Please note: As of 12:00 am PDT on April 9, 2024, we are no longer accepting applications for tax year 2020. Any completed applications (with supporting documentation) submitted on or after 12:00 am PDT on April 9, 2024, will be prepared and filed for tax year 2021 only. By continuing to utilize our service, you acknowledge and agree that SmartERC will not prepare nor file your Forms 941X for any quarter of tax year 2020.


We take user privacy seriously and want you to be informed. This Privacy Policy, which is incorporated into our Terms and Conditions, outlines the privacy practices of Pinnacle Minds, Inc. DBA Smart ERC (“Company,” “us,” “we,” or “our”) in connection with your (“you” or “your”) access to or use of our Website, and related services provided to our clients pursuant to written “Consulting Fee Agreements” with each (collectively with the Website, the “Service”). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by our terms, including this Privacy Policy.


We are a business consulting firm that specializes in assisting small businesses, including by helping them prepare for and file claims for credit from the United States Internal Revenue Service (“IRS”).  

Generally, we collect information related to our Service, such as through your submission of a form on our Website and any feedback, including reviews or social media comments, you provide about the Service. This means we generally collect personal identifying information when you knowingly provide it to us, such as by filling out an online form so we can contact you, or providing us with documentation about your business for us to review in conjunction with the Services we will provide to you.

Like most websites, we also collect routine device and other data through the Website, and we use data to deliver advertisements that may be of interest to you.


This Privacy Policy outlines how we collect, use, and disclose information of users, both online and offline. Please also see our separate Terms and Conditions—or, if you are a client, your separate Consulting Fee Agreement with Company—both of which incorporate by reference this Privacy Policy and include definitions applicable to this Privacy Policy.

Unless otherwise expressly stated, this Privacy Policy does not apply to any third-party practices, websites, or services, whether or not referenced in our Service. Each third party will have its own privacy practices and policies, which you should review before using them.


Generally, we collect personal information about you, such as your name and address, and details about your business, employees, and profit and losses, when you voluntarily provide them to us. Initially, we collect your contact information when you submit it to us on the Website or through one of our social media channels. A member of our team will then contact you by phone, email, text, or other electronic means of communication, and we may collect additional personal information from you as part of those exchanges.

Like many companies, we also collect internet and device information, such as from cookies and other automated technologies, when you browse our website or interact with our advertisements on other sites or social media platforms.

We collect all of this information for our business purposes, namely, to provide and improve our Service. Part of this includes compliance with applicable laws, such as responding to legal requests, enforcing this Privacy Policy and our rights, and protecting others and our Service. We may also use information for short-term, transient use for an interaction with you and to personalize your experience and communications. We use information for security purposes and to protect against harmful activity. Further, we may use information for debugging for functionality, auditing interactions, and internal research. Moreover, we may use information as otherwise instructed by you and with your consent.

In addition, we collect information for commercial purposes, meaning to market our goods and services. For example, we collect device and other data to better target advertisements and other content in an effort to create a more personally relevant experience.

We use information for the same reasons that we collect it. For example, we use information for business purposes, such as running our website and sending you communications about your ERC application, as well as commercial purposes, such as advertising to you after you leave our website. We also use information for the reasons that we disclose it, as outlined below.

More specifically, we collect the following information for the referenced purposes.

CategoryExamples of Data Collected  Collection PointPurpose for Collection and Use  
Identifiers  Contact Information, such as name, address, and email address.      We collect this information when you provide it, such as when you complete a form on the Website.   We may also collect data from third parties, such as lead generation companies who have provided your information to us as a small business that may be interested in our Services.  We collect and use data for all business purposes, such as providing and improving our Services, submitting forms to the IRS, responding to communications, and for security and auditing purposes.   We may also collect and use your contact information to market our offerings to you, such as through emails.  
Commercial Data    Financial, such as name, financial records, tax information, credit or debit card number, CVV, and expiration date, bank account information, and so forth.   Inferences, such as creating a profile relating to consumer preferences and trends.  We collect this information when you provide it, such as when you are entering into a Consulting Fee Agreement or when you are making payment arrangements with us.   We may also collect information from third parties to help with responding to your requests, processing transactions, and improving offerings.We collect and use data for all business purposes, such as providing and improving our services, submitting forms to the IRS, responding to communications, and for security and auditing purposes.   We may also use inference information to market offerings of interest to you.   
Personal BackgroundProtected Class, such as sex or age.    We collect this information when you provide it, such as when we are working together to prepare your ERC application.  We collect and use data for all business purposes, such as to prepare and submit your ERC application, respond to communications, and for security and auditing purposes.
Device DataInternet and Network Data, such as browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement. See below for more information about cookies and other tracking technologies.   Geolocation, such as general location from an IP address.  We collect this data through cookies and other automated technologies. For example, like many companies, we automatically gather information about your device, such as your IP address, browser type, and operating system. For more information on these practices, see below.  We collect and use data for all business purposes, such as providing and improving our services and for security and auditing purposes.   We may also use device data to market offerings of interest to you.     
Sensitive DataIn addition to categories described above, we may collect the following:   Identification Information, such as your Social Security Number, business EIN, driver’s license information, date of birth, other tax information, employee information, and financial information necessary to assess, prepare, and submit your Tax Credit Benefit application.  We collect sensitive information only when you expressly provide it to us.  For more information on these practices, see below.We only collect and use sensitive data for the business purposes outlined, such as to prepare and submit your Tax Credit Benefit application.
Other Personalized DataEmployment, such as employee data necessary to prepare and submit your Tax Credit Benefit application.   Other Information, such as communications to us.  We may collect this information if you provide it, such as if you send us a message or documents.    We collect and use data for business purposes, such as reviewing and preparing forms and providing and improving the Service.    
Other Non-Personalized DataPublic information   Aggregate information   De-identified data   Pseudonymized data  We may collect this information at any time, from public, third party, and other sources.   For example, we may share a public review that you posted about us or use aggregate data for our analytics.We may collect and use this data for any business or commercial purposes. The information will either be public data or not identify individual users. 


As part of our business, we disclose information as follows and for the outlined purposes, which include business purposes to provide and improve the Service and comply with legal and contractual obligations, as well as commercial purposes, such as to market our business.

For example, if you utilize any “live chat” feature on our website, your chat transcripts may be shared with our third-party service providers, such as our customer service agents and customer management software. 


As with many companies, we may use cookies, pixels, gifs, web beacons, log files, and/or similar technologies to automatically collect certain information when you use the Service or interact with our digital media content, such as when you visit our website. This allows us to track individual users, determine when content is accessed, and customize user experiences. For example, unless you have opted out of cookies or changed your cookie settings in your internet browser, your browser automatically sends us certain device, browser, internet connection, and general geolocation information and certain internet activity information. For instance, we may collect your mobile device identifier or MAC address, ISP carrier information, date and time you access the Service, the pages you visit, and whether you click on ads. You can change your cookie settings in your internet browser and use settings on your device to manage your privacy controls. For more information and ways to opt out, see, and learn how to disable these tools by opting-out of third-party cookies and mobile device ID practices

As part of our practices, we may use third-party advertising companies to display ads tailored to your individual interests based on your online activity and to provide ad-related services such as analytics and market research. Third parties, in turn, may use a cookie, web beacon, or other similar technology to collect information. To opt-out of cross-device linking, visit or perform a global opt-out on each browser and device.

In particular, we may use Google cookies and tools, such as Google Analytics and in certain cases Google Maps, for analytics and advertising and to improve the user experience, and your information may be shared with Google; for more information, visit the Google Cookie Policy, Google Analytics Opt-Out Browser Add-On, or Ads Settings. We may also use Meta and other cookies for the purposes stated above, and your information from cookies may be shared with Meta; for more information visit the Meta/Facebook Cookie Policy.

Please note that there are different types of cookies and related technologies, including session (temporary cookies that last for a browser session) and persistent (cookies that remain on a user’s device for a specified period of time) cookies, which may be placed by us or third parties, including the following:


We only sell or share data as outlined in this Privacy Policy. Company participates in targeted ads, also called interest-based or online behavioral advertising, which may include cross-context behavioral advertising. Under some privacy legislation, this may constitute “selling” or “sharing” of personal information, such as for business purposes (e.g., providing our Service) and commercial purposes (e.g., other marketing). To opt out of these practices, contact us as outlined below.


Consistent with others in our industry, we take efforts to employ technical, administrative, and physical security measures for personal information, taking into account reasonable security procedures and accessible technology. However, no system can be completely secure; and we cannot promise, and you should not expect, that your personal information will always remain secure. Your provision of personal information is at your own risk. The safety and security of your information also depends on you. Take steps to safeguard your passwords and other data and notify us as soon as possible if you believe your account security has been breached.

If you are visiting the Service from a location outside of the United States, your connection will be through and to servers located in the United States, and all information you provide will be processed and securely maintained in our web servers and internal systems located within the United States. By using the Service, you authorize and specifically consent to the transfer of personal data to the United States and its storage and use as specified in this Privacy Policy.


We retain personal information for the length of time necessary to fulfill the purposes outlined in this Privacy Policy, unless a different retention period is requested by you or required or permitted by law. For example, we will retain your personal information for as long as it is needed to provide you with the Service or fulfill a legal or contractual obligation. We may also aggregate, deidentify, or anonymize personal information as applicable for use in analytics, such as to analyze trends over periods of time without specifically identifying you.

We use the following criteria to determine how long we retain personal information: (a) our relationship with you, such as if there is an open contract or account or a pending transaction or request; (b) legal obligations to retain personal information for certain purposes, such as to maintain transaction records; and (c) other obligations or considerations relating to the retention of data, such as contract requirements, litigation holds, investigations, or statutes of limitation. 


We value consumer privacy rights and strive to provide flexibility with how your personal data is used and shared. If you want to make a privacy request or have any questions, please contact us through our Contact Form or email  with your name and email address or other identifier used in connection with our Service so that we can verify your request. If an authorized agent is making a request on your behalf, the agent should provide its name and contact information, such as an email address, in addition to your information. There may be situations where we cannot grant your request; for example, if you make a request and we cannot verify your identity, or if you request deletion of data that we have a legal obligation to keep. Where we deny your request in whole or in part, we will take steps to inform you of the denial and provide an explanation of our actions and the reasons for the denial.

Applicable privacy laws have different requirements and depend on various factors, such as where you live and how much revenue or data is at issue. Generally, we adhere to the following set of privacy rights to the extent applicable and subject to any limitations authorized by law.


No, we do not knowingly collect any personal information about children under the age of 13. If we obtain actual knowledge that we have collected such information, we will delete it from our database. We have no such information to use or to disclose to third parties or to otherwise report, including under the Children’s Online Privacy Protection Act (“COPPA”). We do not have actual knowledge of selling or sharing the personal information of consumers under the age of 16.


We do not generally use or disclose “sensitive” personal information, nor do we use sensitive information for purposes other than those specified in the CPRA, which provides for the following uses without additional disclosures where the information is reasonably necessary and proportionate to the use: (a) to perform certain services, such as verifying information or for analytics; (b) to verify or maintain the quality or safety of our Service; (c) to perform services or provide goods reasonably expected; (d) for short-term use where there is no disclosure or profiling; and (e) to resist malicious, fraudulent, or illegal actions or to ensure physical safety.


No, we do not currently offer any financial incentives for your data.


No, our Service does not currently respond to DNT, short for Do Not Track, requests. DNT is a feature that, when enabled, sends a signal to websites to request that your browsing not be tracked.

“GPC” is short for Global Privacy Control settings in your browser or extension. We recognize GPC signals. This means that if your browser has GPC enabled, our website will automatically recognize your GPC signal and opt you out of the sale of your personal information, if any. For more information about GPC, please click here:


We will update this Privacy Policy when our privacy practices change or as otherwise required or permitted by law. Each time you use the Service, the current version of this Privacy Policy will apply. Unless we receive your express consent, any revised Privacy Policy will apply only to information collected after the effective date of the revised Privacy Policy.


Please contact us with any questions or concerns! We can be reached at:

Pinnacle Minds, Inc.

350 N Lantana St. Suite #229

Camarillo, CA 93010

Hotjar Addendum

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.

For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.”

Last Updated: April 8, 2024

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