SmartXaaS LLP (formerly TheSmartWare™) Policy

Last modified: March 27, 2018 (view archived versions)

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This Privacy and Information Security Policy ("this Policy") discusses the personally identifying information that we collect about you when you use our website (the "Site") and the other services we provide on or through the Site (together with the Site, the "Service").

a. The Types of Information TheSmartWare Collects. We collect any information you enter on the Service or give us in any other way (such as through an email, survey, or letter). The information that we collect varies depending upon how you use our Service. Our account registration process requires that you provide us with your user name, birthday and email address, and that you create and provide us with a password. We may also request other information, such as but not limited to, your actual first and last name, gender, and zip code.
b. Information in Public Areas of the Site. Please keep in mind that whenever you voluntarily provide information in public areas of the Service, such as the user profile pages or forums, that information can be viewed and possibly used by others. We therefore advise visitors not to disclose contact information, including phone number, email address, street address or instant messenger address (within these public areas) that they do not wish to share. We are not responsible for information you choose to submit in these public areas. Also, we may highlight content you post to the public areas of the Service such as reviews or comments, such as by featuring your content on the Site's home page.
a. Cookies. Like many websites, we use "cookies." Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser. We use persistent, identifying cookies to remember your information and to link your activities to you. While you can take steps to warn off, block or disable cookies, if you do, the Service may not function and appear as we have designed it. Nonetheless, if you want to take these steps, you can do so by following the instructions associated with your browser. Our cookies do not collect PII that you provide to us during the registration process, but they do collect other information such as the following:
i. the domain name and host from which you access the Internet and the Internet address of the site from which you direct-linked to ours;
ii. the date and time you access the Site and pages you visit;
iii. your computer's IP address and information about its operating system, platform and the Web browser type and version you use; 
iv. demographic and other non-personally identifiable profile information about you; and
v. information to combat fraud or misuse.
b. Collection of Information by Third Parties. Some of the advertisers and other businesses that advertise or place other content our Site use cookies on our Site and may place a cookie on your computer. The content posted by these businesses will be identified as coming from a third party. In addition, we use third party advertising companies to serve ads. These companies (1) use information obtained from your visits to this Site and other sites to serve ads to you and (2) place unique third party cookies on your browser. Also, we use web beacons provided by third party advertising companies to help optimize our advertising. Web beacons enable us to recognize your browser when a cookie has been placed on your computer. Some but not all third party advertising companies provide a mechanism to opt-out of their technology.
The information collected by third party cookies is subject to the privacy policy of the third party, not TheSmartWare's privacy policy.
c. Promotions, Sweepstakes, and Contests. From time to time, we may host a promotion, sweepstake, or contest on the Service. You May be asked to provide personal information or permit the transfer to a third party of your personal information in connection with such promotion, sweepstake or contest. It will be disclosed at the point of collection or transfer who is collection or transferring the information and whose privacy statement applies, and it will be your choice whether or not you wish to permit such transfer to our collection of personal information by a third party.
Retention of Information. We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.
4. TheSmartWare'S SHARING OF INFORMATION. TheSmartWare shares information with third parties, but only as described in this Section 4.
a. Advertisers and Others. We share non-personally identifiable information with advertisers, service providers, and other persons with whom we conduct business.
b. Service Third Parties. We contract with affiliated and non-affiliated third parties to provide services to us or to you on our behalf. Examples include providing marketing assistance, providing customer services, sending TheSmartWare email to you, removing repetitive information from customer lists, and analyzing data. These third parties have access to personal information needed to perform their functions.
c. Business Transfer. As we develop our business, we might sell or buy businesses or their assets, or engage in acquisitions, merger, restructurings, changes or control, or similar transactions. In such transactions, customer information generally is one of the transferred business assets, and your PII is subject to such a transfer. Also, in the unlikely event of a bankruptcy, customer information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.
d. Compliance and Safety. We may release user information when we believe release is appropriate to:
i. comply with applicable law, and to respond to legal process, including subpoenas, search warrants and court orders, and to respond to or otherwise address written complaints of copyright infringement;
ii. make disclosures under programs intended to prevent potential crimes or investigate persons;
iii. enforce or apply agreements, including the Terms; or 
iv. protect the rights, property, or safety of TheSmartWare, our users, or others, including exchanging information with other companies for fraud protection and credit risk reduction.
a. Your Obligations. You must protect against unauthorized access to your password and to your computer. Please sign off when finished using a shared computer. Your emails to us are not necessarily secure against interception so do not include sensitive information in them - we generally will not ask for passwords in an email and you should assume that if you get such a request, it might be fraudulent. YOU MUST DO WHAT YOU REASONABLY CAN TO ENSURE THE SECURITY OF YOUR PERSONAL INFORMATION.
b. Our Security Measures. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. HOWEVER, WE DO NOT GUARANTEE SECURITY. Neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes or fail to follow policies. If applicable law imposes any non-disclaimable duty (if any), you agree that intentional misconduct will be the standards used to measure our compliance with that duty.
6. LINKS. The Service contains links to other sites. We are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy statements of every web site that collects your personally identifiable information. This Policy applies only to information collected by the Service.
7. CHOICE. We reserve the right to send you customary business communications such as acceptance/rejection notices regarding content submissions, general system and administrative messages, address confirmations, and transactional information about your account, and we may not offer you the opportunity to opt-out of receiving such communications. However, we provide you with the opportunity to elect not to receive other types of communications, such as friend requests or the TheSmartWare of the day emails. If you want to stop receiving these communications, you may opt by going to the Profile tab on the Site and editing your email preferences.
8. ACCESS AND RECORD KEEPING. Information relating to our programs is not necessarily maintained in a retrievable form. However, you may make changes, corrections or updates to some PII provided through the Service which we use for communications with you, by going to the " Profile" tab on the Site. We may keep a record of all information that is changed. We
may determine what may be changed. For example, if we are required to keep track of certain kinds of transactions, you may be prevented from changing relevant information.
a. Privacy Concerns. Your use of the Service and any dispute over privacy is subject to the Terms of service. If you have any concern about privacy at TheSmartWare, please send us a thorough description to [email protected], and we will try to resolve it. If you think we are in default of the Terms, you may contact us at Our Legal Notices Address in Section 10 below.
b. Notice Required by Law. In those jurisdictions that permit email notice, if we are required to disclose or provide notice of invasion of certain security systems, we will do so by email to the most current email address provided by you to us. It is critical that you keep your email contact information correct and updated with TheSmartWare at all times.
c. Identity Theft. If you believe that you are a victim of identity theft entitled by law to request information from us, write us at our Legal Notice address (see the next section of this Policy) and we will let you know what additional information you must provide to us. After we have received that information, we will supply without charge the information legally required to be disclosed that we then have, subject to applicable law and reserving all of our rights and defenses.
10. CONTACT INFORMATION AND INFORMATION ABOUT ENFORCEMENT OF OUR POLICY. For customer service matters (including questions relating to this Policy), you may email us at [email protected].
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