Privacy Policy

Introduction

SmarterTools is committed to safeguarding the privacy of our website visitors, license holders, customers and service users. This policy applies where we are acting as a data controller with respect to the personal data of our website visitors, license holders, customers and service users; in other words, where we determine the purposes and means of the processing of the personal data we collect. Regarding data processing, we offer a Data Processing Agreement.

SmarterTools does not sell or otherwise provide any customer information we collect, or any information we process, to any third parties, for any reason.

By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy. Our website incorporates privacy controls which affect how we will process the personal data we collect about you when you purchase a product or service from us. This includes your ability to alter, modify, change, delete or otherwise control such information as well as your abitlity to limit and/or specify the types of communication you receive from us. You can access your information at https://www.smartertools.com/account/. In this policy, "we", "us" and "our" all refer to SmarterTools Inc.

Collected Data and Use

We may collect and process information about a visitor's' interaction with SmarterTools sites and services ("usage data"). For example, we may use website analytics tools -- our own and/or those provided by third-parties -- to retrieve, process and display certain information such as an anonymized version of an IP address, referrer information, the search engine(s) and the keywords used to find our site, the pages viewed within our site, browser add-ons and browser width and height, etc. We may also use cookies to collect information about the pages viewed, the links clicked and other actions taken on our site. That said, we have taken measures to anonymize, as much as possible, any visitor information so that a direct correlation between a visit and an actual person is no longer possible. The source of this data is the website analytics tools used by us. The usage data may be processed for the purposes of anlayzing the use of our website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

We may process your profile data ("profile data"). The profile data may include your name, display name or pseudonym and email address. The source of the profile data is you and it may be processed for the purposes of operating our website and support services, providing our services and communicating with you. The legal basis for thie processing is our legitimate interests, namely interaction with you via our support portal located at https://portal.smartertools.com.

We may process information relating to transactions, including purchases of goods and/or services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your credit card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and/or services and keeping proper records of those transactions. The legal basis for this processing is the performance of a transaction between you and us and/or taking steps, at your request, to enter into such a transaction and our legitimate interests, namely our interest in the proper administration of our business.

We may process your testimonial data ("testimonial data"). The testimonial data may include your name, your business name and email address. The source of the testimonial data is you and it may be processed for the purposes of providing your testimonial about us, our products and/or services and displaying said testimonial on our website or in other marketing material. The legal basis for this processing is our legitimate interests, namely the marketing of our website, business, products and services.

We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. The correspondence data may be processed for the purposes of communication with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

We may process information that you provide to us for the purpose of subscribing to our email notifications ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications. The legal basis for this process is your consent to receive such notifications.

We may process product usage data ("product usage data"). The product usage data may include the IP address and server name where the product that has been purchased from us, or from a reseller or partner of us, is installed. Personal data or information from or about a natural person is neither collected nor processed with regards to Product Usage data. This data may be processed for the purposes of protecting our intellectual property and product licensing and to ensure usage conforms to our End User License Agreement (EULA). The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights.

We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

In addition to the specific purposes for which we may process your personal data set out in this section, we may also process any of your personal data where such processing is necessary for compliance with legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.

You should not supply any other person's personal data to us, unless we prompt you to do so. In addition, we do not send email to non-customers or otherwise use personal information provided to us except in cases where that information is provided as a point-of-contact when a product or service is ordered, trial licenses are issued, technical support is required or other information is requested. In such cases, the above referenced data types are equally enforced and applicable.

Disclosure of Collected Data

Except as described in this statement, SmarterTools will not disclose personally identifying information about our customers to third parties without the express consent of our customers. We do not share information regarding license verification or validation services to registered partners of SmarterTools or to any other third parties.

The same holds true regarding information shared with any SmarterTools vendors. We do offer licensed products and/or services as optional add-ons for our products, and as part of our association with these vendors we have to pay licensing and/or Intellecutal Property royalties to them for use of their products and/or services. However, in reporting to these companies we do not share any personal information about who has purchased or otherwise uses these products and/or services.

From time to time, SmarterTools may contact customers to gauge satisfaction with our products and/or services or to gather statements about SmarterTools or our products and services for marketing and promotional purposes. (E.g., white papers, case studies, testimonials.) This information will be shared on the SmarterTools website and, potentially, on other public-facing websites. Such statements will not be used without the customer's express consent. In addition, SmarterTools itself will contact, collect and process this information -- we do not use any third-parties for this type of contact.

Financial transactions relating to our website and/or services are handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and inquieries relating to such payments and refunds.

In addition to the specific disclosures above, we may disclose your personal data where such disclosure is necessary for compliance with a legal obilgation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

Security of Personal Data

As stated, SmarterTools is committed to protecting the security of your personal information. We employ industry-standard security measures to protect the loss, misuse, and alteration of the information we collect. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the internet we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. In addition, your access to such information is similarly protected. While on a secure page, site visitors will notice a security icon in the visitor's browser, the location of which is dependent upon the browser used.

International Transfers of Your Personal Data

SmarterTools Inc is based in the United States and the datacenter used by SmarterTools for its website and services is also located in the United States. We do not have offices or subsidiaries in any other country nor do we contract with any companies that require the transfer of any collected information provided by you to any companies outside of the United States. The only international transfer of personal data is between you and SmarterTools. You do acknowledge, however, that testimonial data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misues) of such personal data by others.

Use of Cookies

"Cookies" are files that contain an identifier -- generally a string of letters and numbers -- that are sent by a web server to a web browser, and then stored by that web browser. Every time the web browser requests a page from that web server, that identifier is sent to the web server to perform some function. "Persistent" cookies are stored for a set period of time based on the cookie's expiration date (or if the cookie is deleted by the user) whereas "Session" cookies expire at the end of a user's session, which is generally until the web browser is closed. We use both first-party session and persistent cookies to assist visitors to our website perform legitimate interest tasks. This includes actions such as purchasing products or services from us, getting assistance from us via our help desk, etc. Typically cookies do not conatin any information that is personally identifiable. In cases where such information may be present, we have done everything possible to keep such information obfuscated, such as the use of anonymization. However, information that we process about you may be linked to the informaiton stored in and obtained from cookies.

We use cookies for the following purposes:

  • Authentication and Status - we use cookies to identify you when you visit our website and as you navigate our website. This cookie is helpful when you log in to your Account and lets us know when you ARE logged in to your Account.
  • Shopping Cart - we use cookies to maintain the state of your shopping card as you navigate our website. This keeps items in your cart throughout the checkout process and helps you modify your cart contents as needed.
  • Help Desk and Support - we use cookies to maintain your login account information to assist you in submitting support requests to us.
  • Analytics - we use cookies to help us analyze the use and performance of our website and services. This includes anaylsis by third parties, including Google Analtyics which uses information to create reports about the use of our website and helps us understand our website structure, page use, etc. We take great pains to ensure that no personally identifiable information about your use of our website and services is sent to Google, such as anonymizing the IP addresses of visitors, and we do no advertising via Google or other such sites in order to limit the amount and type of inforamtion sent. Google's privacy policy is available at: https://policies.google.com/privacy. And information about how Google uses information collected by partner sites (e.g., those using Google Analytics) can be found here: https://policies.google.com/technologies/partner-sites.

Most modern browsers allow you to refuse to accept cookies and to delete cookies at any time. Please review the help documentation for your browser of choice for instructions on how to manage, block or delete cookies in that browser.

Apart from any instance(s) noted above, SmarterTools does not share any cookie data with any third-party nor do we offer any advertising on our website requiring the use of third party products and/or services.

Retaining and Deleting Personal Data

Personal data that we process for any purpose or purposes shall not be kept for longer than necessary for that purpose or those purposes.

However, in many cases it is not possible for us to specify in advance the periods for which your personal data will be retained. We may retain your personal data where such retention is necessary for compliance with legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

Voluntary Use of Third Party Services

SmarterTools may allow users of our products to utilize third-party services as a means to extend the functionality of our products. For example, linking to files within cloud storage services. In such cases, users will log in to those third-party products using their own accounts. In such cases, SmarterTools does not store or otherwise track the information used, or the information accessed, via those third-party services. Access to information in such cases is "read-only", meaning no manipulation of any information is possible. In addition, use of third-party services is purely voluntary and not using such services will in no way limit the ability for users to interact with or otherwise use SmarterTools products.

Your Rights

In this section we have summarized the rights that you have under data protection law. Some of the rights are complex and not all of the details are included in this summary. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

Your principal rights under data protection law are:

  • the right to access;
  • the right to rectification;
  • the right to erasure;
  • the right to restrict processing;
  • the right to object to processing;
  • the right to data portability;
  • the right to complaint to a supervisory authority; and
  • the right to withdraw consent.

Contact

Should you wish to contact us relating to any of the above, or to exercise your rights regarding our collection and/or processing of personal data, you may email us at legal@smartertools.com or, by postal mail, to:

SmarterTools Inc
ATTN: Legal
1903 W. Parkside Ln.
Suite 106
Phoenix, Arizona, 85027
USA

Changes to Our Privacy Policy

SmarterTools' privacy policy may change from time to time. When we post changes to this privacy policy, we will revise the "last updated" date on this page.

Last updated August 13, 2021