Privacy Policy.

PRIVACY POLICY – Updated January 1, 2024

We know that Privacy Policies are long, confusing, and hard to read, but we have to have all of the details for legal reasons, and to be sure you are informed.  To try to help, we’ve consolidated the spirit of our privacy policy into the Privacy Statement below … but if you love reading long legal docs, we have plenty of that for you, below.

Privacy Position: We believe that your data belongs to you, and should only be used to make your experiences better: to help you see less of what doesn’t matter to you, and more of what does.  Therefore, we collect, store, and use data – or share it with our partners – thoughtfully, respectfully, and only for the purposes of enhancing your experiences. 

Full Policies

1. INTRODUCTION Our mission is to build, maintain, and expand connected communities by embodying our Core Values.  SmartCommerce applications facilitate connections by finding, supporting, and expanding connections among brands, consumers, and the retailers that serve them.  Our team finds, supports, and expands connections among our employees, our client community, and our retailer and other partners.  To do that, we only use your information where we have a proper legal basis for doing so. We respect your privacy and are committed to protecting your privacy through our compliance with this Privacy Policy and applicable data protection laws.  This Privacy Policy (“Policy”) explains the data collection and use practices of SmartCommerce in connection with: (A) Site Visitors that visit our website at: smartcommerce.com (the “Site”), (B) Clients that utilize SmartCommerce services available via the Site, and (C) third-party End-Users that use the SmartCommerce enabled widgets and links that live on the websites and applications of the Clients of SmartCommerce ((A)(B) and (C) shall collectively be referred to as the “Services”) Much of this Policy is divided into sections based on the way that you may interact with Smartcommerce. You are either a Site Visitor, a User and/or a Client (as defined below). Please determine what user type you are. For each user type we’ve explained what information we collect and why, what cookies and other similar technologies we use, how we share such information, and your rights related to such. We welcome your questions and comments about this policy.

2. KEY DEFINITIONS

“Site Visitor(s)”  – You are a Site Visitor when you visit and interact with the Site or any content thereof, including subscribing to our newsletter.

“End User(s)” – You are an End User when you visit any third-party websites or applications where one of SmartCommerce’s widgets or links such as “Click2Cart”are displayed

“Client(s)” – You are a Client when you or the company that you work for contracts with SmartCommerce for SmartCommerce to provide its web-based SmartSuite and associated “Click2Cart” functionality that allow you to use links and/or access data and analytics related to contracted products and brands. 

“Personal Data” –  Any information that can be used to identify individuals, either alone or in combination with other information available to SmartCommerce, such as a name, e-mail address, IP address, geographic location, phone number or any other information that is regarded as personal under applicable laws.

“User(s)” – Site Visitor(s), End-User(s) and Client(s) may be collectively referred to as User(s). 

1. CHANGES TO THE POLICY

This Policy may change from time to time.  Your continued use of the Services, after we make any changes is deemed to be your acceptance of those changes, so please check this Policy periodically. 

1. COLLECTING PERSONAL DATA

2. Site Visitors

Information Collected Automatically When a Site Visitor visits the Site, SmartCommerce and our third-party analytics service providers may store your user-agent string, and the page that you entered the Site from (known as the referrer).  The user-agent allows SmartCommerce to determine each Site Visitor’s browser type, operating system, and basic system configuration information. The referrer information may allow SmartCommerce to determine pages and files viewed by each Site Visitor and the searches performed by that Site Visitor.  This information is collected and used to analyze overall trends, and to help SmartCommerce to provide and improve the Site.  

Web Beacons.  Pages on the Site, and any emails that SmartCommerce may send to Site Visitors may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit SmartCommerce to count users who have visited those pages or opened an email, and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).  This information is collected and used to analyze overall trends, and to help SmartCommerce provide and improve the Site. 

Voluntarily Provided Information.  SmartCommerce collects and stores information that Site Visitors directly provide to SmartCommerce via fillable forms or text boxes on the Site.  Such information may include (a) any information contained on a resume submitted by a Site Visitor, or (b) information submitted by a Site Visitor to register for a webinar or event (i.e. name, address, business address, telephone number, email address), or to subscribe to our newsletter (i.e., name and email address).   If you apply for a job at SmartCommerce, we collect and use your Personal Data for legitimate human resources and business management reasons. In connection with job applications, your Personal Data may be accessed by recruiters and interviewers working in the country where the position for which Site Visitors are applying is based, as well as by recruiters and interviewers working in different countries.  SmartCommerce will automatically delete the Personal Data in accordance with the time frames dictated by applicable law.  SmartCommerce uses third party service providers to provide recruiting software systems and SmartCommerce may also share your Personal Data with other third party service providers that may assist us in recruiting talent, administering and evaluating pre-employment screening and testing, and improving our recruiting practices.  

1. End Users

Information Collected Automatically  SmartCommerce may also collect and store information about Click2Cart usage, selections, and other actions taken by the End User. 

Voluntarily Provided Information.  SmartCommerce may also collect and store information that End-Users choose to provide via fillable forms or boxes.  Such information may include email, name, address, product preferences, retailer preferences, log-ins, passwords, or other voluntarily shared information. 

1. Clients

Voluntarily Provided Information.  SmartCommerce collects and stores information that Clients directly provide to SmartCommerce such as User ID and passwords for the SmartCommerce accounts, name and email addresses of the Client’s authorized users and other contact information that SmartCommerce may request Clients to provide to facilitate communication with the Clients.  

1. COOKIES AND TRACKING

Cookies – SmartCommerce also automatically collects Users’ information with cookies.  Cookies are small data files that may be placed on a User’s device to monitor how they interact with Click2Cart applications.  Most web browsers allow Users to erase cookies on their computer, disable cookies from their computer, or notify them when a cookie is stored on their device. 

1. Some content or applications, including advertisements available on the Site or through the Services, are served by third-parties, including SmartCommerce’s Clients (i.e. brands and manufacturers), advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use our website. The information they collect may be associated with your Personal Data or they may collect your information about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.   SmartCommerce does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

2. SmartCommerce may collect and store your Google Analytics ID, and in certain instances makes such data available to SmartCommerce’s Clients. Google provides a downloadable browser add-on for exercising your opt-out rights regarding Google Analytics.  

3. SHARING PERSONAL DATA

We may share your personal data as follows:

1. Third Parties Designated by You. We may share your personal data with third parties where you have provided your consent to do so. 

2. Our Clients and Client’s retailers. When you, as an End User, provide us with personal data by interacting with content provided by Clients using our Services, we may share your personal data with that Client and the retailers our Clients work with to fill your orders. Our Clients may have their own privacy policies and we do not accept any responsibility or liability for their websites, features, or policies.

3. Our Third-Party Service Providers and Accelerators. We may share your personal data with our third-party service providers and accelerators who provide services such as data analysis, information technology and related infrastructure provision, Client service, email delivery, auditing and other similar services. These third parties are only permitted to use your personal data to the extent necessary to enable them to provide their services to us. They are required to follow our express instructions and to comply with appropriate security measures to protect your personal data.

4. Corporate Restructuring. We may share personal data when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.

5. Other Disclosures. We may share personal data as we believe necessary or appropriate: (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others.

6. ANONYMOUS DATA

   1. When we use the term “anonymous data,” we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party.  

   2. We may create anonymous data from the personal data we receive about you and other individuals whose personal data we collect. Anonymous data might include analytics information.  We make personal data into anonymous data by excluding information (such as unique identifiers from cookies and other tracking technologies) that makes the data personally identifiable to you.  We use this anonymous data to analyze usage patterns in order to make improvements to our Site/Services.

7. SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect personal data within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us using the details in Section 11 below.

1. YOUR RIGHTS

   1. CCPA 

The California Consumer Privacy Act (“CCPA”) provides consumers with specific rights regarding their personal data. If you qualify as a consumer under the CCPA, you have the right to request that businesses subject to the CCPA (which may include our Clients with whom you have a relationship) disclose certain information to you about their collection and use of your personal data. In addition, you have the right to ask such businesses to delete personal data collected from you, subject to certain exceptions. If the business sells personal data, you have a right to opt-out of that sale. Finally, a business cannot discriminate against you for exercising a CCPA right.

1. GDPR

The General Data Protection Regulation (“GDPR”) provides individuals in the European Economic Area with rights regarding the collection and use of their personal data. If you are an End User covered by the GDPR, this includes, but is not limited to, the right to access or amend your personal information, in certain circumstances the right to have your personal data erased, receive a portable copy of your personal information, and to object to the processing of your personal data. You also have the right to submit a complaint to the data protection authorities in your home country. 

When offering its Services to its Clients, SmartCommerce acts as a “service provider” under the CCPA and a “processor” under the GDPR, and our receipt and collection of any End User personal data is completed on behalf of our Clients in order for us to provide our Service. Please direct any requests for access or deletion of your personal data under the CCPA or GDPR to the Client(s) with whom you have a direct relationship.

1. MINIMUM AGE

Our Services are not directed to children under 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details in Section 11 below. We will delete such information from our files as soon as reasonably practicable. 

1. CONTACT INFORMATION

Please reach out to provide comments or ask questions about this Policy.  You may contact us at: privacy@smartcommerce.com or at: SmartCommerce 75 5th Street NW, Suite 2000  Atlanta, Georgia 30308