Privacy Policy

This privacy policy (“Policy”) describes how SmarterD, Inc. (“Company”, “SmarterD”, “we”, “us”) collects, uses, and shares personal information of consumer users of this website, http://www.smarterd.com (the “Site”), as well as associated products, mobile applications and services (together, the “Services”), and applies to personal information that we collect through the Site and our Services as well as personal information you provide to us directly. This Policy also applies to any of our other websites or mobile applications that post this Policy. Please note that by using the Site or the Services, you accept the practices and policies described in this Policy and you consent that we will collect, use, and share your personal information as described below. If you do not agree to this Policy, please do not use the Site or the Services.

Table of Contents

• Personal Information We Collect
• How We Use Your Personal Information
• How We Share Your Personal Information
• Your Choices Regarding Your Personal Information
• Security Of Your Personal Information
• Retention of Personal Information
• International Users
• Children
• Do Not Track
• Updates To This Privacy Policy
• Notice to European Users
• Contact Us

1. Personal Information We Collect

We collect personal information about you in a number of different ways:

Personal Information Collected From You. When you use the Site or our Services, we collect personal information that you provide to us, which may include the following categories of personal information depending on how you use the Site or our Services and communicate with us:

• General identifiers, such as your name, address, location, telephone number, email address, job title and organizational affiliation.
• Online identifiers, such as your username and passwords for any of our Sites, or information we automatically collect through cookies and similar technologies used on our websites.
• Commercial information, such as your billing and payment history, and any records of personal property that we collect in connection with providing our Services to you. We also collect information about your preferences regarding marketing communications.
• Audio, electronic, and visual information that we collect in connection with providing our Services to you, such as video or audio recordings of conversations made with your consent.
• Other information you provide to us

Personal Information We Get From Others. We may collect personal information about you from other sources. We may add this to information we collect from the Site and through our Services.

Information We Collect Automatically. We automatically log information about you and your computer, phone, tablet, or other devices you use to access the Site and the Services. For example, when visiting our Site or using the Services, we may log your computer or device identification, operating system type, browser type, screen resolution, browser language, internet protocol (IP) address, unique identifier, general location such as city, state or geographic area, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site or Services. How much of this information we collect depends on the type and settings of the device you use to access the Site and Services.

Cookies. We may log information using “cookies.” Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. Other similar tools we may use to collect information by automated means include web server logs, web beacons and pixel tags. This type of information is collected to make the Site and Services more useful to you and to tailor the experience with us to meet your interests and needs.

Google Analytics. We use Google Analytics to help analyze how users use the Site. Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and the Services. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but the analytics provider. The provider’s ability to use and share information collected by the analytics tool about your visits to the Site is restricted by the providers’ terms of service and privacy policy. To view the Google privacy policy, click here: https://support.google.com/analytics/answer/7318509?hl=en.

Additional Information. If you choose to interact on the Site or through the Services (such as by registering; using our Services; entering into agreements with us; or requesting information from us), we will collect the personal information that you provide. We may collect personal information about you that you provide through telephone, email, or other communications. If you provide us with personal information regarding another individual, please do not do so unless you have that person’s consent to give us their personal information.

Information About Third Parties. You may not provide us with personal information regarding another individual. Providing personal information about another individual without their consent could be viewed as a data privacy violation and could subject you to sanctions.

2. How We Use Your Personal Information

Generally, we may use your personal information in the following ways and as otherwise described in this Privacy Policy or to you at the time we collect the personal information from you:

To Provide the Services and Personalize Your Experience

We use personal information about you to provide the Services to you and to personalize your experience with the Services.

Research and development

We may use your personal information for research and development purposes, including to analyze and improve the Services, our Sites and our business.

Creating anonymous/deidentified data

As part of our research and development, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third-parties for our lawful business purposes as permitted by law.

Company operations

We may use personal information for our day-to-day operations, including for employment and administrative purposes, to evaluate potential candidates for employment and for security, facilities access, company systems, compliance, and database use.

Marketing

We may use your personal information in connection with sending you marketing communications as permitted by law, including by mail and email. You may opt-out of marketing communications by following the unsubscribe instructions at the bottom of our marketing communications, emailing us at info@smarterd.com calling us at 1-669-212-4063.

Compliance and protection

We may use any of the categories of personal information described above to:

• Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
• Protect our, your and others’ rights, privacy, safety and property (including by making and defending legal claims);
• Audit our internal processes for compliance with legal and contractual requirements and internal policies;
• Enforce the terms and conditions that govern the Site and our Services; and
• Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

We may also use your personal information for other purposes consistent with this Privacy Policy or that are explained to you at the time of collection of your personal information.

With your consent

If you provide us with consent or instruct us to share your personal information with a third party, we may do so. We will not share such information with third parties without your express consent or instruction.

3. How We Share Your Personal Information

We may disclose all categories of personal information described above with the following categories of third parties:

Affiliates

We may share your personal information with our affiliates, for purposes consistent with this notice or that operate shared infrastructure, systems and technology.

Third Party Service Providers

We may provide your personal information to third party service providers that help us provide you with the Services that we offer through the Site or otherwise, and to operate our business (for example, web services operators and credit card billing partners). Our third-party service providers may include cloud service providers such as Oracle Cloud and Microsoft Azure, analytics providers and email providers.

Professional Advisors

We may provide your personal information to our lawyers, accountants, bankers and other outside professional advisors in the course of the services they provide to us.

Corporate Restructuring

We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires SmarterD, our business, or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information described in this Privacy Policy.

Other Disclosures

We may disclose your personal information if we believe in good faith that such disclosure is necessary for any of the following:

• In connection with a legal investigation;
• To comply with relevant laws or to respond to subpoenas or warrants served on SmarterD;
• To protect or defend the rights or property of SmarterD or users of the Site or Services; and/or
• To investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our terms of service/terms of use.

We may also share personal information with other categories of third parties with your consent or as described to you at the time of collection of your personal information.

Third Party Websites

Our Site or the Services may contain links to third party websites or services. When you click on a link to any other website or location, you will leave our Site or the Services and go to another site and another entity may collect your personal information from you. We have no control over, do not review, and cannot be responsible for these outside websites or their content, or any collection of your personal information after you click on links to such outside websites. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content, websites or privacy practices.

4. Your Choices Regarding Your Personal Information

You have several choices regarding the use of your personal information on the Site and our Services:

Email Communications

We may periodically send you free newsletters and e-mails that directly promote the use of our Site or the Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below) or following the instructions on the bottom of the email. Despite your indicated e-mail preferences, we may send you Services-related communications, including notices of any updates to our Privacy Policy or terms of service/terms of use.

Cookies

If you decide at any time that you no longer wish to accept cookies from our Site for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services. If you have any questions about how to disable or modify cookies, visit https://www.allaboutcookies.org/.

5. Security Of Your Personal Information

SmarterD is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. No method of transmission over the internet, or method of electronic storage, is 100% secure, however. Therefore, while we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security.

6. Retention of Personal Information

We keep your personal data only as long as necessary to provide you with the Services and for our legitimate and essential business purposes, such as complying with our legal obligations, preventing violations of the law, our terms of service or this Privacy Policy.

7. International Users

Please note that our Site and the Services are hosted in the United States. If you use our Site or our Services from outside the United States, please be aware that your personal information may be transferred to, stored, and processed in the United States or other countries where our servers are located and our central database is operated. The data protection and privacy laws of the United States may differ from the laws in your country. By using our Site or our Services, you consent to the transfer of your personal information to the United States or other countries as described in this Privacy Policy.

8. Children

Our Site and the Services are not intended for children under 18 years of age, and you must be at least 18 years old to have our permission to use the Site or the Services. We do not knowingly collect, use, or disclose personally identifiable information from children under 13. If you believe that we have collected, used, or disclosed personally identifiable information of a child under the age of 13, please contact us using the contact information below so that we can take appropriate action.

9. Do Not Track

We currently do not support the Do Not Track browser setting or respond to Do Not Track signals. Do Not Track (or DNT) is a preference you can set in your browser to let the websites you visit know that you do not want them collecting certain information about you. For more details about Do Not Track, including how to enable or disable this preference, visit http://www.allaboutdnt.com.

10. Updates To This Privacy Policy

We reserve the right to change this Privacy Policy at any time. If we make any material changes to this Privacy Policy, we will post the revised version to our website and update the “Effective Date” at the top of this Privacy Policy. If we make material changes to this Privacy Policy, we will notify you of the changes and provide you with an opportunity to accept or reject the changes (note that if you choose to reject the changes, you may not be able to continue to utilize the Services).

11. Notice to European Users

The information provided in this “Notice to European Users” section applies only to individuals in Europe.

Personal information

References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation, including the General Data Protection Regulation and the U.K. General Data Protection Regulation.

Controller

SmarterD is the controller of your personal information covered by this Privacy Policy for the purposes of European data protection legislation, except to the extent that we process your personal information on behalf of our customer, in which case our customer is the controller of your personal information, and SmarterD is the processor.

Data Protection Officer

We have appointed a Data Protection Officer, whose contact information is:

Legal bases for processing

We use your personal information only as permitted by law. Our legal bases for processing the personal information described in this Privacy Policy are described in the table below.

Use for new purposes

We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Sensitive personal information

If you provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, health, or biometrics characteristics) when you use the Services, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information to us.

Automated Decision-Making and Profiling

We do not use automated decision-making and/or profiling in regard to your personal information in connection with the Services.

Retention

We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.

Your rights

European data protection laws give you certain rights regarding your personal information. If you are located within the European Economic Area, the United Kingdom or Switzerland, you may ask us to take the following actions in relation to your personal information that we hold:

• Access: Provide you with information about our processing of your personal information and give you access to your personal information.
• Correct: Update or correct inaccuracies in your personal information.
• Delete: Delete your personal information.
• Transfer: Transfer a machine-readable copy of your personal information to a third party of your choice.
• Restrict: Restrict processing of your personal information.
• Object: Object to our reliance on our legitimate interests as a legal basis of our processing of your personal information that impacts your rights.

You may submit these requests by email to privacy@smarterd.com or our postal address provided below. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.

Cross-Border Data Transfer

If we transfer your personal information out of Europe to a country not deemed by the European Commission or the U.K. Information Commissioner’s Office to provide an adequate level of personal information protection, the transfer will be performed:

• Pursuant to the recipient’s compliance with standard contractual clauses or Binding Corporate Rules;
• Pursuant to the consent of the individual to whom the personal information pertains; or
• As otherwise permitted by applicable European requirements.

You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.

Contact Us

Our contact information is as follows: