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Last Updated: April 12, 2024

Privacy Policy

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Toth Capital Management’s policies regarding the collection and sharing of client information.

Client Relationship Summary

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Our Client Relationship Summary (CRS) details the nature of a client relationship at Toth Capital Management, Inc. and what services one can expect from us.

Form ADV

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This document contains information about Toth Capital Management’s business practices and qualifications. It is submitted and registered with the Securities Exchange Commission (SEC) and state securities authorities.

Note: Any capitalized term used herein shall have the meaning assigned to it as in Our User Agreement unless specifically defined herein.

Privacy is paramount at Fly Smoother 'Company'. We recognize the significant trust You place in Us and for that reason We take pain in protecting the data and information You provide to us. In particular Company protects data and information You provide which may be used to personally identify You directly or indirectly (collectively “Personal Data” or “Personal Information”).

This Privacy Policy (hereinafter this “Policy”) is designed to address regulatory requirements in the jurisdictions in which Company Services are available, including the General Data Protection Regulation (“GDPR”), as enacted by the European Commission and the California Consumer Privacy Act (“CCPA”).

This Policy applies to all Personal Data which Company collects whether through this Site or the provision of our Services. If You do not agree with this Policy in any way at all You should immediately cease to use this Site and all Company Services, in general, or any part of it, You should not use the Sites or Services.

By accessing or using this Site or Company’s Services, You agree to this Policy. This Policy may change from time to time . Your continued use of this Site or Company’s Services after We make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 18

Our Site and Services are not intended for children under 18 years of age without parental consent. No one under age 18 may provide any personal information to the Site or to Company. We do not knowingly collect personal information from children under 18 without parental consent. If You are under 18, do not use or provide any information on this Site or through any of its features, register on the Site, make use of Company’s Services, use any of the interactive or public comment features of this Site, or provide any information about Yourself to Company, including Your name, address, telephone number, email address, or any screen name or user name You may use, without parental consent. If We have collected or received personal information from a child under 18 without verification of parental consent, We will delete that information. If You believe We might have any information from or about a child under 18, please contact us at info@flysmoother.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Site, including information:

  • By which You may be personally identified, such as name, postal address, e-mail address, telephone number, social security or passport number or any other identifier by which You may be contacted online or offline;
  • That is about You but individually does not identify You, such as information about the device You use to connect with the website and Your IP address; and/or
  • About Your internet connection, the equipment You use to access our Site, and usage details.

We collect this information:

  • Directly from You when You provide it to us.
  • Automatically as You navigate through the Site and use Company Services. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners.

Information You Provide to Us

The information We collect on or through our Site and Services may include:

  • Information that You provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to our Services, or requesting further Services. We may also ask You for information in order to provide you Services or when You report a problem with our Site.
  • Records and copies of Your correspondence (including email addresses), if You contact us.
  • Your responses to surveys that We might ask You to complete for research purposes.
  • Details of transactions You carry out through our Site and of the fulfillment of Your orders. You may be required to provide financial information before requesting Services through our Site.
  • Your queries of our staff.
  • Information We Require pursuant to law, to perform Services, and as described in Company Terms of Use.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site (“User Content”). Your User Content is posted on and transmitted to others at Your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, We cannot control the actions of other users of the Site with whom You may choose to share Your User Content. Therefore, We cannot and do not guarantee that Your User Content will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As You navigate through and interact with our Site, We may use automatic data collection technologies to collect certain information about Your equipment, browsing actions, and patterns, including:

  • Details of Your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that You access and use on the Site.
  • Information about Your computer and internet connection, including Your IP address, operating system, and browser type.

The information We collect automatically may include personal information, We may maintain it or associate it with personal information We collect in other ways or receive from third parties. It helps us to improve our Site and Services allowing Us to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about Your preferences, allowing us to customize our Site according to Your individual interests.
  • Improve Services.
  • Recognize You when You return to our Site.

The technologies We may use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of Your computer. You may refuse to accept browser cookies by activating the appropriate setting on Your browser. However, if You select this setting You may be unable to access certain parts of our Site. Unless You have adjusted Your browser setting so that it will refuse cookies, our system will issue cookies when You direct Your browser to our Site.
  • Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about Your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing Your privacy and security settings for Flash cookies, check our website to discover   Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some of the Services we provide requires that your information be provided to third-party partners. In the event you access third-party partners’ websites, or that we do so on your behalf, such partners may use tracking technologies to collect information relating to you.

In the event you do not wish this to occur, please direct us to use no third-party website. In the event you direct us to abstain inputting your information to such sites, certain Services, or all Services may be unavailable to You. We shall not be liable for any such unavailability, nor shall our inability to complete Services due to Your instruction entitle you to a refund of any sort.

We do not control these third parties’ tracking technologies or how they may be used. If You have any questions about an advertisement or other targeted content, You should contact the responsible provider directly. For information about how You can opt out of receiving targeted advertising from many providers, see check our website to discover Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that We collect about You or that You provide to us, including any personal information:

  • To present our Site and its contents to You.
  • To provide You with information, products, or Services that You request from us.
  • To fulfill any other purpose for which You provide it.
  • To provide You with notices about Your account, including notices relating to trip purchases and itineraries.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between You and us, including for billing and collection.
  • To notify You about changes to our Site or any products or services We offer or provide through it.
  • To allow You to participate in interactive features on our Site.
  • In any other way We may describe when You provide the information.
  • To Comply with Applicable Law
  • To Comply with internal programs and contractual obligations.
  • For any other purpose with Your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Information that We collect or You provide as described in this Policy:

  • To our subsidiaries, partners, and affiliates.
  • To contractors, service providers, and other third parties We use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Company about our Site’s users is among the assets transferred.
  • To fulfill the purpose for which You provide it.
  • For any other purpose disclosed by us when You provide the information.
  • With Your consent.

We may also disclose Your personal information:

  • To comply with any court order, law, legal process, or regulation, including to respond to any government or regulatory request.
  • To enforce or apply Our Terms of Use, available at [web page], or other agreements, including for billing and collection purposes.
  • If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Retention of Certain Data

Personal Information collected to comply with our legal obligations under financial or anti-money laundering laws may be retained after account closure for as long as required under such laws.

Contact information such as Your name, email address and telephone number for marketing purposes is retained on an ongoing basis until You unsubscribe. Thereafter We will add Your details to our suppression list to ensure We do not inadvertently market to You.

Choices About How We Use and Disclose Your Information

We strive to provide You with choices regarding the personal information You provide to Us. We have created mechanisms to provide You with the following control over Your information:

  • Tracking Technologies and Advertising. You can set Your browser to refuse all or some browser cookies, or to alert You when cookies are being sent. To learn how You can manage Your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If You disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

We do not control third parties’ collection or use of Your information to serve interest-based advertising. However, these third parties may provide You with ways to choose not to have Your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: info@flysmoother.com. However, please know Wedo not currently sell data triggering that statute’s opt-out requirements.

Accessing and Correcting Your Information

You can review and change Your personal information by logging into the Site and visiting Your account page.

You may also send us an email at info@flysmoother.com to request access to, correct or delete any Personal Information that You have provided to us. We cannot delete Your personal information except by also deleting Your user account. We may not accommodate a request to change information if We believe the change would violate any law or legal requirement or cause the information to be incorrect.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Your California Privacy Rights

If You are a California resident, California law may provide You with additional rights regarding our use of Your personal information. To learn more about Your California privacy rights, check  CCPA PRIVACY NOTICE FOR CALIFORNIA RESIDENTS on our website.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@flysmoother.com.

Changes to Our Privacy Policy

It is our policy to post any changes We make to our privacy policy on this page. If We make material changes to how We treat our users’ personal information, We will notify You by email to the email address specified in Your account and/or through a notice on the Site home page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring We have an up-to-date active and deliverable email address for You, and for periodically visiting our Site and this Policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: info@flysmoother.com.

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