Privacy Policy

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Privacy Policy

Updated November 2022

Effective Date: November 15, 2022

Welcome to the Wiss & Company, LLP website (hereinafter “Wiss,” “we” or “us”) at https://wiss.com (including all content under the “wiss.com” domain name, and referred to herein as the “Website”). This notice (“Privacy Policy”) is included with and supplements our Website Terms of Use. We provide the Website and the associated services, data, information, tools, software, updates and materials (altogether, the “Services”), subject to your agreement to and compliance with the terms and conditions set forth in the Terms of Use and this Privacy Policy. This Privacy Policy explains our online information collection and use practices, and the choices you can make about the way we use such information. It is important that you take the time to read and understand this Privacy Policy so that you can appreciate how we use your personal information. REMEMBER IF YOU USE OR ACCESS THE WEBSITE, YOU AGREE TO THIS PRIVACY POLICY. AS WE UPDATE THE WEBSITE OR EXPAND OUR SERVICES, WE MAY CHANGE THIS PRIVACY POLICY UPON NOTICE TO YOU. HOWEVER, PLEASE REVIEW IT FROM TIME TO TIME.

For users that are citizens of the European Union (“EU”), this Privacy Policy is subject to the provisions of the General Data Protection Regulation (“GDPR”) and other applicable privacy laws. In such case, we agree that under the GDPR, we are a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.” Your Personal Data may identify you as a person, and thus is often referred to as Personally Identifiable Information (“PII”). We will take commercially reasonable steps to maintain compliance with GDPR requirements.

    1. Who Collects Your Information On Our Website?

    We do. Under the GDPR, we are the controller of any personal data that you provide to us. We collect information from you on the Website, and we are responsible for protection of your information.

    2. What Information Do We Collect?

    A. Requested Information. On various pages on the Website, we may request specific PII about you in order to register you for an account to use our Services, add you to our email list, or fulfill your requests for information. You may choose not to provide your PII, but then you might not be able to take advantage of some of the features of our Website and Services. We only collect basic personal data about you that does not include any special types of information (e.g., health-related) as defined in the GDPR. The types of personal information we collect and save include:

    • Contact and account registration information such as name, email address, physical address, phone number, business name, business URL, type of industry, and job title;
    • Contact information that you provide via our request to ‘Subscribe to our weekly mailings’ where we collect PII (e.g., name, email) via the Subscribe form;
    • Real estate information via our Cost Segregation Estimator tool such as name, address, email, phone, total purchase price, value of the land, placed in service date, type of property, square footage, area in acres, number of tenants, and property occupied by;
    • Information that you provide in using our Services, such as information about your clients or customers, their addresses, financial information, and similar content you process through the Services;
    • Contact information that you provide via our Client Portal (where clicking ‘Sign Up’ launches an email from which we collect PII (i.e., name, email address, phone number));
    • Contact information that you provide via our ‘Get In Touch’ form where we collect PII (i.e., name, email address, company name, job title);
    • Information you provide such as feedback, comments or other messages;
    • Technical information collected in our logs (to include standard web log entries such as your IP address, page URLs, and timestamps); and
    • Device information such as mobile phone provider associated with the device you are using to access the Website or Services, your electronic device’s unique identifier, the type of device and its operating system, the pages or features accessed most frequently, calls and messages placed through the Website or Services, how pages or features of the Services are used, search terms entered, and similar analytics about use of the Website or Services

    B. Anonymous and Aggregate Information. We may also collect anonymous, non-identifying and aggregate information such as the type of web browser you are using, electronic device type, the operating system you are using, and the domain name of your Internet service provider (“Anonymous Data”). We may further aggregate and combine your de-identified Anonymous Data (such as age, gender, race, religion, marital status, net worth, household income, the type of web browser you are using, electronic device type, the operating system you are using, and the domain name of your Internet service provider) with the Anonymous Data of others (“Aggregated Data”). To the extent that we collect any Anonymous Data or Aggregated Data, we shall own such Anonymous Data or Aggregated Data and may use it for any lawful business purpose without a duty to account for such use to you, provided that Anonymous Data is used only in an aggregated form, without specifically identifying the source of the Anonymous Data. Without assuming any obligations or liabilities of yours, we agree to use commercially reasonable efforts to comply with applicable laws and regulations respecting the dissemination and use such Anonymous Data or Aggregated Data.

    C. Location Information. We may collect, maintain, process and use your location data, including the real-time geographic location of your mobile device (“Location Data”) as necessary to provide the Services’ full functionality. By using or activating any location-based services on a mobile device, you agree and consent to our collection, maintenance, publishing, processing and use of your Location Data in order to provide you with the Services. We do not collect Location Data in a form that personally identifies you. You may withdraw your consent to our use of your Location Data at any time by turning off the location-based services on the mobile device you are using, or by not using any location-based features. Turning off or not using location-based features may impact the functionality of the Services as delivered to you. Location Data provided by the Services is used for basic navigational purposes only, and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete Location Data may lead to death, personal injury, property or environmental damage. Any use of real-time route guidance via the Services is at your sole risk. You understand that Location Data provided by the Services may not be accurate. We do not guarantee the availability, accuracy, completeness, reliability or timeliness of Location Data displayed by the Services.

    3. Why Is My Information Being Collected?

    We need to collect your personal information so that we can respond to your requests for information and demonstrations, add you to our emailing lists, and process your requests for access to our Services. We also collect aggregate information to help us better design the Website and the Services. We collect log information for monitoring purposes to help us to diagnose problems with our servers, administer the Website, calculate usage levels, and otherwise provide Services to you.

    4. How Do We Use the Information We Collect?

    A. We use the personal information you provide for the purposes for which you have submitted it. We may also email you several times after your inquiry in order to follow up on your interest, and ensure that we have answered you to your satisfaction. We do this based on our legitimate interest in providing accurate information prior to completing a transaction. Our uses of your personal information include:

    • Responding To Your Inquiries and Fulfilling Your Requests. We may use your PII to respond to your inquiries and to fulfill your requests for information.
    • Creating and Maintaining Your User Account. We use your PII to create and maintain an account for you to allow you to purchase and use the Services we make available on the Website.
    • Communicating With You About Our Services. We may use your PII to send you information about new Services and other items that may be of interest to you.
    • Improving Our Services. We may use your information to make our platform more stable and user-friendly, to analyze Services issues, and to develop new marketing programs relating to the Services.
    • Sending Administrative Emails. We may use your PII to send you emails to: (a) confirm your account and your other PII, (b) process your transactions to purchase our Services, (c) provide you with information regarding the Website, or (d) inform you of changes to this Privacy Policy, our Terms of Use, or our other policies.

    B. We may use anonymous information that we collect to improve the design and content of our Website, and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze how our Website and Services are used, analyze industry trends, as well as to offer you programs or services.

    C. We do not use the information you provide to make any automated decisions that might affect you.

    5. Do We Share Your Personal Information?

    A. In general, we will not share your personal information except: (a) for the purposes for which you provided it; (b) with your consent; (c) as may be required by law (e.g., in response to a court order or subpoena, or in response to a law enforcement agency request); (d) as we think necessary to protect our organization or others from injury (e.g., when we believe that someone is causing, or is about to cause, injury to or interference with the rights or property of another); or (e) on a confidential basis with persons or organizations with whom we contract to carry out internal site operations or as necessary to render the Services. With your knowledge and consent, we may share your personal information with our service providers and business partners. We may also share aggregate information with others, including affiliated and non-affiliated organizations. Finally, we may transfer your personal information to our successor-in-interest in the event of an acquisition, sale, merger or bankruptcy.

    B. If you are applying for employment with Wiss, we ask you to fill out employment forms that are powered by our service provider, iCIMS at www.icims.com. In this case, iCIMS will collect your PII and provide it to us under the terms of this Privacy Policy.

    6. Are There Other Ways My Personal Data Could Be Shared?

    You may elect to share certain personal information with individuals or with the public via your use of the Website. In this case, you will control such sharing via settings that we provide. For example, the Website may make it possible for you to publicly share information via social media such as Facebook or Twitter. Be aware that when you choose to share information with friends, public officials, or with the public at large, you may be disclosing sensitive information, or information from which sensitive information can be inferred. Always use caution when sharing information through the Website. You understand and agree that we are not responsible for any consequences of your sharing of information through and beyond the Website.

    7. How Can You Access and Control Your Information?

    A. After registering for an account on the Website, you may log-in to the account and edit your personal information in your profile. For instructions on how you can further access your personal information that we have collected, or how to correct errors in such information, please send an e-mail to customerservices@wiss.com. We will also promptly stop using your information and remove it from our servers and database at any time upon your e-mail request. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access, making corrections or removing your information.

    B. If we are processing your Personal Data for reasons of consent or to fulfil a contract, you can ask us to give you a copy of the information in a machine-readable format so that you can transfer it to another provider.

    C. You may “opt out” of having your Personal Data used for direct marketing. For that purpose, Wiss participates in the Direct Marketing Association’s Mail Preference Service, a service that provides a coordinated “opt out” program that can be accessed at www.dmachoice.thedma.org. If it is impracticable for you to “opt out” of having your Personal Data used for direct marketing in advance, you may advise Wiss by e-mail at customerservices@wiss.com that you decline to receive any further direct marketing communications and we will comply with your wishes.

    D. If you have a complaint about our use of your information, we would prefer you to contact us directly in the first instance so that we can address your complaint. You may also, however, contact the UK Information Commissioner’s Office via their website at www.ico.org.uk/concerns.

    E. If you are an EU citizen and believe that we have misused your Personal Data, you have the right to contact the European Data Protection Supervisor (“EDPS”) to ask the EDPS for advice on how to exercise your rights or to ask the EDPS to investigate a complaint. For more information, see EDPS Complaints.

    8. How Do We Store and Protect Your Information?

    A. After receiving your personal information, we will store it on our Website systems for future use. We have physical, electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect. Unfortunately, no data transmission or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your information (e.g., strong encryption), we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our service providers’ systems.

    B. If you are visiting the Website from outside of the USA, you understand that your connection will be through and to servers located in the USA, and the information you provide will be securely stored in our web servers and internal systems located within the USA. By accessing the Website or using the Services or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the USA, where you may not have the same rights and protections as you do under your local law.

    C. We store personal information for as long as reasonably required for its purpose. We generally delete your account information when you or we delete your account. We may, however, store information longer for legitimate business reasons (for example, personal information may remain in backups for a reasonable period of time), or as legally required. We keep inquiry emails for three (3) years, after which the emails are securely archived and kept for no longer than seven (7) years, when we delete them. We keep Customer Relationship Management (“CRM”) records for no longer than seven (7) years after the last contact with you. In general, after seven (7) years without contact with you, we will remove your information from our systems. Otherwise, we store your personal information until you request us to remove it from our servers. We store our logs and other technical records indefinitely.

    9. How Do We Use Cookies And Other Network Technologies?

    A. To enhance your online experience with us, our web pages may presently or in the future use “cookies.” Cookies are text files that our web server may place on your hard disk to store your preferences. We may use session, persistent, first-party and third-party cookies. Cookies, by themselves, do not tell us your e-mail address or other PII unless you choose to provide this information to us. Once you choose to provide PII, however, this information may be linked to the data stored in a cookie. You can set your browser to notify you when you receive a cookie, providing you with as much control as you wish as to the decision to accept/reject the cookie, and deletion of the cookie upon leaving our Website. Please note, however, that if your browser does not accept cookies, you may not be able to take advantage of all of the features of our Website.

    B. We may permit third-party service providers to place cookies in your browser through our Website to provide us with better insights into the use of the Website or user demographics or to provide relevant services to you. These third parties may collect information about your online activities over time and across different websites when you use our Website. We do not control the use of third-party cookies or any resulting information, and we are not responsible for any actions or policies of such third parties. For example, our Websites may use Google Analytics to collect and process data (i.e., to collect anonymized information about how users use our Website, including the number of users visiting the Website, where they came from, and the page or pages they visited). For more information on Google Analytics, please see Google’s Privacy Policy at https://www.google.com/policies/privacy/, and Google Analytics help pages at https://support.google.com/analytics/?hl=en#topic=3544906). To opt out of being tracked by Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.

    C. We or our service providers may also use “pixel tags,” “web beacons,” “clear GIFs,” “embedded links” and other commonly-used information-gathering tools in connection with some Website pages and HTML-formatted email messages. We use these tools for such purposes as compiling aggregate statistics about Website usage and response rates. A pixel tag is an electronic image (often a single pixel), that is ordinarily not visible to website visitors, and may be associated with cookies on visitors’ hard drives. Pixel tags allow us and our service providers to count users who have visited certain pages of the Website, to deliver customized services, and to help determine the effectiveness of our Website and Services. When used in HTML-formatted email messages, pixel tags can inform the sender of the email whether and when the email has been opened.

    D. As you use the Internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as “clickstream data”, can be collected and stored by a website’s server. Clickstream data can reveal the type of computer and browsing software you use and the address of the website from which you linked to the Website. We may use clickstream data as a form of non-PII to determine how much time visitors spend on each page of our Website, how visitors navigate through the Website, and how we may tailor our web pages to better meet the needs of visitors. We will only use this information to improve our Website.

    E. At this time, the Website and Services do not specifically respond to do-not-track signals.

    F. We may track the pages and links our users visit within our Website and Services, in order to determine what Website content and Services are most popular. We may use such tracking data to deliver customized content and advertising to users whose behavior indicates they are interested in a particular subject area. We may also collect user data to enable “heat mapping” capabilities that track the areas of a webpage where users most frequently move the mouse or click. These tracking activities make it possible to monitor and analyze web traffic and evaluate user behavior to customize our Website and Services.

    10. Collection of Information by Others

    We provide links to certain third party websites that you may click-on from our Website. Please check the privacy policies of these other websites to learn how they collect, use, store and share information that you may submit to them or that they collect.

    11. Children and Young People’s Information

    We do not knowingly collect any information from any minors, and we comply with all applicable privacy laws including the GDPR, CCPA, USA Children’s Online Privacy Protection Act (“COPPA”) and associated Federal Trade Commission (“FTC”) rules for collecting personal information from minors. Please see the FTC’s website (www.ftc.gov) for more information. Our Website will not knowingly accept personal information from anyone under 13 years old in violation of applicable laws, without consent of a parent or guardian. In the event that we discover that a child under the age of 13 has provided PII to us without parental consent, we will make efforts to delete the child’s information in accordance with the COPPA. If you have concerns about this Website or its Services, wish to find out if your child has accessed our Services, or wish to remove your child’s personal information from our servers, please contact us at customerservices@wiss.com.

    12. California Privacy Rights

    The California Consumer Privacy Act (“CCPA”) of 2018 enhances privacy rights and consumer protection for residents of California. Under the CCPA, California residents have the rights to: 1) know what Personal Data are being collected about them; 2) know whether their Personal Data are sold or disclosed, and to whom; 3) say ‘no’ to the sale of their Personal Data; 4) access their Personal Data; and 5) not be discriminated against for exercising their privacy rights under the CCPA. California law allows California residents to request information regarding our disclosures in the prior calendar year, if any, of their PII
    to third parties. To make such a request, please contact us at customerservices@wiss.com. Please include enough detail for us to locate your file; at a minimum, your name, email and username, if any. We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that this law does not cover all information sharing. Our disclosure only includes information covered by the law.

    13. Changes to this Policy

    Because our business needs may change over time, we reserve the right to modify this Privacy Policy. If at any time in the future we plan to use your PII in a way that differs from this Privacy Policy, we will revise this Privacy Policy as appropriate. We encourage you to periodically review the most recent version of this Privacy Policy. Your continued use of the Website following our notice of changes to this Privacy Policy means you accept such changes.

    14. Our Contact Information

    If you have any questions or concerns about this Privacy Policy, please contact us at Wiss & Company, 100 Campus Drive, Suite 400, Florham Park, N.J. 07932 US. You can contact us by post at the above address, by email at customerservices@wiss.com or by telephone on 973-994-9400.

    Copyright © 2022 Wiss. All rights reserved. The Website is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.

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