Terms and Conditions

Last Updated: November 15, 2024

Welcome to SMP! These Terms and Conditions ("Terms") govern your access to and use of the services ("Services") provided by SMP ("we," "our," or "us"). By engaging our Services, you ("Client" or "you") agree to be bound by these Terms.

1. Services Provided

SMP offers consulting services in the following areas:

• Business Strategy, Consulting, Marketing

The scope of each engagement will be agreed upon in a separate statement of work (SOW) or contract.

2. Engagement and Agreement

• Upon agreeing to engage us for services, a formal written agreement (e.g., a Statement of Work, Master Service Agreement, Proposal, etc.) may be created outlining the specific details of the project, including deliverables, timelines, and payment terms.
  
  

• Our Services are provided based on the information you supply to us. You agree to provide accurate and complete information for us to perform our Services.
  
  

3. Payment Terms

• Fees for our Services will be outlined in the relevant agreement (e.g., Statement of Work or Contract). Unless otherwise agreed, payments are due upon invoice and are payable within 30 days of the invoice date.
  
  

• If the Client fails to make timely payment, SMP reserves the right to suspend or terminate services until payment is received.
  
  

• Late payments may incur interest at a rate of 1% per month or the highest rate allowed by applicable law.
  
  

• Additional charges may apply for out-of-scope work, which will be communicated and agreed upon in writing before commencing.
  
  

4. Client Responsibilities

• You agree to provide timely feedback and decisions to enable us to perform the Services in a professional and efficient manner.
  
  

• You are responsible for providing access to necessary personnel, data, and resources, as required for the completion of the Services.
  
  

• The Client acknowledges that any delays in providing required information or approvals may affect the timelines and delivery of the Services.
  
  

5. Confidentiality

• Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the engagement. This includes any business, financial, or technical information that is not publicly available.
  
  

• Confidential information will not be disclosed to any third party without prior written consent, except as required by law.
  
  

6. Intellectual Property

• All intellectual property (IP) developed during the course of providing Services shall be owned by SMP unless otherwise agreed upon in writing.
  
  

• Upon full payment for the Services, the Client may be granted a non-exclusive, non-transferable license to use any deliverables provided for the purpose outlined in the engagement agreement.
  
  

• You agree not to reproduce, distribute, or otherwise exploit any of our proprietary materials without our express written consent.
  
  

7. Limitation of Liability

• To the fullest extent permitted by law, SMP's liability for any claim arising out of or related to these Terms, the Services, or the performance of this Agreement shall be limited to the amount paid by the Client for the specific Services giving rise to the claim.
  
  

• SMP shall not be liable for any indirect, consequential, special, or punitive damages, including but not limited to loss of profits, loss of business, or reputational damage, even if we were advised of the possibility of such damages.
  
  

8. Termination

• Either party may terminate the agreement by providing 30 days written notice, subject to the terms outlined in the relevant contract or Statement of Work.
  
  

• Upon termination, the Client will be responsible for payment for Services rendered up to the date of termination.
  
  

• If either party breaches any material term of these Terms and fails to remedy the breach within 10 business days, the other party may terminate the agreement immediately.
  
  

9. Force Majeure

Neither party will be liable for any delay or failure in performance of their obligations under this Agreement due to events beyond their reasonable control, such as natural disasters, war, strikes, or other unforeseen events.

10. Dispute Resolution

• Any dispute arising out of or related to this Agreement shall be resolved through mediation or arbitration in Wyoming, United States.
  
  

• If mediation or arbitration does not resolve the dispute, the parties may pursue legal action in the courts of Wyoming, United States.
  
  

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Wyoming, United States.

12. Amendments and Updates

SMP reserves the right to modify or amend these Terms at any time. Any changes will be posted on our website, and the new version will take effect immediately upon posting. It is your responsibility to review these Terms periodically.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

14. Entire Agreement

These Terms, along with any additional agreements or statements of work signed by both parties, constitute the entire agreement between SMP and the Client. No oral statements or prior written material shall have any force or effect.

15. Data Protection and GDPR Compliance

SMP is committed to protecting and respecting your privacy and complies with applicable data protection laws, including the General Data Protection Regulation (GDPR) (EU) 2016/679.

15.1 Definitions

For the purposes of these Terms, the following definitions apply:

• Personal Data: Any information relating to an identified or identifiable natural person.

• Data Controller: The party that determines the purposes and means of processing Personal Data (typically the Client).

• Data Processor: The party that processes Personal Data on behalf of the Data Controller (typically SMP if we handle Personal Data for the Client).

• Data Subject: An individual whose Personal Data is being processed.

15.2 Data Processing Agreement (DPA)

If SMP processes Personal Data on behalf of the Client in the course of providing Services, a separate Data Processing Agreement (DPA) will be entered into between the parties. This DPA will govern the specific terms under which Personal Data is processed, including the following:

• Types of Personal Data: The categories of Personal Data that we may process, which could include names, contact details, business data, etc.
  
  

• Purposes of Processing: The reasons why we process Personal Data, such as providing consulting services, communication, and fulfilling our contractual obligations.
  
  

• Duration of Processing: Personal Data will be retained only for as long as necessary to fulfill the purpose for which it was collected, or as required by law.
  
  

• Security Measures: We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risks, including the use of encryption, access controls, and data anonymization techniques.
  
  

15.3 Data Subject Rights

As required under the GDPR, the Client agrees to respect the rights of data subjects. These rights include:

• Right to Access: Data subjects have the right to request access to their Personal Data.

• Right to Rectification: Data subjects can request the correction of inaccurate or incomplete Personal Data.

• Right to Erasure ("Right to be Forgotten"): Data subjects may request the deletion of their Personal Data under certain conditions.

• Right to Restrict Processing: Data subjects can request restrictions on the processing of their Personal Data.

• Right to Data Portability: Data subjects may request to receive their Personal Data in a structured, commonly used format for transfer to another data controller.

• Right to Object: Data subjects may object to the processing of their Personal Data on certain grounds.

If the Client is required to comply with any of the above rights, SMP will provide reasonable assistance in complying with the relevant request, subject to the scope of our contractual obligations.

15.4 Data Transfers

If Personal Data is transferred outside of the European Economic Area (EEA), we will ensure that such transfers comply with applicable data protection laws, including the use of appropriate safeguards, such as Standard Contractual Clauses (SCCs), as necessary.

15.5 Data Breaches

In the event of a data breach involving Personal Data, we will notify the Client within 3 working days of becoming aware of the breach, where required by law, and will provide reasonable assistance in managing the breach and fulfilling any legal obligations.

15.6 Sub-processors

We may engage third-party sub-processors to assist in providing the Services. Any sub-processor we engage will be bound by terms at least as protective as those outlined in this section. We will notify the Client of any changes to sub-processors and provide the opportunity to object.

15.7 Compliance

Both parties agree to comply with all applicable data protection laws, including GDPR, and acknowledge that failure to do so may result in penalties, liabilities, or other legal consequences.

16. Contact Information

For any questions regarding these Terms, or to exercise your rights under data protection laws, please contact us at:

• SMP

• Address: 1309 Coffeen Avenue, Sheridan, Wyoming 82801

• Phone: 307-337-0735

• Email: support@gosmp.co

By engaging our Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions, including the Data Protection and GDPR Compliance clauses.

Privacy Policy

Last Updated: November 15, 2024

At SMP ("we," "our," "us"), we value your privacy and are committed to protecting your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your data when you visit our website www.gosmp.co (the "Site") and engage with our services.

By accessing or using our Site, you consent to the practices outlined in this Privacy Policy. If you do not agree with this policy, please do not use the Site.

1. Information We Collect

We collect the following types of information from users of our Site:

1.1 Personal Information

Personal information is information that can identify you as an individual. We collect this information when you interact with our Site, such as when you contact us, sign up for newsletters, or request a consultation. This may include:

• Name

• Email address

• Phone number

• Company name (if applicable)

• Job title

• Billing information (e.g., payment details)

1.2 Non-Personal Information

Non-personal information is data that does not identify you personally. This information is collected automatically when you use our Site and may include:

• IP address

• Browser type

• Device type

• Operating system

• Referring URLs (web pages you visited before arriving at our Site)

• Pages you visit on our Site

• Time spent on our Site

We may collect this information through the use of cookies and other tracking technologies.

2. How We Use Your Information

We use the information we collect for the following purposes:

• To provide and improve our consulting services

• To communicate with you regarding our services, inquiries, or appointments

• To respond to your requests, questions, or comments

• To send you newsletters, promotional materials, or updates (if you have opted in)

• To process payments and manage billing

• To improve the functionality and user experience of our Site

• To monitor and analyze trends, usage, and activities on the Site

• To comply with legal obligations and protect our rights

3. How We Share Your Information

We do not sell, rent, or trade your personal information. However, we may share your information with third parties in the following circumstances:

• Service Providers: We may share your information with third-party service providers who assist us in operating our Site or delivering services to you. These may include hosting providers, payment processors, email service providers, and marketing platforms.
  
  

• Legal Compliance: We may disclose your information if required by law or in response to a subpoena, court order, or other legal process, or when we believe in good faith that such disclosure is necessary to protect our rights, your safety, or the safety of others.
  
  

• Business Transfers: In the event of a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction.
  
  

• Aggregated or Anonymized Data: We may share aggregated or anonymized data for research, marketing, or analytical purposes. This data will not be personally identifiable.
  
  

4. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to enhance your experience on our Site and for the purposes described in this Privacy Policy. Cookies are small text files stored on your device that help us remember your preferences, improve functionality, and analyze Site usage.

4.1 Types of Cookies We Use

• Essential Cookies: These are necessary for the basic operation of the Site (e.g., to remember your preferences or allow login functionality).

• Analytics Cookies: These help us understand how visitors interact with our Site so we can improve the user experience. We use tools like Google Analytics for this purpose.

• Marketing Cookies: These are used to track your activity on the Site and may be used to display relevant advertisements or promotions.

4.2 Managing Cookies

Most web browsers allow you to control cookies through the browser settings. You can choose to block or delete cookies through your browser settings. However, if you disable cookies, some parts of the Site may not function properly.

For more information on how to manage cookies, you can visit the help section of your browser or use online resources to learn how to control cookie preferences.

5. Data Security

We implement reasonable technical and organizational measures to safeguard your personal information from unauthorized access, use, alteration, or disclosure. However, please note that no data transmission over the internet or method of electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee its absolute security.

6. Your Data Protection Rights

Depending on your location, you may have certain rights regarding your personal data. If you are a resident of the European Economic Area (EEA) or other jurisdictions with data protection laws, you may have the following rights:

• Right to Access: You can request a copy of the personal data we hold about you.

• Right to Rectification: You can request that we correct any inaccurate or incomplete personal data.

• Right to Erasure: You can request that we delete your personal data under certain conditions.

• Right to Restrict Processing: You can ask us to limit the processing of your personal data in certain circumstances.

• Right to Data Portability: You can request a copy of your personal data in a structured, commonly used format, and transfer it to another service provider.

• Right to Object: You can object to the processing of your personal data under certain conditions.

If you would like to exercise any of these rights, please contact us at “support@gosmp.co”. We will respond to your request in accordance with applicable law.

7. International Data Transfers

If you are located outside of the United States or the European Economic Area (EEA), please note that your personal data may be transferred to and processed in United States. We take appropriate steps to ensure that your personal data is handled securely and in accordance with applicable data protection laws.

8. Links to Third-Party Websites

Our Site may contain links to third-party websites or services. We are not responsible for the privacy practices or content of those websites. We encourage you to read the privacy policies of any third-party sites you visit.

9. Children's Privacy

Our Site is not intended for children under the age of 13, and we do not knowingly collect personal information from children. If we become aware that we have inadvertently collected personal data from a child under 13, we will take steps to delete such information.

10. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. When we make changes to this policy, we will update the "Last Updated" date at the top of this page. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information.

11. Contact Us

If you have any questions about this Privacy Policy or how we handle your personal data, please contact us at:

• SMP

• Address: 1309 Coffeen Avenue, Sheridan, Wyoming 82801

• Email: support@gosmp.co

• Phone: 1-307-337-0735

By using our Site, you agree to the collection, use, and sharing of your personal information as described in this Privacy Policy.