
Massachusetts Deferred Compensation SMART Plan

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1. We only collect the information necessary to consistently deliver responsive services.

The SMART Plan’s Web site collects information that helps serve your retirement needs; provide high standards of participant services; and develop and offer new products or services for our participants and potential participants. The information collected generally varies depending on the services you request and may include:

Information provided on applications and related forms—for example, name, address, and e-mail address.

Information about your relationships with us, such as services utilized, which we may obtain in writing, or from data gathering software used when you are accessing the Treasury Web sites.

2. We maintain safeguards to ensure information security.

We have implemented security standards and processes—including physical, electronic and procedural safeguards to ensure that access to participant information is limited to employees, registered representatives or agents who may need it to do their job. They are required to respect the confidentiality of all customer information. Where appropriate, we may provide the information submitted by you to the person or company that is the subject of your inquiry, or to a government agency responsible for the matters referred to in your communication. However, this site does not encrypt incoming e-mail. Therefore, you should not send information that you consider highly sensitive through this web site. We use standard security measures to ensure that your personally identifiable information* is not lost, misused, altered, or unintentionally destroyed. The Commonwealth also uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Except for authorized law enforcement investigations, no attempts are made to identify individual users or their usage habits.

* We use the term "personally identifiable information" to mean any information that could reasonably be used to identify you, including your name, mailing address, e-mail address, Social Security number, birth date, bank account information, credit card information, or any combination of similar information that could be reasonably used to identify you.

3. We limit how, and with whom, we share participant information.

First and foremost, we do not sell lists of our participants, or any personally identifiable information collected through this Web site. We do not disclose participant information to agencies or companies outside the Treasury, with the exception of companies we may hire to provide specific services for us, as described below.

We will share participant information only for the following reasons**:

We may be required by law or regulation to disclose information to third parties—for example, in response to a public records request, a subpoena, and to prevent fraud. Once you voluntarily submit personally identifiable information to us through an e-mail or a form submittal, its dissemination is governed by the Public Records Law, Massachusetts General Laws Chapter 66, Section 10 and Chapter 4, Section 7(26), and the Fair Information Practices Act (Massachusetts General Laws Chapter 66A), and other applicable laws and regulations.

In some cases, we may share information we collect, for example, name, address, age, and Social Security number with other Treasury departments to process or service a transaction you have requested, to facilitate enhanced customer services, or to inform you of products or services you may find useful.

Furthermore, as permitted by federal and state laws, we may share or exchange information with companies engaged to work with us, such as:

Third-party administrators and vendors hired to effect, administer or enforce a transaction that you request or authorize; to develop or maintain software; or to perform marketing research.

While this policy may change from time to time, you can always review our current policy online at www.mass-smart.com. Any information we collect under the current privacy policy will remain subject to the terms of this policy, consistent with the Public Records Law and the Fair Information Practices Act. After any changes take effect, all new information we collect, if any, will be subject to the new policy.

In this notice of our Privacy Promise, the words "you" and "participant " are used to mean any individual who obtains or has signed up for the Massachusetts Deferred Compensation Plan offered by the Treasury.

** In 1999, then-Acting Governor Swift issued Executive Order 412, which enhanced the privacy protection given to any information about you as a named individual held by the Executive Department of state government. Executive Order 412 limits the collection and dissemination of personally identifiable information within the Executive Department. This site complies with Executive Order 412, so all of the personally identifiable information that you submit to this site is handled consistent with Executive Order 412.

Terms and Conditions of use the SMART Plan Site

Welcome to our Web site. We have provided this Web site for your convenience to help you learn about our agency, products and services. This page provides important information about use of this Web site and other legal matters.

Please read all of the following terms and conditions carefully before continuing. They govern your use of the SMART Plan’s Internet Web site (the "Site").

By using this Site, you signify your acceptance of these Terms and Conditions of Use. Please be aware that they may be changed or updated at any time without prior notice. Changes are effective when posted on the Site. Please review them periodically for current information. By continuing to use the Site, you agree to any changes or updates. Additional legal notices, terms and conditions regarding other Treasury Departments may be found elsewhere on the Site. Other Web sites operated by state agencies have different policies, which may be found on such agencies own Web site, if any. We suggest that you read the privacy policies for each Commonwealth web site that you visit, and any external site that you visit through a link appearing at this site or. Those additional legal notices, terms and conditions apply with regard to the matters specifically addressed by them. If you do not agree to these terms and conditions, do not use this Site.

Trademarks, Service Marks, and Logos
The trademarks, service marks, logos, URLs and domain names, registered or not, including without limitation "Treasury and the smart-plan lighthouse, ("Marks") appearing on this Site, and any other Treasury's Web site, are the property of the Treasury. You may not use, copy, download, display, transmit or modify any Mark in any way without the prior written consent of the owner of such Mark.

Links
From time to time, the Treasury may provide links from this Site to a non-Treasury Web site or permit a link from a non-Treasury Web site to this Site. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the non-Treasury Web site or its owner. The Treasury does not control or review any link, and accepts no responsibility for the content, products or services provided at these linked Web sites. The SMART Plan cannot provide any warranty or knowledge as to the privacy policy of, or the use of personal information gathered at, a Web site that you may visit through a link appearing at this site. If you decide to access such non-Treasury Web sites, you do so solely at your own risk and you should be aware that non-Treasury Web Sites are governed by their own terms and conditions and privacy policies. Links to this Site may be made only with the permission of the Treasury. A link to this Site may be permitted in Treasury’s discretion, where, without limitation, such link (a) is to this Site's homepage, (b) clearly informs users that the link is to the Treasury Web site, (c) does not imply any affiliation, endorsement, sponsorship or other relationship between the link the Treasury Web site or the Web site owner and the Treasury, (d) delivers this Site's Content without framing the Treasury or similar environment, and (e) maintains the integrity of this Site's layout, content and look and feel. The Treasury reserves the right in its sole discretion to refuse permission or to cancel permission to link to this Site at any time.

Submissions
All information submitted to the Treasury via this Site shall be deemed and remain the property of the Treasury and we shall be free to use, for any purpose, anywhere and in any format, any ideas, concepts, know-how or techniques contained in the information you may provide to the Treasury through this Site. The Treasury shall not be subject to any obligations of confidentiality regarding such information, except as specifically stated in our privacy policies, specifically agreed to or required by law. You are advised that the Treasury does not want you to provide and prohibits you from providing any information or materials to the Treasury that are defamatory, threatening, obscene, harassing, or otherwise unlawful or offensive, or that incorporate the proprietary material of another without authority.

Content and Liability Disclaimer
No warranty. Our intent is to provide accurate and up to date content on this Site; however, that is not always possible. THEREFORE, ALL CONTENT, SERVICES AND FUNCTIONS ON THIS SITE, OR ANY OTHER WEB SITE LINKED TO THIS SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDTHE TREASURY, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRTHE TREASURYEMENT. Some jurisdictions do not allow the exclusion of certain implied warranties in which event any required warranty applies to the minimum extent legally required.

Content is provided for informational purposes only and should not be relied on. Although the information on this Site may include statements on various life events and financial, legal or tax concerns, it is provided for informational purposes only, and is not intended and should not be relied upon as legal, tax or personalized advice. The Treasury does not warrant or make any representations regarding the suitability, usefulness or expected results of the Content, services, products or functions, including tools such as calculators, provided on this Site or any linked Web site. You should not rely solely upon this information in making any decisions. You should consult your financial professional and legal and/or tax advisor for advice about the appropriateness of products and services for you, and the effect of state and federal law on the products, services or issues discussed on this Site, or of federal income taxes or any other taxes on amounts held or paid out under any financial products described.

Content may contain inaccuracies or errors and may change.
No warranty or representation is made that the information on this Site is complete, accurate, up-to-date or error-free or that known defects will be corrected. Content, services, or functions available at this Site may be changed or updated at any time without notice; but the Treasury has no obligation to update this Site so information may be out-of-date at any given time.

Access and availability
No warranty or representation is made that this Site or any part or function, including without limitation any transactional functions, will be available and not subject to interruption at any time.

Disabling devices
No warranty or representation is made that any Content, service, product or function, including without limitation any downloadable files, available at this Site or any linked Web site is free of a computer virus, worm, trojan horse, timebomb or other destructive or harmful program, software, code or device which may erase, scramble, lock or disable any computer software, content or equipment or may prevent users from using a Web site or any other item of hardware or software. You should routinely scan your system and downloaded files for such disabling devices.

Third party content
From time to time the Treasury may disseminate information supplied by third parties. Any opinions, advice, statement, services, offers, or other information expressed or made available by a third party, are those of such third party and not the Treasury. The Treasury does not independently verify the information provided by third parties, does not guarantee the accuracy, completeness, timeliness or correct sequencing of such information, and assumes no responsibility for Content displayed on this Site that may be provided by another party.

Limitation on liability and damages
IN NO EVENT WILL THE TREASURY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDINGTHE TREASURY, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTIONS, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE OR ANY OF OUR REPRESENTATIVES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, ARISINGTHE TREASURY OUT OF OR RELATED TO ANY USE OF OR INABILITY TO USE THIS SITE, OR ANY OTHER LINKED WEB SITE, INCLUDINGTHE TREASURY, WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLINGTHE TREASURY DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, THEFT, UNAUTHORIZED ACCESS, DISCLOSURES OF COMMUNICATIONS, OR ANY FAILURE OF PERFORMANCE. Some jurisdictions do not allow limitation or exclusion of certain liabilities or damages in which event in such jurisdiction the foregoing shall apply to the maximum extent allowed by law. You are responsible for the entire cost of all servicing, repair or correction of your property or operations, including without limitation your computer, network, software or any device, required as a result of or related to using this Site. In no event shall The Treasury's total liability to you for damages, losses and causes of action of any kind - whether in contract, tort (including, but not limited to, negligence), strict liability or otherwise - exceed the amount paid by you, if any, for accessing this Site.

Privacy
We are committed to protecting the privacy and confidentiality of your personal information. When you visit and navigate our site and when you communicate with us via our site, we will not collect personal information about you unless you provide us that information voluntarily. E-mails and/or forms sent by you to this site would contain personally identifiable information***. This site does not collect "cookies"****, but may collect and store indefinitely your Internet Protocol ("IP") **** address, as well as information about the date and time of your visit, whether a file you have requested exists, and how many "bytes" of information were transmitted to you over the Web from this site. We can use your IP address to assess the frequency of visits to this site and the popularity of its various pages and functions. This data helps us to analyze and improve the usefulness of the information we provide at this Site and our products and services.

We will not attempt to match any personally identifiable information that you provide to us with your IP address, unless there are reasonable grounds to believe that doing so may provide information that is relevant to or necessary as part of an investigation concerning the violation of a law.

Please note that in certain areas of this Site there may be additional information concerning the privacy practices applicable to the use of that area. You should also be aware that many Treasury departments and agencies have their own web sites to which we may provide a link. These sites may have different privacy policies and practices, which you should review, prior to using such sites.

Monitoring Use
The Treasury reserves the right to monitor any and all use of this Site in its discretion. However, unless required by law, we do not have any obligation to you to conduct such monitoring or to take any action based on any monitoring we may conduct.

Security
You should be aware that in general information sent through the Internet is not secure. Email services that may be provided through this Site generally are not encrypted and do not provide a secure and private means of communication with us. While the Treasury uses reasonable precautions to protect confidential information and provide suitable security, we cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. Please be aware that although passwords or other security protections may be in use, the Treasury reserves the right to monitor any and all transmissions stored messages and routine backup copies of communications to ensure appropriate system usage.

*** We use the term "personally identifiable information" to mean any information that could reasonably be used to identify you, including your name, mailing address, e-mail address, Social Security number, birth date, bank account information, credit card information, or any combination of similar information that could be reasonably used to identify you.

**** Cookies are files that a web site can place on your computer. A cookie file contains unique information that a web site can use to track such things as your password, lists of web pages you have visited, and the date when you last looked at a specific web page, or to identify your session at a particular web site. A cookie file allows the web site to recognize you as you click through pages on the site and when you later revisit the site. A web site can use cookies to "remember" your preferences, and to record your browsing behavior on the Web. Although you can prevent web sites from placing cookies on your computer by using your browser's preference menu, disabling cookies may affect your ability to view or interact with some web sites.

***** An "Internet Protocol Address" or "IP Address" is a series of numbers that identifies each computer and machine connected to the Internet. An IP address enables a server on a computer network to send you the file that you have requested on the Internet. The IP address disclosed to us may identify the computer from which you are accessing the Internet, or a server owned by your Internet Service Provider. Because it is machine-specific, rather than person-specific, an IP address is not, in and of itself, personally identifiable information.

Miscellaneous

Governing Law
The laws of the Commonwealth of Massachusetts govern these Terms and Conditions, without regard to its conflict of laws provisions. If you take legal action relating to these Terms and Conditions or arising out of or relating to your use of this Site, you agree to file such action only in Massachusetts and you consent to submit to the personal jurisdiction of the state and federal courts of Massachusetts for the purposes of pursuing any such action. Any cause of action you may have with arising out of or related to your use of this Site must be commenced within one (1) year after the cause of action arises. The Treasury reserves the right to seek all remedies available at law and equity for violations of these Terms and Conditions, as well as the right to restrict access to this Site or any portion of it. The Treasury does not represent that the information in this Site is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. Those who access this site do so on their own initiative and are responsible for compliance with all applicable local laws.

U.S. Export Controls Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with United States export control laws and that you will not transfer any software or other content from this Site in violation of United States export controls.

Entire Agreement
These Terms and Conditions represent the entire agreement between The Treasury and you relating to the subject matter herein. If any provision of these terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severed from these terms and will not affect the validity and enforceability of the remaining provisions.