Warsh’s Trek To The Fed Chair

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The long-awaited nomination of Kevin Warsh as the next Chair of the Federal Reserve is now behind us, and the market response was notably calm. For an announcement with this level of anticipation and magnitude, the absence of meaningful volatility was telling. Markets appear to view Warsh as a credible, institutionally grounded choice rather than a disruptive one. That reaction matters, particularly given the broader uncertainty surrounding the future composition and direction of the Fed.

Our focus now shifts to what comes next. Over the coming months, Warsh will move through the confirmation process and, if successful, become the new Fed Chair. As of today, he holds the President’s nomination, formally initiating Senate review. This marks only the beginning of the path to the chair. There are multiple steps ahead, and the process is likely to include a few additional steps that will need careful navigation.

Let’s break it down.

The most significant near-term milestone will be Warsh’s appearance before the Senate Banking Committee, where he will lay out his priorities and face close questioning on his credibility, inflation, regulation, and—critically—his views on Federal Reserve independence.

From a policy perspective, Warsh’s broader framework is most clearly articulated in a November 2025 Wall Street Journal opinion piece, in which he argues that the Fed has become captive to what Milton Friedman described as the “tyranny of the status quo.” His core arguments reinforce the signals embedded in his nomination:

  • AI is a meaningful, structural disinflationary force that can lift productivity, real wages, and long-term growth.
  • Inflation is ultimately a policy choice driven by fiscal excess and monetary accommodation, not by strong growth or rising wages.
  • The Fed’s bloated balance sheet and regulatory posture have favored Wall Street over Main Street, constraining credit formation and contributing to inflationary pressures.
  • U.S. regulatory policy should prioritize domestic competitiveness over global convergence, particularly with respect to Basel standards.

In practice, however, the scope for immediate action is constrained. Quantitative tightening was halted as recently as December of last year, while the Federal Open Market Committee remains acutely sensitive to steps that could reintroduce liquidity stress. In our opinion, a return to a pre-2008 corridor-style balance sheet is therefore unlikely. Near-term policy adjustments are far more likely to occur through interest rates than through renewed balance-sheet contraction.

These constraints heighten the importance of Warsh’s current inflation views. Historically, he was known as hawkish, particularly during his tenure as a Fed Governor from 2006 to 2011. More recently, he has emphasized productivity-led disinflation and supported lower policy rates, broadly aligned with the administration’s preferences. Whether this reflects a durable evolution or a tactical shift remains an open question. The more likely outcome is a gradual, incremental adjustment rather than a sharp regime change, with the Fed retaining a backstop role only during periods of genuine systemic stress.

Warsh’s credibility rests not only on ideas but on experience. He served on the Board during the global financial crisis and supported the initial deployment of quantitative easing, before later becoming concerned about the prolonged reliance on balance-sheet tools and their market-distorting effects. His departure from the Board reflected those concerns, and that experience continues to shape his approach today.

He has also been consistently critical of the Fed’s regulatory posture, arguing that post-crisis frameworks and global standards have constrained bank lending—particularly for small and mid-sized institutions—and have drifted away from the Fed’s core mission.

Bottom line: From our perspective, Warsh’s views do not signal a radical break from the current framework. Rather, he represents a disciplined effort to rebalance policy transmission toward productivity, rate policy, and market signals, while limiting reliance on balance sheet tools. We do not view his policy perspective as a source of concern for the Senate Banking Committee.

With that being said, Warsh must secure a majority vote to win the seat. This poses the immediate question: who are Warsh’s allies, and where does additional work need to be done to secure support?

Senator Thom Tillis sits at the top of the watch list, not because of opposition to Warsh specifically. Tillis has openly shared concerns about the Department of Justice investigation involving Chair Jerome Powell and the decision to pause consideration of new Federal Reserve seats until that issue is resolved. It is important to caveat that this stance was not directed at Warsh specifically. If anything, it creates room for alignment: Tillis and Warsh appear to share a strong commitment to preserving Federal Reserve independence, a common principle that could ultimately land favorably when Warsh presents to the Senate Banking Committee. At the end of the day, we do not anticipate Tillis blocking Warsh’s confirmation.

Assuming Warsh wins the Senate Banking Committee vote, the question remains which seat is available to fill and whether the timing ultimately works in his favor. There could be two seats in play. If the investigation involving Jerome Powell does not reach a conclusion before the final confirmation vote, Powell may remain in his seat, at least temporarily. In that case, only one seat would be immediately available. Governor Miran’s term officially ended on January 31, 2026, making that seat the most viable near-term option. On a constructive note, Miran recently stated in a letter to the President, “While I took an unpaid leave of absence from the Council to come to the Federal Reserve, I promised the Senate that if I should stay on the Board past January, I would formally depart the Council.” We think it’s safe to say that Warsh will have a place to sit in the interim.

In tandem with Warsh’s trek to confirmation, it is also important to frame our outlook for markets during this period. Given that the nomination occurred without significant volatility, we believe much of the market response to a new Fed Chair has already been priced in. As a result, we do not expect large volatility fluctuations tied specifically to the confirmation process.

Once Warsh secures the majority vote from the Senate Banking Committee and is confirmed as the new Fed Chair, the game officially begins.

From day one as Fed Chair, the clock would be ticking. Warsh has made ambitious, well-intentioned commitments to reducing the Fed’s balance sheet. Delivering those commitments would be a significant undertaking, requiring consensus within the committee and—most critically—time, which is not on his side. As a result, Warsh would likely face an uphill battle in materially shrinking the Fed’s balance sheet.

To gain traction on this initiative, Warsh would likely find some support from Governor Bowman. However, given the FOMC’s recent decision to end quantitative tightening (QT) and engage in reserve management purchases (RMPs), a pivot back toward balance sheet reduction as early as May would represent a significant shift in policy direction.

If Warsh is able to build committee consensus around his approach to running the Fed, the Fed’s balance sheet could evolve along the lines outlined below:

As Warsh noted in July of last year: “We need a new Treasury-Fed accord, as we did in 1951 after another period where we built up our nation’s debt, and we were stuck with a central bank that was working at cross purposes with the Treasury. That’s the state of things now.” “So, if we have a new accord, then the Fed chair and the Treasury secretary can describe to markets plainly and with deliberation, ‘This is our objective for the size of the Fed’s balance sheet.’”

Warsh has argued that lower front-end rates should be paired with a smaller Fed balance sheet to achieve a neutral shift in financial conditions. Lower front-end rates are the more straightforward component of that objective. Reducing the balance sheet, however, would require coordination with the Treasury.

Currently, the Fed’s Treasury holdings have a weighted-average maturity of 8.4 years, compared with 5.8 years for the outstanding universe of U.S. debt. Securities with maturities of less than one year account for 17% of the Fed’s holdings, versus approximately 22% of the outstanding debt universe. At the long end, 37% of the Fed’s Treasury holdings—roughly $1.56 trillion in notional—have maturities greater than 10 years.

While this maturity mismatch creates room for the Treasury to continue relying on front-end issuance as the Fed increases its bill holdings, an outright reduction of the balance sheet through traditional quantitative tightening (QT) runoff would be slow and misaligned with the pace of rate cuts a Warsh-led Fed would likely pursue. To achieve a financial conditions-neutral deleveraging of the Fed’s balance sheet alongside easing front-end rates, coordination with the Treasury would be necessary.

Uncoincidentally and to Warsh’s advantage, Scott Bessent, US Secretary of the Treasury, shares many of the same views as Warsh: reduced regulatory oversight for banks, more restrictive balance sheet policies, and tighter coordination between the Fed and Treasury. In addition, Warsh and Bessent have a distinct connection; they both have worked under famed macro investor Stanley Druckenmiller (though at separate times). Bessent worked with Druckenmiller at Soros Fund Management from 1991 to 2000. Warsh joined the Duquesne Family Office as a partner and advisor after leaving his post at the Fed in 2011, working closely and co-authoring WSJ opinion pieces together.

According to Druckenmiller: “To have this kind of competence at the Treasury and this kind of competence in the Fed is something I haven’t seen in a pair in decades, maybe [since] Rubin and Greenspan,” Druckenmiller told Barron’s. “I know they’re gonna work together. And they both have market experience. They both have big brains. Kevin is a great communicator. Scott has become a much better communicator. I’m hopeful, and I had no hope before these two were paired together. Even though I was the boss of each of them at one point, they both got IQ points on me.”

Assuming Warsh can build consensus around his views, a Warsh-led Federal Reserve and a Bessent-led Treasury could work together to advance their shared objectives. This partnership could take the form of a Treasury–Fed asset swap, in which the Treasury issues a significant volume of short-term Treasury bills and exchanges them for longer-duration assets on the Fed’s balance sheet, such as Treasuries or mortgage-backed securities (MBS). If an all-Treasury balance sheet is preferred, the MBS holdings could also be swapped. While this approach could move the balance sheet in the desired direction, it would still take time and is unlikely to enable a rapid reduction of the full $2 trillion in mortgage holdings.

This relationship could advance several objectives for both the Federal Reserve and the U.S. Treasury:

  • Better align the weighted-average maturity of the Fed’s balance sheet with the maturity profile of outstanding U.S. debt.
  • Shift more of the maturity burden to the front end, allowing the Fed to accelerate balance-sheet reduction with less risk of long-duration rate volatility.
  • A smaller, more focused balance sheet would give the Fed greater flexibility to lower front-end rates without materially easing overall financial conditions.
  • Reduce the Fed’s footprint and distortion in private markets.
  • Allow the Treasury to retain greater control over long-duration issuance, supporting more active and deliberate debt-management decisions.

If executed properly, coordination between the Fed and the Treasury could allow both institutions to operate independently while preserving their respective mandates. The Fed would continue to pursue an independent monetary policy through the rate mechanism and active reserve management. The Treasury would maintain independence over fiscal policy, including debt issuance and maturity management, as well as tax policy and deregulation. In this framework, both institutions advance their objectives without compromising independence—a win for both parties.

One significant consideration is that any asset swap removing long-duration assets from the Fed’s balance sheet would realize mark-to-market losses. Unrealized losses totaled roughly $1 trillion as of the end of 2024. This would increase the Fed’s deferred asset—a negative liability that represents the cumulative profits the Fed must earn before remittances to the Treasury can resume.

That said, once the swap is complete, the Fed would hold a balance sheet concentrated in short-duration Treasury bills. These assets generate more stable, predictable interest income and absent duration-driven valuation losses could allow the Fed to return to positive earnings more quickly and amortize the deferred asset faster than under the current structure, allowing earnings on the balance sheet to be remitted to the Treasury.

That outcome, however, hinges on a major assumption. A reform of this magnitude would almost certainly face skepticism, and concerns over Fed independence would likely reemerge, at least initially. The burden would fall on Warsh’s communication strategy to convince markets that operating under this new framework would preserve independence from political pressure while serving the broader economic interest.

A separate risk is that Warsh, like any Fed Chair, will need to remain insulated from political pressure. Trump has already made comments—though not explicitly directed at Warsh—that indicate limited patience with the Fed. As noted by Financial Times economics editor Chris Giles, President Trump could ultimately lose patience and redirect his frustration toward Warsh, accusing him of having promised to be something he ultimately is not. Giles argues this is already Trump’s central fear and a plausible scenario. Such an outcome would be damaging for the Federal Reserve, and a prolonged political confrontation would likely undermine sound economic management.

To summarize our perspective, Warsh appears to have the experience, commitment to Federal Reserve independence, and willingness to work constructively with the Treasury needed to navigate these risks, should they emerge. While he would not be immune to heightened scrutiny, we believe he is capable of managing it in a manner that ultimately supports the credibility and effectiveness of the Federal Reserve.

The proposed Treasury-Fed accord is not necessarily an expectation of how policy will evolve, but an exercise in understanding the goals of the incoming Fed chair and how they could tangibly be achieved.

Markets will likely be focused on the extent that Warsh sees additional policy easing, but the key question lies in how the Fed’s framework evolves, and how quickly those changes are reflected in rates, regulation, and risk pricing. Warsh would enter the role with an ambitious agenda, differentiated views, and a policy framework that challenges the Fed’s current standards of practice.

Time will ultimately determine how this plays out. If and when Warsh is confirmed and begins his term as Fed Chair, he will face a substantial agenda and limited time to execute it. That said, his experience, posture, and stated commitment to Federal Reserve independence suggest a constructive shift in direction, even if progress unfolds unevenly.

Let’s Talk.

  


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13. Limitation of Liability; Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SCI SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SCI, OR FROM EVENTS BEYOND SCI’S REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SCI ARISING OUT OF OR IN ANY WAY RELATED TO THE SCI SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE SCI’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

14. Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SCI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

YOU AND SCI AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SCI SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.

Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and SCI agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. SCI further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and SCI are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the SCI Services. Further, unless both you and SCI agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

15. Class Action Waiver

REGARDLESS OF THE FORUM, YOU AND SCI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the SCI Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.

17. Governing Law and Jurisdiction

SCI operates the SCI Services from the State of Colorado, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by the laws of the State of Colorado, U.S.A. including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Colorado shall not apply. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be state and federal courts sitting in County of Denver, State of Colorado, and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens with respect to such courts.

18. Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to SCI at the following contact: info@smithcapitalinvestors.com. Any notices to you may be made via either e-mail or postal mail to the address in SCI’s records or via posting on the SCI Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.

19. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

20. Procedure for Making Claims of Copyright Infringement

If you believe in good faith that any of the content on the SCI Services infringes your copyright, please provide our copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the SCI Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

SCI’s copyright agent for notice of claims of copyright infringement can be reached as follows:

SCI
 Attn: Compliance
 compliance@smithcapitalinvestors.com

21. Miscellaneous

The SCI Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement between you and SCI relating to your access to and use of the SCI Services. These Terms, and any rights granted hereunder, may not be transferred, or assigned by you without the prior written consent of SCI. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and SCI’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

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A close up of a logo Description automatically generated

Smith Capital Investors, LLC Privacy Notice

Last Updated: January 16, 2025

1. Acceptance of Privacy Notice

Welcome to Smith Capital Investors, LLC (“SCI” “we” or “us”) and our Privacy Notice (“Privacy Notice”). This Privacy Notice is important and affects your legal rights, so please read carefully.

By accessing or using https://smithcapitalinvestors.com/ and various related websites and services (collectively, the “SCI Services”), you agree to be bound by this Privacy Notice and all of the terms incorporated herein by reference. By using the SCI Services and/or submitting or collecting any personal data via the SCI Services, you accept and expressly consent and agree to our practices surrounding the collection, use, and sharing of your personal information in accordance with this Privacy Notice. If you do not consent and agree with the terms of this Privacy Notice, you cannot, and we do not authorize you to, access, browse, or use the SCI Services.

2. Information We Collect

2.1 Personal Information We Collect Directly from You

Categories of Non-Public Personal Information We Collect

We receive non-public personal information as described to you at the point of collection, pursuant to your consent, and/or when you voluntarily provide us with personal information, including:

(1) individual information (such as your e-mail address and phone number);
(2) company information (such as your company’s address); and
(3) other identifying information that you voluntarily choose to provide to us, including without limitation personal information in messages you send to us.

We may also collect additional information, which may be personal information, as otherwise described to you at the point of collection or pursuant to your consent. 

2.2 Information We Automatically Collect When You Use Our Site

In order to access and use certain areas or features of the SCI Services, you consent to our collection and use of certain information about your use of the SCI Services through the use of tracking technologies or by other passive means. Your consent to our access and use of this “passively collected” information includes, but is not limited to, search engines used, the internet protocol (IP) address used, the length of time spent on the SCI Services, the pages you looked at on the SCI Services, the type of device and/or internet browser you have, the frequency of your visits to the SCI Services, and other relevant statistics (collectively “Traffic Data”).

3. How We Collect Information

We collect information (including personal information and Traffic Data) when you use and interact with the SCI Services, and in some cases from third party sources. Such means of collection include:

When you access, use, or contact us through the SCI Services.
When you voluntarily provide information through the SCI Services.
If you use a location-enabled browser, we may receive information about your location and device.
Through Cookies, Web Beacons, analytics services, and other tracking technologies (collectively, “Tracking Tools”).
When you provide your information as a customer of SCI.

4. How We Use Your Information

We do not engage in automated decision making. We may use information (including information that has been de-identified and/or aggregated) to better understand who uses the SCI Services and how we can deliver a better user experience. We use information, including personal information, to provide the SCI Services and to help improve the SCI Services, to develop new services, and to advertise our services. Specifically, such use may include:

Providing you with the products, services, and information you request.
Corresponding with you.
Providing, maintaining, administering, or expanding the SCI Services, performing business analyses, and for other internal purposes.
Combining information received from third parties or publicly available information with information that we have from or about you and using the combined information for any of the purposes described in this Privacy Notice.

Fulfilling our legal obligations, such as preventing, detecting, and investigating security incidents, fraud, and potentially illegal or prohibited activities.
We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
Enforcing our Privacy Notice and other agreements.

5. How We Share or Disclose Your Information

In certain circumstances, and to perform the SCI Services, we may share certain information about you as described in this section:

We may transfer your personal information to another company in connection with a proposed merger, sale, acquisition or other change of ownership or control by or of SCI (whether in whole or in part). We will make reasonable efforts to notify you before your information becomes subject to different privacy practices.
We also may need to disclose your personal information or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with or fulfill our obligations under applicable law; (2) protect the rights, property or safety of you, SCI or another party; (3) enforce this Privacy Notice or other agreements with you; or (4) respond to claims that any posting or other content violates third-party rights.

6. How We Respond to “Do Not Track” Signals

Your web browser may let you choose your preference as to whether you want to allow the collection of information about your online activities over time and across different websites or online services. We honor the preferences you may have set in your web browser regarding such collection of your information.

7. Cookies and Traffic Data

We may use tools outlined below to provide the SCI Services, advertise to, and better understand users.

• Cookies: “Cookies” are small computer files transferred to your device that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the SCI Services. We use Cookies to: (i) improve and tailor the SCI Services, (ii) customize advertisements, (iii) measure performance, (iv) store authentication so re-entering credentials is not required, (v) customize user experiences, and for (vi) analytics and fraud prevention. For more information on Cookies, including how to control your Cookie settings and preferences, visit http://www.allaboutCookies.org. You can also manage Cookies in your web browser (for example, Edge, Explorer, Chrome, Safari). If you choose to change your settings, you may find that certain functions or features of the SCI Services will not work as intended. The follow details the types of Cookies we use and why we use them:

o Absolutely necessary Cookies. These Cookies are essential to enable you to move around a website and use its features. Without these Cookies, services you have asked for, like adding items to an online order, cannot be provided.

o Performance and Preference Cookies. These Cookies collect information about how you use the SCI Services. Information collected includes, the Internet browsers and operating systems used, the domain name of the website previously visited, the number of visits, average duration of visit, and pages viewed. These Cookies do not collect information that personally identifies you and only collect aggregated and anonymous information. Performance Cookies are used to improve the user-friendliness of a website and enhance your experience.

o Functionality Cookies. These Cookies allow the SCI Services to remember choices you make (such as your username, language preference, or the area or region you are in) and provide enhanced, more personal features. These Cookies can also be used to remember changes you have made to text size, fonts, and other customizable parts of the SCI Services. The information these Cookies collect may be anonymized, and they cannot track your browsing activity on other websites.

o Statistics Cookies. These Cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

o Marketing Cookies. These Cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.

Web Beacons: “Web Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files embedded in a web page or email that may be used to collect information about the use of the SCI Services. The information collected by Web Beacons allows us to analyze how many people are using the SCI Services, using selected publishers’ websites, or opening emails, and for what purpose.

Web Service Analytics: We may use third-party analytics services in connection with the SCI Services, including, for example, to register mouse clicks, mouse movements, scrolling activity and text typed into the SCI Services. We use the information collected from these services to help make the SCI Services easier to use and as otherwise set forth in Section 5 (How We Use Your Information). These analytics services generally do not collect personal information unless you voluntarily provide it.

Mobile Device Identifiers: As with other Tracking Tools, mobile device identifiers help SCI learn more about our users’ demographics and Internet behaviors in order to personalize and improve the SCI Services. Mobile device identifiers are data stored on mobile devices that may track activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable collection of personal information (such as media access control, address, and location) and Traffic Data.

You may be able to reject Cookies and/or mobile device identifiers by activating the appropriate setting on your browser or device. Although you are not required to accept SCI’s Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the SCI Services.

• You may opt out of receiving certain Cookies by visiting the Network Advertising Initiative (NAI) opt out page or the Digital Advertising Alliance (DAA) opt out page, or by installing the DAA’s AppChoice app (for iOS; for Android) on your mobile device. When you use these opt-out features, an “opt-out” Cookie will be placed on your device indicating that you do not want to receive interest-based advertising from NAI or DAA member companies. If you delete Cookies on your device, you may need to opt out again. For information about how to opt out of interest-based advertising on mobile devices, please visit http://www.applicationprivacy.org/expressing-your-behavioral-advertising-choices-on-a-mobile-device. You will need to opt out of each browser and device for which you desire to apply these opt-out features.

8. Storage and Security of Information

Any information you send to us electronically, while using the SCI Services or otherwise interacting with us, may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. We have implemented measures and controls intended to protect your personal information from accidental loss and unauthorized access, use, alteration, and disclosure.

Please be aware, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send us through any means is transmitted at your own risk.

9. Purposes for Collection, Use, and Sharing.

We use and disclose the personal information we collect for our commercial purposes, as further described in this Privacy Notice, including for our business purposes with our partners and service providers as follows:

Legal compliance and auditing related to our interactions with you.
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and exercising our related rights.
Performing and improving our services (by us or our service provider(s)).
Internal operations.
Other one-time or short-term uses.

10. How Long We Retain Your Information

We retain personal information about you for as long as necessary to provide you the SCI Services. In some cases, we retain personal information for longer, if doing so is necessary to comply with our legal obligations, or as otherwise permitted by applicable law. Afterwards, we retain some information in a de-identified and/or aggregated form but not in a way that would identify you personally.

11. Information Provided on Behalf of Children and Others

The SCI Services are not intended for use by children. Individuals under the age of 18 may not use the SCI Services. SCI does not knowingly collect any information from children. If you are under 18, do not attempt to send us any personal information. By accessing, using and/or submitting information through the SCI Services, you represent that you are not younger than 18 and that you have authority to do so.

12. Third Party Web Services

The SCI Services may contain links or content from third party websites. A link or content from a third-party website does not mean we endorse that website, the accuracy of information presented, or the persons or entities associated with that website. If you visit a third-party website, you are subject to the privacy Notice of the applicable third party and we are not responsible for the policies and/or practices of any third party. We encourage you to ask questions before you disclose your information to others.

13.  Your Privacy Choices

We offer you the following choices about the information we collect from you and how we communicate with you:

Promotional Communications

If you do not want us to use your contact information to receive our promotions for our products or services, you can opt out by sending us an email stating your request to info@smithcapitalinvestors.com. Additionally, if you have received a promotional email from us, you can also opt out of receiving future promotional emails from us by following the unsubscribe instructions contained in such email.

Accessing and Changing Your Information

You may send us an email at info@smithcapitalinvestors.com to request access to, correct, or delete any personal information that you have provided to us. 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.

14. Updates and Changes to Privacy Notice

The effective date of this Privacy Notice is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the SCI Services after the effective date of any amendment to this Privacy Notice constitutes your acceptance of the amended Privacy Notice. We encourage you to periodically review this page for the latest information on our privacy practices. Any amended Privacy Notice supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY NOTICE, YOU MUST STOP USING THE SCI SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

15. Contact Us

If you have any questions about this Privacy Notice, please contact us at info@smithcapitalinvestors.com or at:

Name
Attn: Business Operations
Address: 1430 Blake Street, Denver, CO 80202
Email: info@smithcapitalinvestors.com
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