SmartEreply Privacy Policy

Last updated on June 14, 2024 / Effective from February 28, 2023

At SmartEreply (the “Company”, “we”, or “us”), we are committed to safeguarding the privacy of our customers. This Privacy Policy outlines how your Personal Information or Usage Information will be collected, used, shared, stored, protected, or disclosed by our services. This Privacy Policy applies to the mobile application or website developed by us in relation to the services provided to you by the Company from time to time (“Services”). By using our Services, you agree to be bound by the terms of this Privacy Policy. If you do not accept the terms of the Privacy Policy, please discontinue using our application immediately. We strongly recommend that you read the policy carefully before proceeding with any transaction on our application.

Information We Collect

Collecting and Using Your Personal Data

When you visit or use our Services, we collect information about your computer or mobile device. Some of the information we collect includes:

Technical Information: We collect the IP address of the computer you use to access our services, the mobile device ID (a unique identifier assigned by the manufacturer), and technical details about your computer or mobile device (such as device type, web browser, and operating system). This data helps us enhance the performance of our software on your devices and troubleshoot any issues that may arise.

Content Characteristics: When you use our services, we collect information from the inputs, file uploads, and feedback ("Content") you provide. This data is essential for the effective functioning of the "History" feature.

Cookies: If you are accessing our mobile application through computers, we place “Cookies” on your computer to identify it. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. If you click on a link to a third-party website, such third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties.

Personal Data: While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Usage and content generation data

How We Use Your Information

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service: Including to monitor the usage of our Service.
• To manage Your Account: To manage your registration as a user of the Service. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user.
• For the performance of a contract: The development, compliance, and undertaking of the purchase contract for the products, items, or services you have purchased or any other contract with us through the Service.
• To contact You: To contact you by email or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers, and general information: About other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
• To manage Your requests: To attend and manage your requests to us.
• To deliver targeted advertising to You: We may use your information to develop and display content and advertising (and work with third-party vendors who do so) tailored to your interests and/or location and to measure its effectiveness.
• For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Service, products, services, marketing, and your experience.

With Whom We Share Your Information

We neither rent nor sell your Information in personally identifiable form to anyone to monetize through ads or leads. However, we do share your Personal Information with third parties as described below:

• Third-party vendors: We employ third-party vendors to provide Services on our behalf for varied purposes like business analytics, customer service, marketing, distribution, payment processing, live chat, etc. We may authorize such vendors to collect information on our behalf to operate features of our application or to deliver services tailored to your needs. We assure that such information used by third-party vendors is only to perform their functions and they are not permitted to share or use that information for any other purpose.
• Companies within our corporate family: We may be required to provide information about you to our parent or subsidiary company or corporate affiliates. To the extent our parent company or subsidiaries or corporate affiliates have information about you, they will follow the best practices as described in this Privacy Policy when using it.
• Business Partners: We take the help of our Business Partners in conjunction with whom we offer our Services to you. If you choose to access these optional services provided by our Business Partners, we may share information about you, including your personal information, with those Partners. Please note that we do not control the privacy practices of these third-party Business Partners.
• User Profiles and Submissions: Certain user profile information, including without limitation a user’s name, location, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for Company’s services. Any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available and can be collected and used by others. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services, and other users can contact you through messages and comments. Again, we do not control the policies and practices of any other third-party site or service which may interact with our Services.
• Affiliated Websites: If you were referred to us from another website, we may have to share information pertaining to registration information including but not limited to name, email address, phone numbers, etc. In such instances, we encourage you to read and review their Privacy Policy of the website that referred you to us. We will not be responsible for the handling of such information by them.
• Business Transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.
• Government Bodies: We may disclose your Personal Information and Usage Information as and when required in response to a subpoena, court order, government demand, or to comply with any legal requirements for protecting our interest. We will contact you by email when we have to adhere to such legal requests. All communications sent by us at such email addresses shall be deemed to have been communicated to you.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

How Do We Protect Your Information

We want you to have full faith in having your information safe and secure with us. We follow generally accepted standards to protect the Personal Information and Usage Information submitted to us. While no Services can guarantee full-proof security, we have appropriate administrative, technical, and security procedures to keep your information intact, secure, and confidential. Your information is handled only for the purposes required by authorized employees or agents or third-party vendors, and the like, and we employ appropriate firewalls, encryption technologies, and intrusion detection systems to keep your information secure and safe from any unauthorized use.

What Happens When You Use Our Services from Outside Your Region?

If you are accessing our application from outside the United States, please be mindful that such information may be transferred, stored, or processed in the United States where our servers or central databases are located. Even though you access it from a foreign land, we ensure we will follow the best practices in keeping your information protected. By using our Services, you understand that we are governed by the United States Privacy and Data Protection Laws which are very different from the laws of your country.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy, and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials, and other information that may be of interest to You. You may opt out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

Payments

We may use third-party services for payment processing (e.g., payment processors) such as FastSpring.

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

• Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
• Vital interests: Processing Personal Data is necessary to protect Your vital interests or those of another natural person.
• Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

• Request access to Your Personal Data: The right to access, update, or delete the information We have on You. Whenever made possible, you can access, update, or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
• Request correction of the Personal Data that We hold about You: You have the right to have any incomplete or inaccurate information We hold about You corrected.
• Object to processing of Your Personal Data: This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
• Request erasure of Your Personal Data: You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
• Request the transfer of Your Personal Data: We will provide to You, or to a third party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
• Withdraw Your consent: You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

CCPA Privacy

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.

Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from You: For example, from the forms You complete on our Service, preferences You express or provide through our Service, or from Your purchases on our Service.
• Indirectly from You: For example, from observing Your activity on our Service.
• Automatically from You: For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
• From Service Providers: For example, third-party vendors to monitor and analyze the use of our Service, third-party vendors to provide advertising on our Service, third-party vendors to deliver targeted advertising to You, third-party vendors for payment processing, or other third-party vendors that We use to provide the Service to You.

Use of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose personal information We collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:

• To operate our Service and provide You with our Service.
• To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
• To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry. If You provide Your personal information to purchase a product or service, We will use that information to process Your payment and facilitate delivery.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
• For internal administrative and auditing purposes.
• To detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the "Use of Your Personal Data" section. If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes, We will update this Privacy Policy.

Personal Information of Minors

If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.

Your Rights under the CCPA

The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

• The right to notice: You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
• The right to request: Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes, and share of personal information.
• The right to say no to the sale of Personal Data (opt-out): You have the right to direct Us to not sell Your personal information. To submit an opt-out request, please contact Us.
• The right to delete Personal Data: You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies.
• The right not to be discriminated against: You have the right not to be discriminated against for exercising any of Your consumer's rights, including by:
• Denying goods or services to You.
• Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties.
• Providing a different level or quality of goods or services to You.
• Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:

• By email: [email protected]

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Changes to This Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: [email protected]
• By visiting this page on our website: https://smartereply.com