Effective Date: May 25, 2018
Last Updated: March 4, 2019
SmartrMail is an email sending application for newsletters and email marketing.
Listed below are services where SmartrMail gathers personal information and details on how the information is used.
Personal information about our Users and Subscribers is an integral part of our business. We neither rent nor sell your Personal Information to anyone. SmartrMail may share your Personal Information only as described below. Among the types of Personal Data that SmartrMail collects, by itself or through third parties, there are: email address, Cookies and Usage Data.
Information you submit to the Site will be available to SmartrMail.
To register to use the Services, you must provide SmartrMail with your name, email address and password of your choice. (Note: SmartrMail does not have access to your password.) You must provide truthful information to comply with the Site's terms as well as CAN SPAM laws. Upon registration, you will then receive an email to confirm your registration. By signing up to SmartrMail, you consent to receive emails from SmartrMail that include:
To complete your User Account, SmartrMail may ask for:
To use our services, our users or their service providers may provide SmartrMail with information about individual consumers. Our users determine the scope of the information transferred to us and the the information we recieve may vary by client. This information typically includes:
If we recieve information about an individual consumer from a client through a service provider and the service provider provides us with a notification that the data has been requested to be removed, we will comply with the request within 72 hours.
SmartrMail may automatically collect information on behalf of our users. These may include:
SmartrMail takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to SmartrMail, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of SmartrMail (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by SmartrMail. The updated list of these parties may be requested from SmartrMail at any time.
SmartrMail may process Personal Data relating to Users if one of the following applies:
In any case, SmartrMail 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.
The Data is processed at the SmartrMail's operating offices and in any other places where the parties involved in the processing are located.
Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by SmartrMail to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with SmartrMail using the information provided in the contact section.
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
SmartrMail may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, SmartrMail may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
The Data concerning the User is connected to allow SmartrMail to provide its Services, as well as for the following purposes: Contacting the User, Content commenting, User database management, Tag Management and Remarketing and behavioral targeting.
Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.
SmartrMail may use personal information to fully provide our email marketing product for our Users
SmartrMail requests personally identifiable information collected from you to contact SmartrMail. To contact SmartrMail, you must enter your first name, last name, email and any other information that you volunteer to provide through the Contact Us Form or any other forms of electronic or written communication. This information is used for allowing SmartrMail to contact you, improve content of the Site, customize the content you see, and communicating newsletters, specials and new features to you. You can unsubscribe to the newsletter at any time.
The nature of the Service is to provide a newsletter service built off a Subscriber List that you can either enter manually or automatically through various opt-in functions through your website, etc. Your subscriber list must be comprised of email addresses of people who have expressly opted to receive communications from you.
Subscriber lists may not be sold, bought or otherwise be comprised from a third party subscriber list.
Information that you enter in to your Newsletter is at your discretion and must comply with the terms of this Website.
While the Newsletter Templates are customizable, the email footer is standard to ensure that the Newsletters comply with CAN SPAM Laws. Specifically, the 'unsubscribe' link will always be static on the Newsletter and the User will not be able to remove.
We use personal information we collect from or on behalf of our Users to provide products and services to our Users at their direction. We do not use this information for SmartrMail’s own business purposes. We use personal information only as directed or authorized by our Users. Typically, we are directed or authorized to use personal information collected on behalf of our Users to:
Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, SmartrMail’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us.
SmartrMail also utilizes a third party service to process credit cards for payments. Processing is directly through this service and SmartrMail does not have access to nor will receive your credit card information.
We receive and store certain types of information whenever you interact with our Site. When you use the Site, SmartrMail automatically receives and records information on our server logs from your browser or mobile platform including your geo-location, IP address, cookie information, and the page you requested through a third party aggregator, such as Google Analytics.
Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Site and its components. SmartrMail only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to calculate how often users use parts of the Site so that we can make the Site appealing to as many customers as possible, and improve those services. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Site. We share this type of statistical data so that our partners also understand how often people use their services and our Site, so that they, too, may provide you with an optimal online experience. Again, SmartrMail will not, intentionally, disclose aggregate information to a partner in a manner that could identify you personally.
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your mobile and computer's browser (the “Browser”) to enable our systems to recognize your Browser and tell us how and when pages in our site are visited and by how many people. SmartrMail cookies are used for login information and session management.
Some of third party services listed below collect statistics in an anonymized and aggregated form and may not require the consent of the User or may be managed directly by SmartrMail - depending on how they are described - without the help of third parties.
Most Browsers have an option for turning off the cookie feature, which will prevent your Browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways.
PROTECTING THE PRIVACY OF YOUNG CHILDREN IS ESPECIALLY IMPORTANT TO US. OUR SERVICE IS GEARED TOWARDS ADULTS. IN NO EVENT SHOULD THE SITE BE USED BY A CHILD. SmartrMail DOES NOT KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER THE AGE OF 18 NOR DOES SmartrMail SHARE SUCH INFORMATION WITH THIRD PARTIES. IF WE BECOME AWARE THAT WE HAVE COLLECTED PERSONAL INFORMATION FROM A CHILD UNDER AGE 18 WITHOUT VERIFICATION OF PARENTAL CONSENT, SmartrMail WILL TAKE STEPS TO REMOVE THAT INFORMATION.
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if SmartrMail, or substantially all of its assets were acquired, or in the unlikely event that SmartrMail goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of SmartrMail may continue to use your Personal Information as set forth in this policy.
We may release Personal Information when we believe in good faith that release is necessary to comply with that law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of SmartrMail, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and risk reduction.
Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
For clarity, we may share or disclose your non-private, aggregated or otherwise non-personal information, such as the number of visitors to the Site, where they came from, keyword analysis, etc.
Your SmartrMail Personal Information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
SmartrMail endeavors to safeguard user information to ensure that information is kept private. However, SmartrMail cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
Users may exercise certain rights regarding their Data processed by SmartrMail.
In particular, Users have the right to do the following:
Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
Users have the right to learn if Data is being processed by SmartrMail, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, SmartrMail will not process their Data for any purpose other than storing it.
Users have the right, under certain circumstances, to obtain the erasure of their Data from SmartrMail.
Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
Users have the right to bring a claim before their competent data protection authority.
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in SmartrMail or for the purposes of the legitimate interests pursued by SmartrMail, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether SmartrMail is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
What Choices Do I Have?
Any requests to exercise User rights can be directed to SmartrMail through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by SmartrMail as early as possible and always within one month.
You can access and edit your personal information at any time through your User Account.
You may request to have your information deleted by SmartrMail and SmartrMail will do so within a reasonable amount of time. The non personal information aggregated by the analytics will remain as, among other reasons, SmartrMail has no control over that information.
The User's Personal Data may be used for legal purposes by SmartrMail in Court or in the stages leading to possible legal action arising from improper use of SmartrMail or the related Services.
The User declares to be aware that SmartrMail may be required to reveal personal data upon request of public authorities.
For operation and maintenance purposes, SmartrMail and any third-party services may collect files that record interaction with SmartrMail (System logs) use other Personal Data (such as the IP Address) for this purpose.
More details concerning the collection or processing of Personal Data may be requested from SmartrMail at any time. Please see the contact information at the beginning of this document.
SmartrMail does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
If you have any questions or concerns regarding privacy using the Service, please send a detailed message to [email protected] We will make every effort to resolve your concerns.