Smith Micro Software, Inc. ("Smith Micro
") describes our practices in connection with Personally Identifiable Information that we collect through our websites located at www.smithmicro.com, my.smithmicro.com, www.stuffit.com, www.sendstuffnow.com, store.smithmicro.com, motionartist.tv, scattershow.smithmicro.com, motionartist.smithmicro.com, poser.smithmicro.com, anime.smithmicro.com, manga.smithmicro.com, www.mobileartzone.com and www.contentparadise.com (collectively, the "Sites
"). In addition, there may be supplements to this Policy for particular Smith Micro solutions as made available in such Sites. This Policy does not address our practices regarding information that we collect through any website, or by any other means, other than through the Sites; nor does this Policy govern the collection, use or disclosure of information by any of our affiliates (collectively, "Affiliated Entities
") or by third parties. This Policy does not apply to those sites that do not display or link to this Policy or that have their own privacy statements. Please read this Policy, any supplements and those privacy statements of all the websites you visit.
The Site is made available by Smith Micro subject to this Policy. We reserve the right to update or make changes to this Policy from time to time in our sole discretion without prior notice, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Policy on the Site. You can determine when this Policy was last revised by referring to the "LAST UPDATED" legend at the bottom of this Policy. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect. By using the Site, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use the Site.
Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personally Identifiable Information through the Site. If we learn that it has collected Personally Identifiable Information on a child under the age of 13, we will delete that data from its systems. We encourage parents and guardians to go online with their children.
1. What Types of Information Does Smith Micro Collect From Me?
Smith Micro gathers two basic types of information through the Site: "Personally Identifiable Information" (or "PII") and "Non-Personally Identifiable Information" (or "Non-PII"). Personally Identifiable Information is information that identifies a person as an individual, including without limitation, name, email address, postal or other physical address, telephone number, credit or debit card number (or other payment account number), title, occupation, and other information. Non-Personally Identifiable Information is aggregated information, demographic information and any other information that does not reveal a person's specific identity. An IP Address is the Internet Protocol address of the computer that you are using.
b. Non-Personally Identifiable Information. When you visit and interact with the Site, Smith Micro and third parties with whom Smith Micro has contracted to provide services to Smith Micro may collect Non-PII (for example, a catalog of the Site pages you visit). Non-PII is generally collected through the Site from four different sources: (i) environmental variables, (ii) cookies, (iii) pixel tags and other similar technologies, and (iv) information that you voluntarily provide to us.
i. Environmental Variables. We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most websites, and can be used to optimize your experience on the Site.
iii. Pixel Tags. We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs," or similar means (collectively, "Pixel Tags") in connection with Site pages and HTML-formatted email messages to, among other things, track the actions of Site users and email recipients, to determine the success of marketing campaigns and to compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors' hard drives. Pixel Tags allow us to count users who have visited certain pages of the Sites, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.
iv. Information That You Voluntarily Provide. Smith Micro also collects Non-PII (e.g., your interests, your geographic location, etc.) when you voluntarily provide such information to us. Such information constitutes Non-PII because, unless combined with PII, it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Policy.
c. IP Addresses. When you visit and interact with the Sites, Smith Micro and third parties with whom Smith Micro has contracted to provide services to Smith Micro may collect IP Addresses. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Sites, along with the time(s) of your visit(s) and the page(s) that you visited.
2. How Does Smith Micro Use Information Collected From Me?
a. Personally Identifiable Information. We may use PII in the following ways:
i. Fulfillment of Requests. Smith Micro may use PII about you to fulfill the purpose for which such PII was provided (e.g., to send newsletters to you or fulfill your purchase).
ii. Administrative Communications. From time to time, in our sole discretion, we may use PII about you to send to you important information regarding the Site, changes to our terms, conditions, and policies and/or other administrative information. Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.
iii. Other Communications. From time to time, we may use PII about you to inform you of products, programs, services and promotions that we believe may be of interest to you. If you would prefer that we do not send electronic marketing messages to you, please see the "Opt-Out" section below.
iv. Purchases. When you make a purchase through the Site, we may collect your credit card number or other payment account number, billing address and other information related to such purchase (collectively, "Payment Information") from you, and may use such Payment Information in order to fulfill your purchase.
v. Emails to Friends. We may provide functionality to permit you to send messages regarding Site-related content to a friend through the Site. If you wish to use this feature, you may be required to provide us with, and we may use, your friend's email address so that we can facilitate your sending of such message to your friend.
vi. Promotions. We may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site. We typically ask you for certain PII when you enter and, if applicable, win a Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about Smith Micro's use of PII about you. To the extent that the terms and conditions of such rules concerning the treatment of PII about you conflict with this Policy, the terms and conditions of such rules shall control.
vii. Internal Business Purposes. We may also use PII about you for our internal business purposes, such as data analysis, audits and so forth.
b. Non-Personally Identifiable Information. Because Non-PII does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non PII, which does not personally identify you, with Affiliated Entities and other third parties, for any purpose.
In some instances, we may combine Non-PII with PII (such as combining your name with your geographic location). If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder as long as it is so combined.
3. How Is Personally Identifiable Information Disclosed?
a. Third Party Service Providers. We work with third parties who provide services including but not limited to data analysis, payment processing, order fulfillment and other services of an administrative nature. We reserve the right to share PII about you with such third parties for the purpose of enabling these third parties to provide such services (for example, if you choose to make a purchase through the Site, we may share your Payment Information or other PII with our third party service providers to fulfill your purchase, including, without limitation, to process your credit card or payment account number or to ship products to you). For avoidance of doubt, if you are making a purchase through the Site, we or our Payment Services may disclose your Payment Information to banks, processors, card associations, and other financial institutions that are involved in the course of processing or screening the transaction applicable to the Payment Information. At this time, we currently use the following two Payment Services: Paypal and Authorize.net.
b. Sell or Rent Information. Except as explained in this Policy or in agreements with our customers, Smith Micro does not sell, rent, license or share PII of our customers with others outside the Smith Micro family of companies for non-Smith Micro purposes without your consent.
c. Affiliate Communications. From time to time, we may share PII about you with the Affiliated Entities to allow them to contact you regarding products, programs, services and promotions that they believe may be of interest to you. If you would prefer that we do not share your information with the Affiliated Entities for such Affiliated Entities' marketing purposes, please see the "Opt-Out" section below.
d. Emails to Friends. Please note that any PII you provide in connection with sending messages regarding Site-related content to a friend through the Site, such as your name and your email address, will, of course, be disclosed to your friend.
e. Promotions. We reserve the right to share the PII you provide in connection with Promotions with third parties sponsors of such Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to such Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about a sponsor's or other third parties' use of PII about you. To the extent that the terms and conditions of such rules concerning the treatment of PII about you conflict with this Policy, the terms and conditions of such rules shall control.
f. Profiles. We may provide functionality on the Site that allows you to create a "profile page" (your "Profile") and post certain information and materials on your Profile. Please note that your Profile, including all PII available in your Profile, may be accessible to other users. We urge you to exercise discretion and caution when deciding to disclose PII about you, or any other information, in your Profile. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF ANY PII YOU DISCLOSE IN YOUR PROFILE.
g. Information Posted by Visitors. Smith Micro may make available through the Site services (for example, message boards, forums, chat functionality and blogs, among other services) to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on the Site becomes public information, and may be available to visitors to the Site and to the general public. In addition, when you choose to make a posting on such services, certain PII (for example, a link to your Profile that contains PII), will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose PII, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE SITE.
h. Assignment. We reserve the right to transfer any and all information that we collect from Site users to an Affiliated Entity or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Smith Micro's business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
i. Law enforcement; emergencies; compliance. Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose PII about you to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests; (d) to enforce our Terms of Service; (e) to protect our operations or those of any Affiliated Entities; (f) to protect the rights, privacy, safety or property of Smith Micro, the Affiliated Entities, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
4. Other Important Notices Regarding Our Privacy Practices.
b. Third Party Advertisers. We may use third-party advertising companies to serve ads when you visit our Site. Please note that these companies may use information (not including PII) about your visit to this Site in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this Site, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://networkadvertising.org/optout_nonppii.asp
c. Sharing Data with Third Parties. We may at times share your data (both PII and non-PII) with third parties. Some example of when this may occur are as follows: (a) use of Third Party Service Providers as described in Section 3.a; (b) Affiliate Communications as described in Section 3.c; (c) Promotions as described in Section 3.e.; (d) use of Third Party Sites as described in Section 4.a; (e) use of Third party Advertisers as described in Section 4.b; and (f) other internal business purposes such as audits, data Analysis, and web-site analysis.
d. Consent to Transfer, Processing and Storage of PII. The Sites are operated in the United States of America. If you are located in the European Union, Canada, or elsewhere outside the United States of America, please be aware that any information you provide, including without limitation, PII, to us will be transferred to the United States of America. We may transfer your information to us in the United States of America or to third parties acting on our behalf, for the purposes of processing or storage, and by providing any information to us you fully understand and unambiguously consent to the transfer, processing and storage of such information in the United States of America.
e. Security. We seek to have security measures and tools (such as Firewalls, Digital SSL Certificates, Intrusion Detection Systems, and Database Encryption) in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect PII about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site or that is stored by us. You acknowledge and agree that any information you transmit through the Site or upload for storage in connection with the Site is so transmitted or stored at your own risk. 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), you must immediately notify us of the problem by contacting us in accordance with Section 4.h ("Contacting Us") below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
f. Opt-Out. If you do not wish to receive marketing-related emails from us, you may opt-out of receiving such marketing-related emails by following the unsubscribe instructions at the bottom of such marketing email or choosing to unsubscribe in the Email Lists or Newsletter area of the specific Site, or on www.contentparadise.com, by logging in and modifying your Profile.
If you would prefer that we do not share PII about you with Affiliated Entities for such Affiliated Entities' marketing purposes, you may opt-out from such sharing by emailing us at: email@example.com. Please specify clearly in the email that you are opting out of allowing Smith Micro to share PII about you with Smith Micro's Affiliated Entities (including its parent and subsidiaries) for their marketing purposes.
We will endeavor to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove PII about you from the databases of Affiliated Entities with which we have already shared PII about you (i.e., to which we have already provided PII about you as of the date on which we implement your opt-out request). If you wish to cease receiving marketing-related emails from such Affiliated Entities, please contact such Affiliated Entities directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.
g. Changing or Suppressing PII about you. To the extent the laws of your country entitle you to review, correct, update or suppress PII about you that has been previously provided to us, you may exercise this right by logging in to your Profile or the Accounts area of the Site or by emailing us at: firstname.lastname@example.org. For your protection, we will only implement such requests with respect to the PII associated with the particular e-mail address that you use to send us your request, and we may need to verify your identity before implementing your request.
In each event, you must clearly indicate the information that you wish to have changed, clearly indicate that you wish to have PII about you suppressed from our database or clearly indicate the limitations you wish to put on our use of PII about you.
We will endeavor to comply with your request as soon as reasonably practicable. Please note that we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed therefrom. We also reserve the right, from time to time, to re-contact former users of the Site. Finally, we are not responsible for removing information from the databases of third parties with whom we have already shared PII about you.
h. Retention Period. We will retain PII about you for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required by law and/or regulations.
i. Jurisdictional Issues. The Site is hosted by Smith Micro from the United States, and is not intended to subject Smith Micro to the laws or jurisdiction of any state, country or territory other than that of the United States. Smith Micro does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using the Site and submitting any PII, you consent to the transfer of PII to other countries, such as the United States, which may provide a different level of data security than in your country of residence.
j. EU-U.S. Privacy Shield. Smith Micro is a participant in the U.S. Department of Commerce's EU-U.S. Privacy Shield and has certified that we adhere to the EU-U.S. Privacy Shield Principles. Smith Micro is subject to the investigatory and enforcement powers of the Federal Trade Commission.
For more information about the EU-U.S. Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield website at https://www.privacyshield.gov.
k. Dispute Resolution/Binding Arbitration. For questions regarding dispute resolution process, contact us via email at: email@example.com or mail us at the address below.
If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, you can also submit your complaint to Privacy Trust, an independent third party. Visit https://www.privacytrust.com/drs/smithmicro to file a complaint.
Finally, as a last resort and in limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
If you are unhappy with how we deal with your complaint, or the outcome, you may invoke binding arbitration or refer your complaint to a data panel.
l. Contacting Us. If you have any questions regarding this Policy, please contact us by email at: firstname.lastname@example.org or mail us at:
Smith Micro Software, Inc.
Attention: Legal Dept.
Aliso Viejo, CA 92656
Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.
Last Updated: May 22, 2017.
This policy may be revised in order to establish compliance with the forthcoming GDPR.