Privacy Policy

Effective Date: May 25, 2018

Last Updated: May 24, 2018

SmartrMail Pty Ltd ("us", "we", or "our") operates SmartrMail (the "Site"). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. We knows that you are concerned about how your personal information is used and shared, and we take your privacy seriously. We are committed to giving you transparency of our privacy practices and control over your data. Please read the following to learn more about our privacy policy.

By visiting or using the SmartrMail's website (http://SmartrMail) (the Site), services and applications, and any other linked pages, features, or content offered from time to time by us in connection therewith (collectively, the "Service"), you, the user (“you” or “User”) acknowledge that you accept the practices and policies outlined in this Privacy Policy.

SmartrMail is an email sending application for newsletters and email marketing.

Please take the time to familiarize yourself with the Privacy Policy as well as the Terms of Use http://SmartrMail/terms.

What Does This Privacy Policy Cover?

This Privacy Policy covers SmartrMail’s treatment of personally identifiable information (“Personal Information”) and other data (non-personally identifiable information) that SmartrMail gathers when you are accessing SmartrMail’s Service.

What Doesn't This Privacy Policy Cover?

This policy does not apply to the practices of companies that SmartrMail does not own or control, or to individuals that SmartrMail does not employ or manage. In addition, should the Service contain links to outside sources, both those added by SmartrMail and those submitted by registrants, and while we attempt to provide links only to those sites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those sites. We encourage you to carefully review the privacy policies of any websites you visit and the third party applications you use. This Privacy Policy only governs information collected through the Service.

What Information Does SmartrMail Collect?

Listed below are services where SmartrMail gathers personal information and details on how the information is used.

Personally Identifiable Information and Sharing of Your Personal Information

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.

Site Registration

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:

  • information and changes regarding our products
  • new content on our blog
  • notifications regarding your account

User Account

To complete your User Account, SmartrMail may ask for:

  • Personal and business contact information (such as a logo/picture upload, name and email, website address, phone number, physical address (mandatory), country timezone)
  • Payment Information (such as credit card)
  • We do not collect employee or HR related data in the EU or Switzerland, or transfer such information either into or out of the EU or Switzerland.

On Behalf of Our Users

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:

  • consumer contact details and demographic data,
  • purchase histories
  • consumer interactions with marketing communications

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.

Automated Data Collection

SmartrMail may automatically collect information on behalf of our users. These may include:

  • dates and times of visits to our users’ websites
  • the pages visited on our users' websites
  • information about how how our users' websites are used (such as the content viewed, data and time of viewing, and how long it was viewed for)
  • information regarding how individual consumers interact with our users' emails (such as whether emails are opened or clicked and what device they are viewed on)

Mode and place of processing the Data

Methods of processing

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.

Legal basis of processing

SmartrMail may process Personal Data relating to Users if one of the following applies:

  • Users have given their consent for one or more specific purposes. Note: Under some legislations SmartrMail may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
  • provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
  • processing is necessary for compliance with a legal obligation to which SmartrMail is subject;
  • processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in SmartrMail;
  • processing is necessary for the purposes of the legitimate interests pursued by SmartrMail or by a third party.

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.

Place

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.

Retention time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

  • Personal Data collected for purposes related to the performance of a contract between SmartrMail and the User shall be retained until such contract has been fully performed.
  • Personal Data collected for the purposes of SmartrMail’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by SmartrMail within the relevant sections of this document or by contacting SmartrMail.

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 purposes of processing

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.

Our Product and Services

SmartrMail may use personal information to fully provide our email marketing product for our Users

Customer Service

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.

Subscriber Lists

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.

Email Newsletters

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.

Purpose of processing information on behalf of our Users

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:

  • Send emails for our Users
  • Personalize emails for our Users
  • Target specific customers or customer types for our Users' email campaigns
  • Analyze and optimize our Users' emails (such as analyzing what emails have been opened and clicked, and what products have been purchased)

Third Party or Other Sites

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.

Non-Personally Identifiable Information Collected Automatically:

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.

If any third party operated services are listed among the tools below, these may be used to track Users’ browsing habits – in addition to the information specified herein and without SmartrMail’s knowledge. Please refer to the privacy policy of the listed services for detailed information.

  • Disqus - Disqus is a content commenting service provided by Big Heads Labs Inc. Personal Data collected: Cookies, Usage Data and various types of Data as specified in the privacy policy of the service. Place of processing: United States – Privacy PolicyOpt out.
  • AdRoll (Semantic Sugar, Inc.) - AdRoll is an advertising service provided by Semantic Sugar, Inc. Personal Data collected: Cookies and Usage Data. Place of processing: United States – Privacy Policy Opt Out.
  • AdWords Remarketing (Google Inc.) - AdWords Remarketing is a remarketing and behavioral targeting service provided by Google Inc. that connects the activity of smartrmail.com with the Adwords advertising network and the Doubleclick Cookie. Personal Data collected: Cookies and Usage Data. Place of processing: United States – Privacy Policy Opt Out.
  • Facebook Custom Audience and Remarketing (Facebook, Inc.) - Facebook Custom Audience and Remarketing is a remarketing and behavioral targeting service provided by Facebook, Inc. that connects the activity of smartrmail.com with the Facebook advertising network. Personal Data collected: Cookies and email address. Place of processing: United States – Privacy Policy Opt Out. Privacy Shield participant.
  • Google Tag Manager (Google LLC) - Google Tag Manager is a tag management service provided by Google LLC. Personal Data collected: Cookies and Usage Data. Place of processing: United States – Privacy Policy. Privacy Shield participant.
  • Intercom (Intercom Inc.) - Intercom is a User database management service provided by Intercom Inc. Intercom can also be used as a medium for communications, either through email, or through messages within smartrmail.com. Personal Data collected: Cookies, email address, Usage Data and various types of Data as specified in the privacy policy of the service. Place of processing: United States – Privacy Policy.

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.

Children

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.

Business Transfers

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.

Legal Obligation to Provide Information

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.

With Your Consent

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.

Non-Private or Non-Personal 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.

Is Personal Information About me Secure?

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.

The Site may contain links to other sites. SmartrMail is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Site.

The rights of Users

Users may exercise certain rights regarding their Data processed by SmartrMail.

In particular, Users have the right to do the following:

  • Withdraw their consent at any time.
  • Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.

  • Object to processing of their 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.

  • Access their Data.
  • 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.

  • Verify and seek rectification.
  • Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.

  • Restrict the processing of their Data.
  • 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.

  • Have their Personal Data deleted or otherwise removed.
  • Users have the right, under certain circumstances, to obtain the erasure of their Data from SmartrMail.

  • Receive their Data and have it transferred to another controller.
  • 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.

  • Lodge a complaint.
  • Users have the right to bring a claim before their competent data protection authority.

Details about the right to object to processing

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?

  • If you do not wish to receive email or other mail from SmartrMail or SmartrMail Users, please indicate by unsubscribing on the emails received, by indicating so on the Contact Us Form, or by contacting the SmartrMail User. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the SmartrMail Service, and you are responsible for reviewing such legal notices for changes.
  • You may modify your account information.
  • You have the right to universally remove your data across SmartrMail and all it's senders. To do so please contact support@SmartrMail and our team will process the request within 72 hours.

How to exercise these rights

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.

What personal information can I access?

You can access and edit your personal information at any time through your User Account.

Deleting your Personal Information

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.

Additional information about Data collection and processing

Legal action

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.

Additional information about User's Personal Data

In addition to the information contained in this privacy policy, SmartrMail may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

System logs and maintenance

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.

Information not contained in this policy

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.

How "Do Not Track" requests are handled

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.

Changes to this Privacy Policy

SmartrMail may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes in the way we use Personal Information, we will notify you by posting an announcement on our Service and sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses the Service after such changes have been first noticed. If you have unsubscribed from all email communications from SmartrMail, we will not email you changes to the Privacy Policy. You will still, however, be subject to the Privacy Policy changes.

Questions or Concerns

If you have any questions or concerns regarding privacy using the Service, please send a detailed message to support@SmartrMail. We will make every effort to resolve your concerns.