California Consumer Privacy Act

Southern Michigan Bank & Trust SMBT will update this notice in response to changing legal, technology, or business developments. We will post the most up-to-date notice on our website at https://www.smb-t.com/privacy-policy. You can see when the notice was last updated by checking the “Last Updated” date displayed at the top. For questions, please contact the bank as noted below.

The California Consumer Privacy Act (CCPA) and the expansion of the ACT by the California Privacy Rights Act (CPRA) requires us to notify California residents (unless an exemption applies) of the categories of personal information we collect about them, with reference to the categories set forth under the CCPA, and the purposes for which we will use such categories of personal information.

Categories of Personal Information Collected: The relevant categories of personal information SMBT may collect about California residents include:

• Identifiers: such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
• Customer records: such as paper and electronic customer records containing personal information, such as name, signature, Social Security number, physical characteristics or description, etc.
• Protected classifications under California or federal law: such as age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, etc.
• Commercial information: such as records of personal property, products, or services purchased, obtained or considered.
• Biometric information: such as genetic, biological characteristics, etc. such as fingerprints and retina scans.
• Internet or other electronic network activity information: such as browsing history, search history, website interaction, etc.
• Geolocation data: such as physical location or movements.
• Employment information: such as current or past job history or performance evaluation.
• Profiles of inferences: such as profiles reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 

• Certain personal information we collect may be classified as “Sensitive Personal Information” under California law, including Social Security numbers, government-issued identification numbers, account log-in credentials, precise geolocation data (if collected), and biometric identifiers.
• SMBT uses or discloses sensitive personal information only for purposes permitted under the CPRA, including providing services, ensure security and integrity, prevent fraud, comply with legal obligations, and as otherwise authorized by law. SMBT does not use or disclose sensitive personal information for purposes requiring a right to limit its use.
  

 

• To provide the services for which the information was provided, including maintaining and administer any accounts you open with us and to process transactions and payments.
• For authentication, identity verification, and fraud prevention and detection.
• To respond to or address your questions and investigate and resolve any issues.
• To personalize your experience using our website and services.
• To improve and develop products and services and for other research and analytics purposes.
• To respond to authorized regulatory, compliance, and legal process.
• To evaluate or conduct a merger or to sell or transfer some or all SMBT assets.
• To protect and defend our rights and interests and those of third parties, including in defense of litigation and other claims against us.

 

Sharing or Selling Personal Information
In the past 12 months, we have not shared for cross-contextual advertising purposes or sold personal information subject to the CCPA for monetary or other valuable, including personal information of minors under the age of 16. We do not share for cross-contextual advertising purposes or sell personal information subject to the CCPA of any consumer regardless of age.

 

Retention of Personal Information
SMBT retains personal information for as long as reasonably necessary to fulfill the purposes for which it was collected, including to satisfy legal, regulatory, accounting, or reporting requirements; to resolve disputes; to enforce agreements; and to comply with applicable laws. Retention periods may vary depending on the nature of the information and applicable legal obligations.

 

Your Rights under the CCPA
The CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights.
(1) Access to Specific Information Rights (Right to Know) You have the right to request that we disclose certain information to you about our collection and use of your personal information currently and over the past 12 months. Once we receive your request and verify your identity, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you, subject to certain exceptions.
• If we disclose your personal information to a service provider for a business purpose, we will identify the personal information categories that each service provider was provided.

(2) Deletion Request Rights (Right to Delete) You have the right to request we delete any of your personal information we collected from you and retained. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, unless an exemption applies. For example, we will not delete data that falls into one of the following exempt categories, including information needed to:

• Complete a transaction for which the personal information was collected.
• Fulfill the terms of a written warranty or contract between you and us.
• Provide a good or service requested by you or reasonably anticipated within the context of your membership with us.
  
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.
• Debug to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another member to exercise their right of free speech, or exercise another right provided for by law.
• Enable internal uses that are reasonably aligned with the expectations of your relationship with us or are lawful uses that are otherwise compatible with the context in which you provided the information.
• Comply with a legal obligation.
• Be free from unlawful discrimination for exercising your rights under the CCPA (Right to Non-Discrimination) We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

(3) Correction Request Rights (Right to Correct) You have the right to request that we correct any inaccurate personal information about you. We do not offer certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. In some cases, we may not be able to honor your access, deletion, or correction request. For example, we will not honor your request if we cannot verify your identity. Additionally, we will not honor your request when an exception applies, such as when your personal information we maintain about you is not subject to the CCPA’s access, deletion, or correction rights. We will advise you in our response if we are not able to honor your request due to an exemption provided by the CCPA.

(4) Upon submission of your request, we will take steps to verify your identity. The questions we ask to verify identity may vary, depending upon your relationship with us. The information you provide in response to our efforts to verify your identity will be used solely to verify your request. If we are unable to verify your identity, your request will be denied. Only you, or a person you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. If you are an authorized agent of a California consumer, you can use either of the two methods mentioned above to submit a CCPA request on behalf of the California consumer for whom you are an authorized agent. Upon receipt of your request, we must verify the California consumer has granted you authority to submit a request on their behalf. The steps we take to verify your authority as an agent may vary, depending on how that authority was granted to you. If we are unable to verify authority as an agent was granted to you, your request will be denied. Response Timing and Format We strive to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason for the extension period in writing. We will deliver our written response to you by mail or via email. Any disclosures we provide will cover the 12-month period preceding the receipt of the verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We do not charge a fee to process or respond to your verifiable consumer request unless the request is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Cost estimates will be prepared based on the estimated hours involved and Research Fee amount based on the current Schedule of Service Charges. Right to Opt-Out of Personal Information Sales As indicated, we do not share for cross-contextual advertising purposes or sell personal information subject to the CCPA. Given this practice, we are exempt from providing a notice of right to opt-out per the CCPA and its implementing regulations.

Your CPRA Rights (Summary)
If you are a California resident, you have the following rights under the California Privacy Rights Act, subject to certain legal and regulatory exceptions:

• Right to Know: You may request information about the categories and specific pieces of personal information we collect, use, and disclose.
• Right to Delete: You may request deletion of personal information we collected from you, subject to applicable exceptions.
• Right to Correct: You may request correction of inaccurate personal information.
• Right to Limit Use of Sensitive Personal Information: You may request limits on the use of sensitive personal information; however, SMBT uses such information only for purposes permitted by law.
• Right to Non-Discrimination: We will not discriminate against you for exercising your privacy rights.

 

Call us at: 800-376-7628 

or via Mail at:  Southern Michigan Bank & Trust
51 W. Pearl Street
P.O. Box 309
Coldwater, MI 49036.

Not covered by this notice: This notice does not address or apply to any of the nonpublic information we collect about consumers, pursuant to the Gramm-Leach-Bliley Act (GLBA) or otherwise subject to an exemption under CCPA Section 1798.145. For information, please review our Privacy Notice.

For more details and information about the personal information we collect and how we collect, use and disclose such personal information (as defined by CCPA) and your rights regarding such personal information, please call us as (1-800-379-7628) or visit us at https://www.smb-t.com/privacy-policy.