Effective Date: January 1, 2019
This document is for your information only. The “Company”, “Smarter Firms”, “us”, “we” or “our” refers to Smarter Firms Inc., the owner of Smarter Firms, a limited liability company registered in the State of Oklahoma, USA.
Please review the following carefully so that you understand our privacy practices.
“Consent” of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
By “Content” we mean the audio and visual information, documents, software, products and services contained or made available to you by the Company in the course of using Smarter Firms.
By “Company technology” we mean all of company’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Smarter Firms.
“Controller” is given the same meaning as in the GDPR, which we summarize as the party that determines the purposes and means of the processing of personal data – the customer is the controller with respect to consumer personal data. Each party may be the controller of personal data it processes about the other’s personnel.
By “Customer data” we mean any data, information or material provided or submitted by you to Smarter Firms in the course of using Smarter Firms.
“Incident” means: (a) a complaint or a request with respect to the exercise of an individual’s rights under the GDPR; (b) an investigation into or seizure of the personal data by government officials, or a specific indication that such an investigation or seizure is imminent; or (c) any breach of the security and/or confidentiality as set out in this DPA leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the personal data, or any indication of such breach having taken place or being about to take place.
By “Intellectual property rights” we mean unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
By “License term(s)” we mean the period(s) during which you are licensed to use Smarter Firms pursuant to this Agreement and any applicable order form(s).
“Personnel” refers to those individuals who are employed by or are under contract to perform a service on behalf of one of the parties. Personnel may have rights in their personal data (including business contact information) if they reside in the EU. It is important to be clear about how personnel’s rights are protected.
“Data Subjects” refers to those individuals residing in the EU who are consumers or users of Company goods or services (also “consumers”), as well as any personnel who reside in the EU.
“Personal Data” is given the same meaning as in the GDPR which we summarize here as: any data relating directly or indirectly to an identifiable data subject. Personal data does not include any data that is anonymized, aggregated, de-identified and/or compiled on a generic basis and which does not name or identify a specific individual, directly or indirectly.
“Processing” is given the same meaning as in the GDPR, which we summarize as including: collecting, recording, using, storing, amending, adapting, disclosing, transferring or transmitting, structuring, using, combining, deleting or destroying, personal data (“Process” and “Processed” shall have similar meanings).
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
“Pseudonymization” is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
“Restriction of processing” is the marking of stored personal data with the aim of limiting their processing in the future.
“Processor” is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“Recipient” is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
“Third party” is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
By “User” we mean an individual authorized to use Smarter Firms and have been supplied user identifications and passwords (or by Company at your request or the applicable Administrator’s request).
The Information We Collect
You provide us information about yourself, such as your name and email address, when you register. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.
In addition, tracking information is collected as you navigate through our site. To help us serve your needs better, we use “cookies” to store and sometimes track user information. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Cookies can be disabled or controlled by setting a preference within your browser.
Log file information is automatically reported by your browser each time you access a web page. When you register with or view our site, our servers automatically record certain information that your web browser sends whenever you visit any website.
Collection of general data and information
The website of Smarter Firms collects a series of general data and information when a data subject or automated system calls up the website or web application. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time (so-called timestamp) of access to the Internet site, (6) an Internet protocol address (IP address), and (7) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, Smarter Firms does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website and webapp correctly, (2) optimize the content of our website (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Smarter Firms analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
The newsletter of Smarter Firms contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such emails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Smarter Firms may see if and when an email was opened by a data subject, and which links in the email were called up (clicked on) by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to continuously adapt the content of future newsletters to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. Smarter Firms automatically regards a withdrawal from the receipt of the newsletter as a revocation.
Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
Rights of the data subject
Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.
Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
Right to be forgotten
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Smarter Firms, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of Smarter Firms or another employee shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of Smarter Firms or another employee will arrange the necessary measures in individual cases.
Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Smarter Firms, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of Smarter Firms or another employee will arrange the restriction of the processing.
Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by Smarter Firms or another employee.
Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
Smarter Firms shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If Smarter Firms processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Smarter Firms to the processing for direct marketing purposes, Smarter Firms will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Smarter Firms for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of Smarter Firms or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Smarter Firms shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact our Data Protection Officer of Smarter Firms or another employee of the controller.
Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact our Data Protection Officer of Smarter Firms or another employee of the controller.
The Way We Use Your Information
We use the personal information you submit to operate, maintain, and provide to you the features and functionality of Smarter Firms. Any personal information or content that you voluntarily disclose by posting to Smarter Firms becomes available to the other users in your network. If you remove user content, copies may remain viewable in cached and archived pages, or if other users have copied or stored your user content.
By providing Smarter Firms with your email address and ticking the opt-in checkbox on the signup form or in your Profile Settings in our Web Application, you consent to our using the email address to send you Smarter Firms related notices, including any notices required by law. You may use settings at any time to opt-out of Smarter Firms related communications.
We may also use your email address to send you other messages, such as newsletters, changes to features within Smarter Firms, or special offers. If you do not want to receive such email messages, you may opt-out at any time from your Profile Preferences
Registration on our website
The data subject has the possibility to register (sign up for a free/paid account) on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective sign-up form used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for its own purposes. The controller may request transfer to one or more processors that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. A Data Protection Officer particularly designated in this data protection declaration, as well as the entirety of the controller’s employees are available to the data subject in this respect as contact persons.
Our Commitment To Data Security
The personally identifiable information we collect is securely stored within our database, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers – 256 bit) for protecting your information.
We cannot, however, ensure or warrant the security of any information you transmit to Smarter Firms and you do so at your own risk. Once we receive your transmission of information, Smarter Firms makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Our Commitment To Children’s Privacy
Protecting the privacy of young children is especially important. Since our content and services are not directed towards kids, children under 16 are not allowed to register with our website or to participate in public posting areas on our website. If you are under 16, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 16 is allowed to provide any personal information to or on Smarter Firms. If we discover that we have collected personal information from a child under the age of 16 without parental consent, Smarter Firms will delete that information as soon as possible, no later than in 30 days.
User Content and Message Confidentiality
Your user content is kept private in your Network. Smarter Firms does not monitor the user content you post on the site. We do not have administrative tools to view our users’ messages, and access to the database is only granted to our technicians on a case-by-case basis to troubleshoot specific technical issues, or as may be required by law.
Personally Identifiable Information
Smarter Firms will not rent or sell your personally identifiable information to others. Smarter Firms may store personal information on its own servers or databases hosted in a secured environment behind an advanced firewall.
As you use our site, you may interact with our business partners. In order to provide you with additional support, your name and email address may be shared with partners who created report templates or connectors that you’ve used.
As we develop our business, we may buy or sell assets or business offerings. Customer and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.
We may, however, perform statistical analysis of customer usage in order to measure interest in, and use of, the various parts of the Website, and may share that information in the course of our business, but such shared information shall be in aggregated form only (statistics, etc.), and will contain no personally identifiable information whatsoever.
What does Smarter Firms do with the information collected from customers?
In general, we use the information collected to provide you with a great overall experience interacting with us and when using the Smarter Firms website and web application and to help us understand who uses our products, for internal operations such as operating and improving the Smarter Firms website and application and our help desk services, to contact you for customer service and billing purposes and to facilitate the delivery of Smarter Firms advertising in some cases, including using your email to send information to you about our services. In an ongoing effort to better understand and serve the users of the Smarter Firms, the Company often conducts research on customer demographics, interests and behavior based on the Customer data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and the Company may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. The Company may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes. We partner with third parties that collect information across various channels, including offline and online, for purposes of delivering more relevant advertising, better services to you. We may aggregate data to calculate the percentage of users accessing a specific Website feature, to generate statistics about our users, to calculate the percentage of users accessing a specific Website feature, to calculate ad impressions served or clicked on, or to publish visitor demographics. We may share personal information with them if you have submitted such information to us, such as your email address, solely in hashed, or non-human readable form. Our partners may link the personal information we share with them to the cookie stored on your browser or device, and they may collect information such as your IP address, browser or operating system type and version, and demographic or inferred-interest information. Our partners use this information to recognize you across different channels and platforms over time for advertising, analytics, attribution, and reporting purposes.
Outside Contractors and Third-Party Processors
If you have an account with Google, you can revoke Smarter Firms’ access to your information on your Google account via the Google security settings (available at https://security.google.com/settings/security/permissions).
What choices do I have regarding the collection, disclosure and distribution of personal information?
Our Legal Obligation to Disclose Personal Information
We will reveal a user’s personal information without his/her prior permission only when we have reason to believe that the disclosure of this information is required to establish the identity of, to contact or to initiate legal proceedings against a person or persons who are suspected of infringing rights or property belonging to Smarter Firms or to others who could be harmed by the user’s activities or of persons who could (deliberately or otherwise) transgress upon these rights and property. We are permitted to disclose personal information when we have good reason to believe that this is legally required.
Can I update or correct my information?
The rights you have to request updates or corrections to the information Smarter Firms collects depend on your relationship with Smarter Firms. Personnel may update or correct their information as detailed in our internal company employment policies.
You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your information may exist in a non-erasable form that will be difficult or impossible for us to locate. Promptly after receiving your request, all personal information stored in databases we actively use, and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably and technically practicable.
If you are an end user and wish to update, delete, or receive any information we have about you, you may do so by contacting us.
Compromise of Personal Information
You should be aware that if you voluntarily disclose personal information in public areas, on public bulletin boards, or in public classified advertisement areas within the Website, that information might be collected and disseminated by third-parties, and result in, among other things, unsolicited inquiries, messages, and offers from third-parties. Please understand that any information that is disclosed in these areas becomes public information and this third-party conduct is out of the control of Smarter Firms. Please also be aware that if you voluntarily disclose personal information in the Messages, Groups or your Profile page within the Website, all users who are authorized to access such areas will have access to such personal information, and that information might be collected and disseminated by those users, and result in, among other things, unsolicited inquiries, messages, and offers from such users. Smarter Firms urges you to exercise caution when deciding to disclose any personal information on the Website, in either public or private areas of the Website.
You may, of course, decline to submit personally identifiable information through Smarter Firms, in which case Smarter Firms may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account. You can review and correct the information about you that Smarter Firms keeps on file by contacting us.
Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
Links to Other Websites
Smarter Firms may also contain links to other websites. We are not responsible for the privacy practices or the content of such third party websites.
However, we will not make changes that result in significant additional uses or disclosures of your personal information without notifying you of such changes via email at least 14 days before such changes would apply.
Whom do I contact if I have any privacy questions or concerns?
By email: firstname.lastname@example.org
By postal mail or courier:
Attn: Data Protection Officer
3201 S. Berry Rd
Norman, OK 73072