Last Updated: September 20, 2018
PLEASE NOTE THAT THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS AGREEMENT.
We collect information from and about you.
The information we learn from customers helps us personalize and continually improve your SmartAssist, Inc. experience. Here are the types of information we gather.
Information You Submit to SmartAssist, Inc. We receive and store any information you enter on our Web site or give us in any other way. Types of information that you may submit, and we may collect include:
Contact Information. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our website, and communicating with you. For example, we collect your name and email address if you register on our site. We might collect your phone number or zip code. We might also collect your mailing address.
Payment Information. For example, we may collect your credit card number if you make a purchase from SmartAssist, Inc. This information is deleted after a purchase is made.
Information You Submit or Post. We collect the information you post in a public space on our site. We also collect information when you contact us.
Demographic Information. We may collect information like your gender and age. We may also collect your zip code. We might collect this when you contact us or enter a promotion, sweepstakes or contest, or when you make a purchase from SmartAssist, Inc.
Automatically Collected Information. We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies,” and we obtain certain types of information when your Web browser accesses http://www.smartassist.io or advertisements. We may collect information about the browser you are using. We might look at what site you came from, or what site you visit when you leave us. We may also look at clickstream data. We may combine this information with other information we collect from you. This includes anything we collect from third parties. If you use our mobile website, we may collect your GPS location and your unique device identifier.
Device Identifiable Information. We may collect information that does not identify you personally, but is linked to your computer or device (“Device Identifiable Information”). We collect Device Identifiable Information from you in the normal course of operating our Website. When you visit our Website to browse, read or download information, we automatically collect information about your computer that your browser sends, such as your IP address, browser type and language, access times, pages visited, and referring website addresses. We may use Device Identifiable Information we collect to analyze trends, help administer the Web Site, track the movement of visitors, to learn about and determine how much time visitors spend on each page of the Web Site, how visitors navigate throughout the Web Site or the Service and to gather broad demographic information for aggregate use.
We may also collect Device Identifiable Information through “cookies” or “web beacons” as explained below.
We may also collect information about your mobile device such as the type and model, operating system (e.g. iOS or Android), carrier name, mobile browser (e.g. Chrome, Safari), applications using our Website, and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID (AAID), or unique device identifier (a number uniquely given to your device by your device manufacturer), sometimes referred to as a mobile carrier ID.
We may also collect your location information, such as your zip code or the approximate geographic area provided by your Internet service provider (ISP) or location positioning information provided by the location services and GPS features of your mobile device when location services have been enabled.
We collect information in different ways.
We collect information directly from you. For example, if you sign up for our emails or when you use our website, we collect information. We also collect information if you contact us. We collect information about you through our websites and retail points of contact.
We collect information from you passively. On our platforms, which include our sites, we collect information passively. We might also collect information passively in our emails or through our apps. We may also collect information passively in connection with third parties. For example, to get purchase information from Partners, we may gather information passively on their platforms. Tools we use include browser cookies and web beacons.
What are “cookies”, “pixels”, “widgets” and “analytics”?
Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features, such as personalized advertisements on other Web sites, and storage of items in your Shopping Cart between visits.
“Pixels”/“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit www.google.com/policies/ privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to tools.google.com/dlpage/gaoptout.
Our uses of such Technologies fall into the following general categories:
Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. If you would like to opt-out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.
We get information about you from third parties. For example, social media platforms may also give us information about you. This might include getting information from social media plugins. Affiliates or other business partners may also give us information. This might include information they gathered passively.
Notwithstanding any other provision, we may also engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. These cookies contain no personally identifiable information. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, which we may share with a data provider solely in hashed, non-human readable form. To opt-out of these data provider cookies, please go to http://www.aboutads.info/choices.
We use information as disclosed and described here.
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We are the sole owners of the information collected on our website and will not sell or rent this information to anyone. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to register you for an event, or as required by law.
We use information to respond to your requests or questions. For example, we might use your information to respond to your customer feedback.
We use information to improve our products and services. We may use your information to make our Sites better. We might use your information to customize your experience with us or understand your preferences. We may combine information we get from you with information about you we get from third parties.
We Engage in Interest-Based Advertising.
http://www.smartassist.io and our partners display interest-based advertising using information gathered about you over time across multiple websites or other platforms. This might include apps.
Interest-based advertising includes ads served to you after you leave our website, encouraging you to return. They also include ads we think are relevant based on your shopping habits or online activities. For example, providing you with promotional materials we think you would like based on your shopping activity. These ads might be served on websites or on apps. They might also be served in emails. We might serve these ads, or third parties may serve ads. They might be about our products or other companies’ products.
To decide what is relevant to you, we use information you make available to us when you interact with us, our Partners, and other third parties. For example, we or our Partners might look at your purchases or browsing behaviors. We might look at these activities on our platforms or the platforms of others.
We work with third parties who might help gather this information. These third parties might link your name or email address to other information they collect. That might include past purchases made offline or online, or, it might include online usage information.
The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. If you want to opt out, visit http://www.aboutads.info/choices/. Your opt-out is both browser and device specific.
We Use Various Tracking Technologies.
We–or third parties we work with–use several common data collection technologies including cookies, pixel tags, and similar technologies. We collect personal information about users over time and across different Web sites when you use this Web site or service. We also have third parties that collect personal information this way. We do this for many reasons, including the following:
- To engage in interest-based advertising as discussed above.
- To understand the activities and behaviors of customers and platform users.
- To recognize new visitors to our websites.
- To recognize past customers.
- To present more personalized content and offers, to improve your website experience, optimize your shopping experience, and provide site and service enhancements. For example, to avoid repeatedly showing you the same advertisements.
- To serve customized advertising (whether on our website or others you visit).
- So we can better understand our audience, our customers, our website visitors, and their respective interests. For example, to understand what ads are of interest to consumers.
We work with third parties who provide us with certain web search services.
We use information for security purposes. We may use information to protect our company, our customers, and our websites.
We use information for marketing purposes. For example, when you contact us we might send you information about special offers. We might tell you about new products or services. These might be third party offers or products we think you might find interesting. If you contact us, we will enroll you to receive our emails. We may send this information by email or through push notifications in apps or notifications by regular mail. We also use information to customize offers you receive. This includes using your shopping history on Partners or other third-party platforms.
We utilize Third-Party service providers, and use your information to perform those functions. We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
We use information to communicate with you about your account or our relationship. We may contact you about your account or feedback, specials, new products or services. We might also contact you about this Policy or our website Terms.
We use information as otherwise permitted by law.
We may share information for other reasons we may describe to you.
You have certain choices about sharing and marketing practices.
You can choose not to provide us with information. You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such http://www.smartassist.io features as Your Account and Customer Reviews.
You can opt out of receiving our marketing emails. To stop receiving our promotional emails, you may opt-out by selecting the “Unsubscribe” link in any promotional email or emailing us at email@example.com.
Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions. If you receive promotional emails from a third party, you will need to separately opt-out with them.
You may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by emailing us at firstname.lastname@example.org. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.
You can control cookies and tracking tools. Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on certain websites from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.
If you block cookies on your browser, certain features on our sites may not work. If you block or delete cookies, not all of the tracking activities we have described here will stop. Choices you make are both browser and device-specific.
You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone. You can also control these settings in our apps.
Your California privacy rights.
If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us a request at email@example.com or write to us at the address listed below. Indicate in your email or letter that you are a California resident making a “Shine the Light” inquiry.
Our Sites and children.
Our sites are meant for people at least 18 years old. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at firstname.lastname@example.org. You can also write to us at the address listed at the end of this policy. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children’s privacy on-line here: http://www.business.ftc.gov/privacy-and-security/childrens-privacy
We store information in the United States.
Information we maintain is stored within the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country.
We use standard security measures.
We use reasonable measures to protect the information you share with us. This includes physical measures. It also includes technical and administrative measures. We use firewall encryption where appropriate. We may also use Secure Socket Layer encryption. Please remember that no data security measures are 100% secure all of the time.
We keep personal information as long as it is necessary or relevant for the practices described in this Policy. We also keep information as otherwise required by law.
Our Site and Do Not Track Signals
Some browsers transmit Do Not Track (DNT) signals to websites. Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers. We will continue to monitor industry activity in this area and reassess our DNT practices as necessary.
You can update your information.
To update your information, email us at email@example.com. It may take us up to 10 business days to process account changes.
We may link to other sites or have third party services on our site we do not control.
Feel free to contact us if you have more questions.
Headquarters and Mailing Address
88 Inverness Circle East N 106
Englewood, CO 80112
Claims shall be heard by a single arbitrator. The place of arbitration shall be Denver, Colorado. The arbitration shall be governed by the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules of the State of Colorado or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty (20) days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
Rights for Residents of the European Union and Switzerland
Controller of Personal Information
To the extent that SmartAssist, Inc. is subject to the laws of the European Union and Switzerland when processing personal data (“Personal Data”), it shall be the “data controller” under such laws.
Legal Basis for Data Processing
In some instances, you may be required to provide us with Personal Data for processing as described above, in order for us to be able to provide you all of our Services, and for you to use all the features of our website.
International Transfers of Personal Data
The nature of SmartAssist, Inc.’s business means that the Personal Data collected through our Services will be transferred to the United States. Also, the SmartAssist, Inc. personnel and some of the third-parties to whom we disclose Personal Data (as set out above) are located in the United States. We take appropriate steps to ensure that recipients of your Personal Data are bound to duties of confidentiality and we implement measures such as standard data protection contractual clauses to ensure that any transferred Personal Data, remains protected and secure.
If you are aware of changes or inaccuracies in your information, you should inform us of such changes so that our records may be updated or corrected. You may contact our Data Protection Officer, at firstname.lastname@example.org. You may lodge a complaint with a supervisory authority if you consider that our processing of your Personal Data infringes applicable law. A list of EU data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.