Privacy Policy

Last Modified: April 9, 2026

Purpose

WithumSmith+Brown, P.C. (“Company”, “we”, “us”, or “our”) respects your privacy and is committed to protecting it. Toward that end, we have adopted this Privacy Policy to inform you what information about you we collect when you use our website www.withum.com and withum.ai (the “Website”), whether as a guest or a registered user of our Client Portal of our Website.

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit or use our Website and our practices for collecting, using, maintaining, protecting and disclosing that information. This Privacy Policy is incorporated by reference into our Terms of Use.

This Privacy Policy applies to information we collect through our Website, which may include information in e-mails, forms, or other electronic messages between you and our Website when you voluntarily submit the information through our Website. The Privacy Policy also applies to information we may collect through our Website using certain automated technologies (described below). This Privacy Policy does not apply to information collected by us offline or through any other means, including on any other website operated by us or any third party unless otherwise noted in this Policy.

Additional information for California and Texas residents is located in the State Section at the end of this Privacy Policy.

For individuals residing in the European Economic Area or United Kingdom, please view Withum’s GDPR Privacy Policy here.

Acceptance of This Privacy Policy

Please read this privacy policy carefully to understand our policies and practices regarding your information and how we will treat it. Your use of our website means that you accept the terms of this privacy policy. Your continued use of our website after we make changes to this privacy policy shall be deemed to be your acceptance of those changes so you should periodically check this privacy policy for updated versions. If you do not agree with this privacy policy or our terms of use, which are incorporated herein by reference, your choice is to not use or access our website. By using our website, you also represent that you are at least the age of majority in your state or country.

Changes to This Privacy Policy

We may at times and in our sole discretion make changes to this Privacy Policy. The date this Privacy Policy was last revised is identified at the beginning. We will post any changes we make to this Privacy Policy on this page of our Website and update the effective date at the beginning. If we make material changes to how we treat your personal information, we may try to notify you by email to the primary email address specified in your account or through a notice on our Website home page. Notwithstanding that, you are responsible for ensuring we have an up-to-date active and deliverable email address for you. You are also responsible for periodically visiting our Website and this Privacy Policy to check for any changes or updated versions.

Information We Collect About You and How We Collect It

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

We collect both types of information described above either:

Information That You Provide to Us

Any electronic communication sent to us through our Website or via e-mail may not be secure and thus may be disclosed. As noted in the “Data Security” section below, transmissions over the Internet are not 100% secure. Therefore, even though we provide a secure Client Portal and take efforts to keep our Client Portal secure, there is no guarantee that it will be 100 %secure. Please also be aware that the sending of electronic mail to our professionals or through other contact/address provided in the Website does not create a client relationship between you and the Company, and the contents of any such electronic mail are not privileged.

Information Collected Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we or certain of our third-party service providers may use automatic data collection technologies to collect certain information about you such as about your equipment, browsing actions, and patterns, including but not limited to:

The information we collect helps us to improve our Website, deliver a better and more personalized experience, conduct data analytics, and inform our marketing activities including by enabling us to:

For example, we use Google Analytics to provide us with statistics or metrics about the usage of our website, and Google Analytics may use cookies (described below) to compile and provide that information to us. You can learn more about how Google Analytics collects and processes data by selecting the “How Google uses information from sites or apps that use our services” on the Google Privacy and Terms page. Google offers the ability to opt out from tracking through Google Analytics cookies; for more information, you may visit the Google Analytics Opt-Out Browser Add-On page.

The automatic data collection technologies we or third parties use may include, without limitation, the following:

By visiting, using or registering for our website, you consent to the use of cookies and other automated technologies set by us or third parties, and the use of data collected by these technologies as described herein.

How We Use Your Information

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

Disclosure of Your Information

We may disclose personal information that we collect or you provide for the purposes that we use it, as described in this Privacy Policy, to the following categories of parties:

We may also disclose your personal information to third parties as necessary:

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

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding your personal information. We have created mechanisms to provide you with the following control over your information:

Accessing and Correcting Your Information

You can review and change your personal information by logging into the website and visiting your email preferences center. You may also send us an email at the email address listed in the Contact Information section below 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.

Even after you have changed your information, deleted it, or requested its deletion, we may need to keep archival copies of such information for legal or compliance purposes.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We also urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information over the Internet is not completely secure. Consequently, although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is therefore at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website.

Do Not Track

“Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you.  However, because our Website is not configured to detect Do Not Track signals, we are unable to respond to Do Not Track requests. 

Third-Party Websites and Services

Our Website may contain links to other websites and services not maintained by us. For example, if you join our mailing list, that is a service provided to us by Adobe Marketo Engage which requires you to visit our Website to join our mailing list. The information you submit to Withum through the use of a Marketo form will be subject to Marketo’s Privacy Policy and Retention Policy. If you wish to learn more about how Adobe uses your information, you may visit Adobe’s website here.

Similarly, we may use other third-party vendors such as for payment processing or secure file transfers who have separate websites you will be required to visit in order to use these services. Any information you submit through these third-party vendors’ websites will be subject to their privacy policies and terms of use. These other websites or services described above are not subject to our Privacy Policy and we are not responsible for their content or for the policies or practices they apply to the treatment of your information. We encourage you to be aware when you enter or leave our Website, or surf the Internet, and to read the privacy statements of each website and service that you visit. We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of, other websites or services.

We may use PayPal for payment processing as well. To the extent that our use of PayPal may require you to access or use PayPal’s website at PayPal.com, your use of their site will be governed by PayPal’s User Agreement which can be found on PayPal’s website here.

We also may use WooCommerce for payment processing. To the extent that our use of WooCommerce may require you to access or use WooCommerce’s website at woocommerce.com, your use of their site will be governed by WooCommerce’s Terms and Conditions which can be found on WooCommerce’s website here.

In addition, other websites and services may also reference or link to our Website. These other websites or services described above are not subject to our Privacy Policy and we are not responsible for their content or for the policies or practices they apply to the treatment of your information. We encourage you to be aware when you enter or leave our Website, or surf the Internet, and to read the privacy statements of each website and service that you visit. We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of other websites or services.

Social Media Features

Our Website also includes certain social media features and widgets that run on our Website, including from social media sites such as Instagram, Facebook, X, LinkedIn, YouTube.com and Google Plus. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the third party social media website providing such features. For more information, please see our Cookie Policy.

Embedded Content

The Website contains embedded content (e.g., videos). Embedded content may place third party cookies on your device that track your online activity to enhance your experience or assess the success of their application. We have no direct control over the information these cookies collect, and you should refer to their website privacy policy for additional information.

When you watch a video, we or third parties may collect your video viewing behavior including the name of the video.

Policy On Use of Website By Minors and Children Under 13

Our Website is not intended for use by anyone under the age of thirteen (13) years old. No one under age 13 may provide any personal information through our Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information through our Website or on or through any of its features or register for the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information as soon as it is commercially practicable. If you believe we might have any information from or about a child under 13, please contact us at the contact information below.

Governing Law and Jurisdiction

All matters relating to our Website and this Privacy Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, our Website or this Privacy Policy shall be handled and resolved in the manner set forth in our Terms of Use.

Notice to Website Users Located Outside the U.S.

We operate in accordance with the laws of the U.S. When you access our Website from outside the U.S., information that we collect from or about you may be transferred to a location outside of your jurisdiction, including the U.S. The data protection laws in these third countries may not provide the same level of data protection as your jurisdiction. By using this Website, you acknowledge that these laws may provide a different standard of protection and you consent to the transfer of your personal information to other jurisdictions, including the U.S.

Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which WithumSmith+Brown, PC collects and uses your information described here and your choices and rights regarding such use, please do not hesitate to contact us.

State Specific Section: California, Nevada, and Texas

Last Modified: April 9, 2026

This state-specific section (“State Section”) of WithumSmith+Brown, PC’s general Privacy Policy describes our policies and practices regarding the collection, use, and disclosure of personal information we collect about you, including personal information we obtain when you access or use the Website, or through other channels including but not limited to visiting one of our locations, phone and email conversations, attending our events, in-person interactions, interactions on our websites and other third party websites such as social media sites, viewing our emails, or through our authorized services providers, as applicable.

This State Section supplements and amends that Privacy Policy as it pertains to residents of California, Nevada, and Texas; the other provisions of the Privacy Policy continue to apply except as modified in this State Section.

With the exception of the California section, these state specific sections do not apply to personal information we obtain about you in a commercial or employment context.

Any terms defined within the applicable state consumer data protection law has the same meaning when utilized within that relevant state section. All other terms shall have the meaning set forth in the privacy policy or Terms of Use, as applicable.

Please read this State Section carefully before using the Website or submitting personal information to us. This State Section is incorporated into and subject to our Terms of Use. By accessing or using the website, you consent to the collection, use, and sharing of your personal information as set forth in this State Section and the terms of use. If you do not consent to the collection, use, disclosure and retention of your personal information as described in this State Section, please do not provide us with such information.

General

Consumer Rights. These state-specific sections list the rights you may have under the applicable state consumer data protection law and information on how to exercise them. Where permitted by law, we reserve the right to respond only to a verifiable request to exercise a right. A verifiable request may be made by any of the following:

Verification. If we request, you must provide sufficient information to verify your identity and/or authority to act on behalf of a consumer. In general, we may ask you to provide identifying information that we already maintain about you or we may use a third-party verification service. In either event, we will try to avoid asking you for sensitive personal information to verify your identity. We may not be able to respond to your request if we cannot verify your identity or authority to make the request and/or confirm the personal information relates to you. Please note that making a consumer request does not require you to create an account with us.

Additionally, you will need to describe your request with sufficient detail to allow us to review, understand, assess, and respond. We will not use the personal information we collect from an individual to determine a verifiable request for any other purpose, except as required by law.

Fees. We reserve the right to charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded. If we determine that a request warrants a fee, we will attempt to notify you as to why we made that decision and provide a cost estimate before completing your request. We will attempt to respond to a verifiable consumer request within forty-five (45) days of receipt, but we may require up to ninety (90) days to respond, under which circumstances we will notify you of the need for an extension.

Response. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of your verifiable consumer request except for California residents. With respect to personal information collected on and after January 1, 2022 from California residents, and to the extent expressly permitted by applicable regulation, you may request that such disclosures cover a period beyond the 12 months referenced above, provided doing so would not be impossible or require a disproportionate effort by us.

Agents. Subject to certain limitations, and where permitted by applicable law, you may authorize a natural person or a business registered with the applicable Secretary of State to exercise certain rights on your behalf under a state section. Unless you have provided the authorized agent with a qualifying power of attorney, you must provide your authorized agent with written permission (signed by you) to act on your behalf and verify their identity with us. We reserve the right to deny requests from persons or businesses claiming to be authorized agents that do not submit sufficient proof of their authorization.

Right to Appeal. Certain states permit you to appeal a denial of your rights request. If we deny your request, you may appeal our decision by emailing [email protected].

Global Opt Out Signals. This Site recognizes and processes opt-out preference signals that indicate your intent to opt out of the processing of Personal Information for a Sale or Sharing (see CA rights), a Sale, and/or Targeted Advertising (Texas).

Exercising Your Rights. To exercise a right under a state consumer data protection law, please contact us at:

No Discrimination. We will not discriminate or retaliate against you for exercising any right you may have under a state consumer data protection law.

California Residents

Shine the Light California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes. Such requests must be submitted to us in accordance with the instructions in the Contact Us section of this Policy.  Please mention when contacting us that you are making a “California Shine the Light” inquiry. Within 30 days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties.  This request may be made no more than once per calendar year.  We reserve our right not to respond to requests submitted other than in accordance with the instructions specified in this paragraph. 

Information We Collect

We may collect or have collected within the last twelve (12) months, the following categories of personal information from consumers. Under the California Consumer Privacy Act, as amended (“CCPA”), personal information does not include certain categories of personal information, including without limitation: (i) publicly available information from government records; (ii) deidentified or aggregated consumer information; (iii) personal information that is collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach-Bliley Act (Public Law 106-102), and implementing regulations, the California Financial Information Privacy Act (Division 1.4 (commencing with Section 4050) of the Financial Code), or protected health information that is collected, processed, sold, or disclosed pursuant to the federal Health Insurance, Portability and Accountability Act, and implementing regulations.

Retention of Your Information

We retain your personal information for as long as necessary to achieve the purpose for which we collected it (e.g., to provide you products and services, maintain our relationship with you)  and in accordance with the Withum’s data retention schedule unless we have or deidentified or deleted your personal information in response to a request to delete. We may retain your personal information for longer if it is necessary to comply with our legal obligations or reporting obligations, resolve disputes, collect fees, etc., or as permitted or required by applicable law. We may also retain your personal information in a deidentified or aggregated form so that it can no longer be associated with you. To determine the appropriate retention period for your personal information, we consider various factors such as the amount, nature, and sensitivity of your information; the potential risk of unauthorized access, use or disclosure; the purposes for which we process your personal information; and applicable legal requirements.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes or as set forth in the How We Use Your Information section of the Privacy Policy:

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sources of Personal Information We Collect

We may use this information to generate aggregate statistics about visitors to our Site. Please check your web browser if you want to learn what information your browser sends or how to change your settings.

We may also combine or link information we receive from third parties with information we have about you.

For more information on Cookies, please see our Cookie Policy.

Disclosures of Personal Information

We may disclose or in the preceding 12 months have disclosed for the purposes that we may use it as described in this Privacy Policy, the following categories of personal information to services providers and contractors:

Your Rights and Choices

The CCPA provides California consumers (i.e., residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. Please note that these rights are subject to certain exceptions and limitations.

Right to Opt Out of the Sharing or Sale of Personal Information

We do not sell personal information under the more commonly understood meaning of that word — i.e., providing personal information to third parties in exchange for money. However, we engage in common marketing and advertising practices to provide more relevant content and ads to users of our websites and services. Certain of these practices may involve the “selling” or “sharing” of personal information, as those terms are defined in the CCPA, to the categories of third parties listed below for purposes related to marketing.

To opt out of the sale or sharing of your personal information, please click Do Not Sell or Share My Personal Information [here]. Please note that any opt out is specific to the browser and you may need to opt out on every browser that you use.

Opt Out Signals. This Website recognizes and processes opt-out preference signals sent from your browser that indicate your intent to opt out of the sale or sharing of your personal information. We will not charge you a fee or require any valuable consideration if you use the opt out signal nor will we change your experience with our Website or the products and services we offer. Please note that any opt out is specific to the browser you use. 

We do not have actual knowledge that we have sold or shared the personal information of consumers under the age of 16 years old.

Categories of Personal Information Sold or Shared and Categories of Recipients

We sell the following categories of personal information to ad networks and social media platforms:

Right to Limit the Use and Disclosure of Sensitive Personal Information

You have the right to limit our Use and Disclosure of your sensitive personal information to purposes that are necessary to provide our products and services as are reasonably expected by an average consumer requesting those goods and services, with limited exceptions. However, please note that we do not use or disclose your sensitive personal information for purposes beyond these permitted uses.

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 over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

Upon receipt of a verifiable consumer request, and as required by the CCPA, we will provide a response to such requests. Any disclosures we provide will only cover the 12-month period preceding the receipt of your verifiable consumer request. With respect to personal information collected on and after January 1, 2022, and to the extent expressly required by applicable regulation, you may request that such disclosures cover a period beyond the 12 months referenced above, provided doing so would not require a disproportionate effort by us.

Right to Delete

You have the right to request that we delete any of your personal information that we collected about you and retained. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers, contractors, and third parties as applicable, to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Right to Request Correction

You have the right to request that the Company correct any inaccurate personal information we maintain about you, taking into account the nature of that information and purpose for processing it. Upon receipt of a verifiable consumer request, and as required by the CCPA, we will provide a response to such requests.

Right to Withdraw Consent

Where we process your personal information based on your affirmative consent, you may withdraw it; however, if you do so, we may be unable to provide certain services.

Right to Opt Out of Automated Decisionmaking (“ADMT”), Access Information about ADMT, and Appeal an ADMT Decision. The CCPA provides for certain rights related to the use of ADMT for significant decisions; however, please note that we do not use ADMT to make significant decisions about you.

Nevada Residents

Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and do not have plans to do so. In accordance with Nevada law, you may submit to us a verified request instructing us not to sell your covered information. Such requests can be submitted in accordance with the instructions provided in the Contact Us section of this Policy.

Texas Residents

The following section applies solely to consumers who are residents of the State of Texas in accordance with the Texas Data Privacy and Security Act (TDPSA). For a list of the personal data we collect and how we use and disclose it, please see the Privacy Policy.

Your Rights and How to Exercise Them. Texas consumers have specific rights with respect to personal data we collect about them. Subject to verification and certain limitations, these rights include the following:

Right to Opt Out of the Sale of Personal Information, Targeted Advertising and Profiling.

Sale. The Company does not sell your personal data, as that term is defined by the TDPSA.

Targeted Advertising. The Company processes your personal data for targeted advertising. To opt out, please click Opt Out of Processing of My Personal Data for Targeted Advertising in the Cookie Consent Manager in the lower left side of your screen. Please note that any opt out is specific to the browser you use and you may need to opt out on every browser that you use.

Profiling. We do not process personal data for profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning a consumer.

Right to Confirmation and Access. You have the right to request that we confirm whether we are processing your personal data and to access that data.

Right to Request Correction of Your Personal Data. You have the right to request that we correct any inaccurate personal data we maintain about you.

Right To Request Deletion of Your Personal Data. You have the right to request that we delete personal data we collected or maintain about you.

Right to Obtain a Copy. You have the right to obtain a copy of personal data that you previously provided in a portable and, to the extent technically feasible, readily usable format.

Right to Withdraw Consent. Where we process your personal data based on your consent, you may withdraw it; however, we may be unable to provide certain services.

To submit a request to access, correct, delete, obtain a copy or withdraw consent, please contact the Company at [email protected].

Appeal. If we deny your request, you may appeal our decision by contacting us at [email protected] within 30 days from the date of our denial.

Changes to Our Privacy Policy

This State Section was last modified as of April 9, 2026.

We reserve the right to amend this State Section at our discretion and at any time. When we make changes to this State Section, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which WithumSmith+Brown, PC collects and uses your information described here and your choices and rights regarding such use, please do not hesitate to contact us.