party Links

The Site and Service may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Retention of Information

We retain your information for as long as you have an account on or access or use the Service. We may retain certain information for longer period of times as required by law or for legitimate business purposes.

What Rights Do You Have to Your Personal Information?

If you wish to access, review or update your personal information, you call always email us at info@penelope.co. You can also update your personal information in your account profile. We may request additional information to verify your identity before responding to such a request.

Location of Information

The Site and Service are offered from and only available to users in the United States. We store any information we collect in the United States. If you access the Service or Site from outside the United States, you agree to the transfer of your information to the United States, which may have less protections for your personal information than your jurisdiction of residence.

Children Under 13

The Site and Service are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

Contact Us

If you have questions about the privacy aspects of the Site or Service or would like to make a complaint, please contact us at info@penelope.co.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on the Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on the Site or if you have an account with us, providing notice to the email address in your account (for this reason you should make sure to update your account information promptly if it changes).

Security

We endeavor to keep your personal information secure. We encrypt all your personal data to keep it safe. Our streamlined login process also uses 2-factor authentication to maintain the security of your account. Our verification process uses a personal mobile phone number that you provide for account recovery. We’ve established this process to prevent fraud and illegitimate access to your account on the platform. However, we cannot guarantee 100% security or that transactions over the Internet are 100% secure. You should contact us immediately if you become aware of any unauthorized use of your password or your account.