Privacy Policy
Last updated: December 27, 2019
Your privacy is important to us. This Privacy Policy explains what personal data Smith Micro collects from you, through our interactions with you and through our products, and how we use that data.
Smith Micro offers a wide range of software solutions and services. References to Smith Micro products in this Privacy Policy include Smith Micro software, services, websites, apps and other solutions.
Please read the Product-Specific Details in this Privacy Policy, which provide additional information about some of our products and/or services. This Privacy Policy applies to our interactions with you and each of the Smith Micro products that reference or link to this Policy.
We reserve the right to update or make changes to this Privacy 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 Privacy Policy on our website at www.smithmicro.com/privacy. You can determine when this Policy was last revised by referring to the “Last updated” legend at the top of this Privacy Policy. Any changes to our Privacy Policy will become effective upon our posting of the revised version on our website at www.smithmicro.com/privacy. Except where your separate consent is required by law, your use of our products which link to our reference this Policy following such changes constitutes your acceptance of the revised Policy then in effect. By using our products which link to or reference this Privacy Policy, 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 such products.
Special Note Regarding the Use of our Products by Children: Our products are not directed to children under the age of 16. In the case of our SafePath® Family product, children under the age of 16 may be invited to sign up for the service by a parent or legal guardian. Please see the Product-Specific Details for our SafePath products. Except as provided in connection with our SafePath Family product, if you are under the age of 16, please do not provide personal data in connection with your use of Smith Micro products. We encourage parents and guardians to go online with their children.
Table of Contents
1. Types of Data Smith Micro Collects
Smith Micro collects data to operate effectively and to furnish or enhance your experience with our products. You provide some of this data directly when you sign up for an account in connection with our products or submit a request to us for information or support. We also record data in connection with your interaction with our products, such as through the use of cookies on our website or through your use of one of our software products.
You have choices about the data we collect. When you are asked to provide personal data, you may decline. But if you choose not to provide data that is necessary to provide a product or feature, you may not be able to use that product or feature.
The data we collect depends on the context of your interactions with Smith Micro and the choices you make, including your privacy settings, and the products and features that you use. The data we collect can include the following:
Name and contact data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.
Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.
Demographic data. We collect data about you such as your age, gender, country, and preferred language.
Payment data. We collect data necessary to process your payment if you make purchases, such as your credit card number and the security code associated with your credit card.
Device and Usage data. We collect data about your device and how you and your device interact with Smith Micro and our products. For example, we collect:
- Product use data. We collect data about the Smith Micro products you use, including any products that you purchase and the Smith Micro web pages you visit.
- Device, connectivity and configuration data. We collect data about your device and the network you use to connect to our products. It includes data about the operating systems and other software installed on your device, including product keys. It also includes device identifiers (such as the IMEI number for phones), regional and language settings, and your IP address. Your IP (Internet Protocol) address is a number that is automatically assigned to the computer that you are using by your ISP (Internet Service Provider). This number is identified and logged automatically in our server log files whenever you visit our websites, along with the time(s) of your visit(s) and the page(s) that you visited.
- Environmental Variables. We 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 our website.
- Error reports and performance data. We collect data about the performance of the products and any problems you experience with them. This data helps us to diagnose problems in our products that you use, and to improve our products and provide solutions. Depending on your product and settings, error reports can include data such as the type or severity of the problem, details of the software or hardware related to an error, contents of files you were using when an error occurred, and data about other software on your device.
- Troubleshooting and Help Data. When you engage us for troubleshooting and help, we collect data about you and your hardware, software, and other details related to the incident. Such data includes contact or authentication data, the content of your communications with us, data about the condition of the machine and the application when the fault occurred and during diagnostics, and system and registry data about software installations and hardware configurations.
Location data. For products with location-enhanced features, we collect data about your location, which can be either precise or imprecise. Precise location data can be Global Navigation Satellite System (GNSS) data (e.g., GPS), as well as data identifying nearby cell towers and Wi-Fi hotspots, we collect when you enable location-based products or features. Imprecise location data includes, for example, a location derived from your IP address or data that indicates where you are located with less precision, such as at a city or postal code level.
Social Media. When you interact with our products through various social media, such as when you Like us on Facebook or post a comment to our Facebook page, we may receive information from the social network such as your profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, friends list, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network.
2. How We Use Personal Data
We use the data that we collect to provide our products, which includes updating and troubleshooting, providing support, and providing personalized recommendations and relevant marketing and advertising. We also use data to operate our business, which includes analyzing our performance and meeting our legal obligations.
When we process personal data about you, we do so with your consent and/or as necessary to complete a transaction or to provide a product that you have requested or authorized, to operate our business, to meet our contractual and legal obligations, to protect the security of our systems and our customers, or to fulfill our other legitimate interests as described this section and in the Reasons We Share Personal Data section below.
In particular, we use your personal data as follows:
Fulfillment of Requests and Provision of Authorized or Purchased Products. We may use your personal data to fulfill the purpose for which you provided it. For example, we will use your personal data to respond to your request for technical support, or to provide you with an ongoing service. We will also use your personal data to complete a transaction or to fulfill our contractual obligations. For example, we may use your payment information to complete an online purchase that you have initiated, and we may use your personal data to deliver a service for which you have subscribed.
Administrative Communications. We may use your personal data to communicate with you, for example to provide you with updates about your account, security updates, or important changes to our terms, conditions, and policies.
Other Communications. We may use your personal data to inform you of products, programs, services and promotions that we believe may be of interest to you. If you no longer wish to receive promotional emails, you may opt out of receiving promotional emails from us at any time by following the instructions in those messages.
Purchases. When you make a purchase through our website, we may collect your credit card number or other payment account number, billing address and other information related to such purchase from you, and may use such information in order to fulfill your purchase.
Emails to Friends. We may provide functionality to permit you to send messages regarding Smith Micro website-related content to a friend through our website. If you wish to use this feature, you will be required to provide us with, and we will use, your friend's email address in order to facilitate your sending of such message to your friend. By providing any email address to facilitate the sending of messages, you confirm that you have permission to do so.
Promotions. We may operate sweepstakes, contests and similar promotions through our websites. We typically ask you for your name and contact information when you enter a promotion and in the event that you win. You should carefully review the rules of each such promotion, as the rules may contain additional important information about our use of your personal data in connection with the promotion. To the extent that the rules of any promotion conflict with this Policy concerning our use of your personal data, the promotion-specific rules will control.
Internal Business Purposes. We also use personal data for our internal business purposes. For example, we will retain your shopping history on our website to make suggestions to you for products we believe may also be of interest to you. We also use data to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions about, and report on the performance of our business.
Legal Compliance. We process data to comply with law. For example, we may use customers’ ages to ensure we meet our obligations to protect children’s privacy. We also process contact information and credentials to help customers exercise their data protection rights.
3. Reasons We Share Personal Data
We share your personal data with your consent and/or as necessary to complete a transaction or to provide a product that you have requested or authorized, which may include sharing your data with third parties performing services on our behalf. We will also share data if required by law or to respond to legal process, to protect our customers or to protect our rights or property.
Third Party Services. We use third parties to provide services on our behalf including but not limited to data analysis, cloud storage, payment processing, order fulfillment and other services of an administrative nature. In such cases, these companies must abide by our data privacy and security requirements and applicable law and are not allowed to use personal data they receive from us for any other purpose.
We Do Not 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 personal data of our customers with others outside the Smith Micro family of companies for non-Smith Micro purposes without your consent. In particular, with respect to any of your data that we obtain through our software applications that offer MDM services, we will not for any purpose sell or disclose such data to any third parties and we will not use such data except in the delivery of the application’s services to you.
Communications that You Initiate. If you initiate contact with friends, family members or other third parties in connection with your use of our products (e.g., by sending messages through our website or by inviting a family member to join your SafePath Family account) your personal data, such as your name and your email address, will be disclosed to your designated recipient.
Promotions. If you sign up for a promotion, we may share the personal data that you provide to us in connection with the promotion with any identified third party sponsors of the promotion or otherwise in accordance with the rules applicable to such promotion. You should carefully review the rules of each promotion you choose to participate in, as they may contain additional important information about the use of your personal data. To the extent that the rules of any promotion conflict with this Policy concerning our use of your personal data, the promotion-specific rules will control.
Corporate Transaction. In the event of any corporate transaction involving Smith Micro, such as a merger or sale of assets, we may disclose or transfer personal data as part of such transaction.
Law enforcement; emergencies; compliance. Notwithstanding any other provision of this Policy to the contrary, we may disclose your personal data as required (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests; (d) to enforce our rights under our terms of service; (e) to protect our operations or those of any of our affiliated entities; (f) to protect the rights, privacy, safety or property of Smith Micro, our affiliated entities, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain.
Product Reviews. If you post a review or comment with respect to our products, we may publicly post your reviews and comments online on our website or mobile app, or link your reviews to third party websites.
4. How We Protect Your Personal Data
Smith Micro uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information we collect and that we share with our service providers. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, to notify those individuals whose information may have been compromised, and to take such action as may be required by applicable laws and regulations.
5. How to Access and Control Your Personal Data
You can view, edit or delete your personal data online for many of our products. In connection with the use of certain of our products, you can also make choices about our collection and use of your data. When you are asked to provide personal data, you may decline. But if you choose not to provide data that is necessary to provide a product or feature, you may not be able to use that product or feature. How you can access or control your personal data will depend on which of our products that you use.
My Smith Micro Online Store. If you have an account with our online store at my.smithmicro.com, and wish to access, edit, or delete your personal data or payment information, you can do so by visiting my.smithmicro/personal-data.
SafePath. If you are a user of our SafePath service, you have procured this service through your wireless or cable service provider, and the terms of your use are as established by your service provider. To modify your account information, update or amend your personal information, or change your password, please log into the account that you have created through your service provider. If you have any questions about reviewing or modifying your account information or if you wish to cancel your account, please contact your service provider directly.
If you cannot access certain personal data collected by Smith Micro via the links above or directly through the Smith Micro products you use, you may contact us at privacy@smithmicro.com. We will respond to requests to access or delete your personal data within 45 days.
Opt-Out. If you receive a marketing-related email from us and do not wish to receive further marketing-related emails from us, you may opt-out by following the unsubscribe instructions at the bottom of such message. If you have one or more accounts with us in connection with our products, you may also choose to unsubscribe by logging in and modifying your profile for the applicable Smith Micro product. If you have more than one account with us, you will need to update your choices for each account. We will endeavor to comply with your request as soon as reasonably practicable and in any event as required by law.
6. Other Important Notices Regarding Our Privacy Practices
Below you will find additional privacy information that you may find important or helpful to your understanding of how we collect and use your personal data.
Cookies. Smith Micro uses "cookies" in conjunction with our web-based products to obtain information. A cookie is a small data file that is transferred to your device (e.g., your phone or your computer) for record-keeping purposes. We use cookies and other technologies to facilitate users' ongoing access to and use of our websites and in connection with web-based products. If you do not want information collected through the use of cookies, your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some aspects of our products may not work as intended or may not work at all without cookies.
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 our website pages and HTML-formatted email messages to, among other things, track the actions of website users and email recipients, to determine the success of marketing campaigns and to compile aggregate statistics about website usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to website 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 our websites, 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.
Third Party Sites. Our products may contain links to third party websites. These linked sites are not under Smith Micro's control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and our inclusion of a link does not imply our endorsement of the linked site. If you provide any personal data through any such third party website, your transaction will occur on such third party's (and not Smith Micro’s) website, and the personal data you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.
Analytics and Advertising Services. We may use third-parties to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet and to track and report on the performance of those advertisements, and to serve ads when you visit our websites. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you use our products, as well as when you visit other online sites and services. 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 networkadvertising.org/optout_nonppii.asp.
Transfer, Processing and Storage of Personal Data. Our websites and certain of our other products are operated in the United States of America. We may process the personal data that we collect in your region, in the United States, and in any other country where we or our affiliates, subsidiaries, or service providers operate. We take steps to ensure that the data we collect under this Policy is processed according to the provisions of this Policy and the requirements of applicable law.
We transfer personal data from the European Economic Area to other countries, some of which have not yet been determined by the European Commission to have an adequate level of data protection. For example, their laws may not guarantee you the same rights, or there may not be a privacy supervisory authority there that is capable of addressing your complaints. When we engage in such transfers, we use a variety of legal mechanisms, including contracts, to help ensure your rights and protections with respect to your data.
We comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. If third-party agents process personal data on our behalf in a manner inconsistent with the principles of the Privacy Shield framework, we remain liable unless we prove we are not responsible for the event giving rise to the damage.
If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.
If you have a question or complaint related to our participation in the EU-U.S. Privacy Shield, we encourage you to contact us at privacy@smithmicro.com. For any complaints related to the Privacy Shield framework that we cannot resolve directly, we have chosen to cooperate with the relevant Data Protection Authority, or a panel established by the European data protection authorities for resolving disputes. As further explained in the Privacy Shield Principles, binding arbitration is available to address residual complaints not resolved by other means.
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 your data, we cannot ensure or warrant the security of any information you transmit to us through or in connection with our websites or that is stored by us. You acknowledge and agree that any information you transmit through our websites or upload for storage in connection with our websites 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 at privacy@smithmicro.com or at our physical address at 5800 Corporate Dr., 5th Floor, Pittsburgh, PA 15237, Attention: Privacy (note however that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
Retention Period. We will retain your data for the period necessary to fulfill the purposes outlined in this policy unless a longer retention period is required by law and/or regulations.
Jurisdictional Issues. We host our websites from the United States, and our websites are not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. We do not represent or warrant that our websites, or any part thereof, are appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access our websites 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 availability of our websites, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using our websites and submitting any personal data in connection with such use, you consent to the transfer of your submitted personal data to other countries, such as the United States, which may provide a different level of data security than in your country of residence.
Notice to California Residents. The California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with the additional rights described below. You may exercise any of the rights described in this section by contacting us at privacy@smithmicro.com. Please reference “CCPA” in your subject line. These instructions are also available by calling our toll-free CCPA hotline at 833-606-0138. Please note that we may ask you to verify your identity before taking further action on your request.
- • Right to Access: You have the right to know and access what data we have collected about you over the past 12 months, including:
- o The categories of personal information we’ve collected about you;
- o The categories of sources from which the personal information is collected;
- o The business or commercial purpose for collecting your personal information;
- o The categories of personal information about you which we shared;
- o The categories of third parties we have shared information to; and
- o The specific pieces of personal information we have collected about you.
Note that we do not sell personal information. - • Right to Delete: You have the right to request that we delete personal information we have collected from you (and direct our service providers to do the same). In some instances, however, we may decline to honor your request where an exception applies.
- • Other Rights: You also have the right not to be discriminated against for exercising any of the rights listed above.
Contacting Us. If you have any questions regarding this policy, please contact us by email at: privacy@smithmicro.com or mail us at:
Smith Micro Software, Inc.
Attention: Privacy
5800 Corporate Drive
Pittsburgh, PA 15237
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.
a. Smith Micro Websites
Smith Micro hosts several websites, including our corporate website, www.smithmicro.com and our online store at my.smithmicro.com. We may now or in the future operate additional websites. Our collection and use of your personal data in connection with your use of our websites will be governed by this Privacy Policy and the additional, important privacy information below.
Your Profile Page. Our websites may provide functionality that allow you to create a "profile page" where you may post certain information and materials. If you choose to create a profile page, your profile page and any personal data that you share to your profile page will be accessible by other users. We urge you to exercise discretion and caution when deciding to disclose personal data or any other information on your profile page. Smith Micro is not responsible for the use by others of any personal data that you disclose on your profile page. If you choose to include personal data on your profile page, we will consider that information public and will not limit its use or disclosure in the manner described in this Privacy Policy.
Your Posts on Our Websites. Through one or more of our websites, we may make available message boards, forums, chat functionality, blogs or other services which permit you and others outside of Smith Micro to post information and materials. Any information that you disclose in connection with any such post or communication will be visible to others and will include without limitation your user name and a link to your profile page. We urge you to exercise discretion and caution when deciding to post your personal data or any other information on our websites. Smith Micro is not responsible for the use by others of any personal data that you post. If you choose to make personal information public through these services, we will consider that information public and will not limit its use or disclosure in the manner described in this Privacy Policy.
Third Party Payment Services. In order to facilitate your purchases through our websites, we may use third-party payment services to collect payments made through the websites. When we use a third party payment service, you will be directed to a webpage that is hosted by the payment service (or its service providers) and not by Smith Micro. Any personal data that you provide through the payment service’s website will be subject to the payment service's privacy policy, rather than this Policy. Smith Micro has no control over, and shall not be responsible for, a payment service's use of information collected through the payment service’s website. PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT ADDRESS THE COLLECTION AND USE OF INFORMATION THROUGH THE WEBSITE OF ANY THIRD PARTY PAYMENT SERVICE OR THE PRIVACY OR INFORMATION PRACTICES OF ANY PAYMENT SERVICE.
Other Third Party Services. We use technology services provided by third parties like Google and Hotjar in order to better understand our users’ needs and to optimize our users’ website service and experience. Our third party service providers use cookies and other technologies to collect data on our users’ behavior and their devices (which may include in particular a device's IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and preferred language used to display our website). For more information on the information that Google collects and its use of this information, please visit policies.google.com/technologies/partner-sites and see Google’s privacy policy at policies.google.com/privacy. You can find more information on Hotjar’s privacy practices by accessing their privacy policy at www.hotjar.com/legal/policies/privacy, and you can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link.
b. SafePath Platform
The SafePath Platform is a connected lifestyle platform, which includes tools for family safety, including powerful family locator functionality, robust parental controls and built-in support for wearable devices such as GPS wristwatches and pet trackers. Our SafePath family of products and services are offered to consumers by wireless and cable service providers, typically under the service provider’s brand, and the collection and use of your personal data in connection with your use of the service will be governed by the privacy policy established by your service provider. For more information, please see the privacy policy offered by your service provider.