Privacy Policy

Last updated October 28, 2024

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INTRODUCTION AND CONTACT DETAILS

This Privacy Policy explains how SmartPick (“we,” or “us”) collects, uses, and discloses information about you. We take your privacy very seriously, and we are committed to protecting your personal information and your right to privacy. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it, and we hope you take some time to read through it carefully, as it is important. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at contact@smartpick.gg.

When you visit our website www.smartpick.gg (the "Website"), we appreciate that you are trusting us with your personal information. This privacy notice applies to all information collected through our Website. If there are any terms in this privacy notice that you do not agree with, please leave our Website immediately.

SCOPE OF THIS PRIVACY POLICY

This Privacy Policy does not apply to third-party websites. Our Website may contain links to other websites. The information practices and the content of such other websites are governed by the privacy statements of such other websites. We encourage you to review the privacy statements of any such other websites to understand their information practices.

This Privacy Policy does not apply to content that is hosted by a third party but is embedded in our pages (an “Embed”). When you interact with an Embed, it can send information about your interaction to the hosting third party just as if you were visiting the third party's site directly. We do not control what information third parties collect through Embeds or what they do with the information. The privacy policy belonging to the third party hosting the Embed applies to any information the Embed collects, and we recommend you review that policy before interacting with the Embed.

WHAT INFORMATION DO WE COLLECT?

PERSONAL INFORMATION YOU DISCLOSE TO US

The personal information that we collect depends on the context of your interactions with us and the Website.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our Website or otherwise when you contact us via email. By sending us an email you are giving us your consent to process the personal information contained in the email.

The personal information we collect when you contact us via email may include:

• Email address
• Any other personal information embedded in the email metadata and/or contents sent by you, such as your name

We will not deliberately collect information from anyone under the age of 16. Our Website is aimed at people who are at least 16 years of age or older. If a child under 16 has provided us with personal information without parental or guardian consent, the parent or guardian may contact us by emailing us at contact@smartpick.gg to order the removal of that information.

If during your communications with us you provide data from third parties, we inform you that you can only provide us with data from third parties if you have their express consent. Therefore, by submitting data from third parties, you state that you have the aforementioned consent, or that you have the legal capacity to express said consent for them. In addition, all the people from whom you send us data must know the content of this section. You declare that you have informed them and made their content known. We are not responsible in the event that the user who contacts us does not comply with the previous points.

The user is responsible for the veracity of the information they provide us as well as its updating. It will also be responsible for any damage or harm that may arise as a result of the information provided being false, inaccurate or not updated.

Like many other websites, we also use analytics tools and collect information through cookies when you give us your consent by using the banner which appears at the top when you visit our Website. You can find out more about our cookies in our Cookies Policy.

Google Analytics collects:

• First-party cookies
• Data related to the device/browser
• Internet Protocol (IP) address
• On-site activities/interactions

We apply IP masking in Google Analytics so that it uses only a portion of your IP address, rather than the entire address.

You can find more information about Google Analytics, what information is collected and how it is collected in the following link: https://support.google.com/analytics/answer/6004245?hl=en. You can also find more information about how Google uses the information from sites or apps which use their services in the following link: www.google.com/policies/privacy/partners/.

INFORMATION AUTOMATICALLY COLLECTED

We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information). The processing is necessary for our legitimate interests and will not be overridden by your data protection interests or fundamental rights and freedoms.

Particularly, we collect your IP address. This information is primarily needed to maintain the security and operation of our Website hosted in the cloud. You can find more information about why this information is needed in the following links from AWS (our hosting provider): https://aws.amazon.com/es/compliance/data-protection/ and https://aws.amazon.com/es/compliance/data-privacy/.

INFORMATION WE DERIVE

We may derive information or draw inferences about you based on the information we collect. Particularly, we may make inferences about your location based on a portion of your IP address in Google Analytics.

We do not make inferences about any other personal information but note that it may be possible to know your full name and your company based on the email address when you contact us.

HOW DO WE USE YOUR INFORMATION?

The information collected via email is exclusively used to communicate with you properly, respond to your comments, suggestions, questions, and inquiries, and solve any potential issues you might have related to our Website.

The information collected via Google Analytics, including the geolocation derived from a portion of your IP address, is exclusively used to enable us to measure and report statistics about user interactions on the Website in order to develop, maintain, evaluate and improve our Website.

The information automatically collected is exclusively used to provide and protect our Website by avoiding attacks and keeping it safe and secure.

WILL YOUR INFORMATION BE SHARED WITH ANYONE?

We share information, including your personal information, with our third-party service providers that provide us with hosting for and maintenance of our Websites, hosting for and maintenance of our email, and analytics tools (see WHO WILL YOUR INFORMATION BE SHARED WITH?). We have contracts in place with our data processors, which are designed to help safeguard your personal information.

If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond, and we may also share your data that we hold based on the following legal basis:

• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

WHO WILL YOUR INFORMATION BE SHARED WITH?

Our Website utilizes cloud environments to ensure high availability. No personal data is permanently stored outside our cloud platforms. In this way, the physical security of our third-party service providers is maintained. We only share and disclose your information with the following third parties which act as processors while we are the controllers:

• AWS: We use CloudFront. You can find more information about this third party and how they handle the data that we entrust to them in the following link: https://aws.amazon.com/compliance/data-privacy/.
• Google: We use Google Analytics. You can find more information about this third party in the following link: https://policies.google.com/privacy?hl=en. We have a data processing agreements corresponding to this service: https://privacy.google.com/businesses/processorterms/.
• Zoho: We use Zoho Mail. You can find more information about this third party and how they handle the data that we entrust to them in the following link: https://www.zoho.com/privacy.html.

DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

We may use cookies when you give us your consent to collect and store your information. Specific information about how we use cookies and how you can refuse them is set out in our Cookies Policy.

IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

Please be aware that your information may be transferred to, stored, and processed in United States, and in countries other than your own, depending on the third-party service

• CloudFront (from AWS): It caches response data in globally distributed content delivery servers to provide the service. Therefore, your automatically collected IP address will be processed in edge locations located in United States and Europe. You can find more information about privacy and security in the following link: https://aws.amazon.com/es/compliance/data-privacy/.
• Google Analytics (from Google): When you give us your consent, our Website makes use of this service. The cookies associated with this service send data to Google data centers located across the globe. More information about the locations of Google data centers is available at: https://www.google.com/about/datacenters/inside/locations/index.html.
• Zoho Mail (from Zoho): When you contact us via email, you are sending emails to our email hosting provider Zoho. The Zoho servers corresponding to us are located in Europe (the primary server is located in Amsterdam and the secondary server is located in Dublin). You can find more information about Zoho Datacenters in the following link: https://www.zoho.com/know-your-datacenter.html.

If you are a resident in the European Economic Area, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.

We have implemented measures to protect your personal information, including by using the European Commission's Standard Contractual Clauses for transfers of personal information between our third-party providers and us, where we are the data exporter, and the third-party providers are data importers. These clauses require all recipients to protect all personal information that they process originating from the EEA in accordance with European data protection laws and regulations. The applicable Standard Contractual Clauses can be found in the following links corresponding to each third-party service:

• CloudFront (from AWS): https://d1.awsstatic.com/legal/aws-gdpr/AWS_GDPR_DPA.pdf
• Google Analytics (from Google): https://privacy.google.com/businesses/processorterms/mccs/

All our third-party providers also participate in the EU-US Data Privacy Framework.

HOW LONG DO WE KEEP YOUR INFORMATION?

We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless a longer retention period is required by law. No purpose in this notice will require us keeping your personal information for longer than 1 year.

When we have no ongoing legitimate need to process your personal information, we will delete such information. Google Analytics keeps collected data for 12 months. All emails received from you will be manually deleted from Zoho servers after 12 months starting from the date they were sent. CloudFront may retain client IP addresses for monitoring and security purposes.

HOW DO WE KEEP YOUR INFORMATION SAFE?

We aim to protect your personal information through a system of organizational and technical security measures which ensure adequate levels of protection. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website or via email is at your own risk. You should only access the Website within a secure environment.

Our third-party providers have also adopted additional safeguards:

• AWS: AWS has achieved internationally recognized certifications and accreditations for compliance with privacy assurance frameworks, such as ISO 27017 for cloud security, ISO 27701 for privacy information management, and ISO 27018 for cloud privacy. More information: https://aws.amazon.com/compliance/data-privacy/
• Google: Google has earned ISO 27001 certification for the systems, applications, people, technology, processes, and data centers serving a number of Google products, including Google Analytics and Firebase Hosting. Firebase Hosting has successfully completed the ISO 27001 and SOC 1, SOC 2, and SOC 3 evaluation process. More information: https://firebase.google.com/support/privacy?hl=en. Google Analytics uses Hypertext Transfer Protocol (HTTP) Strict Transport Security (HSTS), which instructs browsers that support HTTP over SSL (HTTPS) to use that encryption protocol for all communication between end users, websites, and our servers. More information: https://support.google.com/analytics/answer/6385009?hl=en
• Zoho: The Zoho Datacenter located in Amsterdam complies with the ISO 27001 and ISO 22301 standards, while the Zoho Datacenter located in Dublin complies with ISO 9001 and ISO 27001. More information: https://www.zoho.com/know-your-datacenter.html

For data in transit, the Website uses industry standard transport protocols. This Webpage is offered through HTTPS. When accessing this page via HTTP you should be automatically redirected to HTTPS, securing data transmission by encrypting all data transits to match them to best practice in the protection of confidentiality and data integrity. A Secure Socket Layer (SSL) certificate has been provisioned by Firebase Hosting.

The responsible persons indicated in the INTRODUCTION AND CONTACT DETAILS are the only ones authorized to access the accounts associated to the systems and are required to keep the information confidential.

In the event that your data is compromised, we will inform you and the competent supervisory authorities within 72 hours by email with information about the extent of the violation, the affected data, and impacts on the Website.

WHAT ARE YOUR PRIVACY RIGHTS?

In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, contact us via contact@smartpick.gg. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

DO WE MAKE UPDATES TO THIS NOTICE?

Yes, we will update this notice as necessary to stay compliant with relevant laws. Therefore, we may update this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at contact@smartpick.gg.

HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please contact us atcontact@smartpick.gg. We will respond to your request within 30 days.