EU-US Data Privacy Framework Program

SmarterTools Inc. ("SmarterTools") has adopted this Data Privacy Framework Program Policy ("Policy") to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that SmarterTools obtains from Customers.

SmarterTools complies with the EU-US Data Privacy Framework (EU-US DFP) and the UK Extension to the EU-US DPF as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and the United Kingdom (UK including Gibraltar). SmarterTools has certified that it adheres to the DPF Principles of Notice, Choice and Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the EU-US Data Privacy Framework, these Principles shall govern. To learn more about the DPF program, and to view our certification page, please visit

All SmarterTools employees who handle Personal Data from Europe are required to comply with the Principles stated in this Policy. In addition to this policy, our standard Privacy / Cookie Policy further outlines our commitment to the protection of personal information.


"Customer" means a prospective, current, or former partner (distributor or reseller), vendor, supplier, customer, or client of SmarterTools. The term also shall include any individual agent, employee, representative, customer, or client of any SmarterTools Customer where SmarterTools has obtained his or her Personal Data from such Customer as part of its business relationship with the Customer.

"Data Subject" means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics.

"Employee" means an employee (whether temporary, permanent, part-time, or contract), former employee, independent contractor, or job applicant of SmarterTools or any of its affiliates or subsidiaries, who is also a resident of a country within the European Economic Area.

"Europe" or "European" refers to a country in the European Economic Area.

"Personal Data" as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual's name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available.

"Sensitive Data" means Personal Data that discloses a Data Subject's medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.

"Third Party" means any individual or entity that is neither SmarterTools nor an SmarterTools employee, agent, contractor, or representative.


This Policy applies to the processing of Customer Personal Data that SmarterTools receives in the United States concerning Customers who reside in Europe. SmarterTools provides products and/or online services to businesses.

This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms or anonymization are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible. Similarly, anonymization obfuscates data in such a way that it is not able to be used to identify individual persons.)

Responsibilities and Management

SmarterTools has designated an internal team to oversee its information security program, including its compliance with the Data Privacy Framework program. The internal team shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to

SmarterTools will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the Personal Data that it collects. SmarterTools personnel will receive training, as applicable, to effectively implement this Policy. Please refer to Data Integrity and Security for a discussion of the steps that SmarterTools undertakes to protect Personal Data.

Renewal and Verification

SmarterTools will renew its EU-US Data Privacy Framework, and the UK Extension to the EU-US DPF, certification annually, unless it subsequently determines that it no longer needs such certification or if it employs a different adequacy mechanism.

Prior to the re-certification, SmarterTools will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of Customer Personal Data are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, SmarterTools will undertake the following:

  1. Review this DPF policy and its publicly posted website privacy policy to ensure that these policies accurately describe the practices regarding the collection of Customer Personal Data
  2. Ensure that the publicly posted privacy policy informs Customers of SmarterTools' participation in the Data Privacy Framework program and where to obtain a copy of additional information
  3. Ensure that this Policy continues to comply with the Data Privacy Framework principles
  4. Confirm that Customers are made aware of the process for addressing complaints and any independent dispute resolution process (SmarterTools may do so through its publicly posted website, Customer contract, or both)
  5. Review its processes and procedures for training Employees about SmarterTools' participation in the DPF program and the appropriate handling of Customer Personal Data

Collection and Use of Personal Data

SmarterTools provides various solutions to its Customers, which are predominantly business customers, although individual consumers are not restricted from purchasing such products. SmarterTools collects Personal Data from Customers when they purchase our products, register with our website, log-in to their account, complete surveys, request information from us, submit tickets to our support or sales teams, participate in our Community or otherwise communicate with us.

The Personal Data that we collect may vary based on the Customer's interaction with our website and request for our services. As a general matter, SmarterTools collects the following types of Personal Data from its Customers: contact information, including, a contact person's name, work email address, work mailing address, work telephone number, title, and company name.

When Customers use our services online, we will collect their IP address and browser type, though we take care to anonymize IP addresses wherever possible. We also may collect Personal Data from persons who contact us through our website(s) to request additional information; in such a situation, we would collect contact information (as discussed above) and any other information that the person chooses to submit through our website(s).

For certain products, SmarterTools serves as a service provider to its Customers. In our capacity as a service provider, we will receive, store, and/or process Personal Data owned and/or controlled by our Customers, including information about their employees, clients, customers, agents, or other individuals. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of each particular Customer. The information that we collect from our Customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to the Customer, and as otherwise requested by the Customer.

SmarterTools uses Personal Data that it collects directly from its Customers and Customers' customers indirectly in its role as a service provider for the following business purposes, without limitation: (1) maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to a Customer); (2) satisfying governmental reporting, tax, and other requirements (e.g., import/export); (3) storing and processing data, including Personal Data, in computer databases and servers located in the United States; (4) verifying identity (e.g., for online access to accounts); (5) as requested by the Customer; (6) for other business-related purposes permitted or required under applicable local law and regulation; and (7) as otherwise required by law.

Disclosures / Onward Transfers of Personal Data

Except as otherwise provided herein, SmarterTools does not disclose any Personal Data to any third parties. SmarterTools does not, and has not, sold any Personal Data for any Customer who uses SmarterTools products or services. If necessary, SmarterTools discloses Personal Data only to Third Parties who reasonably need to know such data and such recipients must agree to abide by confidentiality obligations. Examples of Third Parties that may receive personal information include analysts or consultants that have been contracted on behalf of your employer (the Customer with which we are contracted) and will only be provided with advance written notice to the Customer. Any Third Parties receiving personal information must have a written confidentiality agreement in place between Customer and Third Party and SmarterTools and Third Party that meets or exceeds the Data Privacy Framework Program standards.

SmarterTools may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, SmarterTools may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree, via contract, to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy. SmarterTools also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure.

SmarterTools may be required to disclose an individual's personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

SmarterTools will provide an individual opt-out or opt-in choice before we share their data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To limit the use and disclosure of your personal data, you may opt out by submitting a written request to

SmarterTools' liability under this agreement will be governed by the contract in place between Customer and SmarterTools.

In cases of onward transfer to third parties of data of EU and UK individuals received pursuant to the DPF and the UK Extension to the EU-US DPF, SmarterTools liable unless we can prove we were not a party to the events giving rise to the damages.

Sensitive Data

SmarterTools does not collect Sensitive Data from its Customers.

Data Integrity and Security

SmarterTools uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. SmarterTools has implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored Personal Data is stored on a secure network with firewall protection, and access to SmarterTools' electronic information systems requires user authentication via password or similar means. SmarterTools also employs access restrictions, limiting the scope of employees who have access to Customer Personal Data. Further, SmarterTools uses secure encryption technology to protect certain categories of personal data.

Despite these precautions, no data security safeguards guarantee 100% security all of the time.


SmarterTools notifies Customers about its adherence to the Data Privacy Framework principles through its publicly posted website privacy policy, available at

Accessing Personal Data

SmarterTools personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.

Right to Access, Change or Delete Personal Data

Right to Access. As a user of the SmarterTools product(s) and/or service(s), you have the right to access your data at any time. Data subjects have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which SmarterTools collected the Personal Data. Data Subjects may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law. Upon reasonable request and as required by the DPF principles, SmarterTools allows Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Upon permanent closure of Customer accounts, personal information remains accessible and editable. SmarterTools will, upon Customer request, edit or delete any personal information or the Customer may do so as needed.

Customers may edit their Personal Data by logging into their account profile or by contacting SmarterTools by phone or email. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Customers should submit a written request to SmarterTools. Persons that have submitted their Personal Data to a SmarterTools Customer should contact the Customer in the first instance to update their data.

Requests for Personal Data. SmarterTools will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If SmarterTools receives a request for access to his/her Personal Data from a Customer's customer, then, unless otherwise required under law or by contract with such Customer, SmarterTools will refer such Data Subject to Customer.

Satisfying Requests for Access, Modifications, and Corrections. SmarterTools will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query to

Limiting Use of Personal Data. You may request limitations on the use of your personal data specified in this agreement by contacting us at

Changes to This Policy

This Policy may be amended from time to time, consistent with the Data Privacy Framework Principles and applicable data protection and privacy laws and principles. We will make employees available of changes to this policy either by posting to our intranet, through email, or other means. We will notify Customers if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.

Questions or Complaints

Customers may contact SmarterTools with questions or complaints concerning this Policy at the following address

Enforcement and Dispute Resolution

In compliance with the Principles of the EU-US Data Privacy Framework and the UK Extension to the EU-US DPF, SmarterTools commits to resolve complaints about our collection or use of your personal information. Individuals in the European Union and the United Kingdom with inquiries or complaints regarding our Data Privacy Framework policy should first contact

SmarterTools has further committed to refer unresolved privacy complaints under the Data Privacy Framework Principles to an independent dispute resolution mechanism, the BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit for more information and to file a complaint. This service is provided free of charge to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See As part of this agreement, SmarterTools subjects itself to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

As part of this agreement, SmarterTools subjects itself to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

PDF v1.0 - October 1, 2023