Privacy Policy
Last updated: May 25, 2023
Smith Micro Software, Inc. and its subsidiaries (collectively, “we,” “us,” or “Smith Micro”) are committed to maintaining your trust by respecting and protecting your privacy.
This Privacy Policy (this “Policy”) applies to our websites, products and services (collectively, “Products”) that link to or reference this Policy. This Policy describes how we collect, use, process and protect your personal data. It also explains your available choices about how we use and process your personal data, how we communicate with you, how you can make requests related to your personal data, and other important information. Please be sure to read the Product-Specific Details in this Privacy Policy, which provide additional information about some of our Products.
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 our Products.
WHAT THIS PRIVACY POLICY COVERS
This Privacy Policy applies to personal data, which we define as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be used to identify an individual person. Personal data includes information such as your name, address, email address, and phone number, as well as other information, such as demographic data, device data, and profile data. It also applies to information that is considered sensitive personal data, which includes things like precise geolocation data. For purposes of this Privacy Policy, personal data includes “personal information” and similar terms as defined under applicable privacy laws.
Except as noted below, this Privacy Policy applies to all personal data we collect when you access or use our website, products and/or services (which we again collectively refer to as our “Products”), or when you communicate or otherwise interact with us.
This Privacy Policy does not apply to information that is not personal data, including anonymous, de-identified, or aggregated data, even when such information has been derived from personal data.
By accessing or using our Products, or otherwise engaging with us, you acknowledge our collection, use, and sharing of personal data as described in this Privacy Policy. Accordingly, we encourage you to read this Privacy Policy carefully.
Special Note Regarding the Use of our Products by Children: Our Products are not directed to, and we do not knowingly collect data from, children under the age of 13, except where explicitly described otherwise in the privacy notices for Products that are designed and offered specifically to assist families with features such as parental controls and location related services. In the case of our family safety Products, like our SafePath® applications and services, which include such features, children under the age of 13 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 Products, if you are under the age of 13, 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.
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 when you 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 solutions.
2. How We Use Personal Data
We use the data that we collect to provide our Products, which may include updating and troubleshooting, providing support, and/or 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.
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.
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.
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.
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.
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.
7. State Law Privacy Rights and Choices
Certain states provide their residents with specific rights regarding their personal data. To underscrore our commitment to your privacy, we also offer these choices to consumers in places where they are not required.
8. Product-Specific Details
In addition to the information provided above, which applies generally to all of our Products, you may find the following additional, information related to specific Smith Micro Products, to be important or useful to you.
a. SafePath® Platform
Our 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.
In certain cases, we may allow users to access our SafePath platform and related mobile application for product trial, demonstration, evaluation, market research, or other limited purposes. If you are a user of our SafePath platform in one of these instances, our practices with regard to personal data are as described in our SafePath Privacy Notice, which includes important information specific to SafePath and where it is applicable can be accessed directly from the application. This Privacy Policy is in addition to and supplemental to the SafePath Privacy Notice, however if there is any conflict between this Policy and the SafePath Privacy Notice, the SafePath Privacy Notice applies.
b. CommSuite® Platform
Our CommSuite platform delivers visual voicemail and related services to enhance the voicemail experience. Our CommSuite 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.
c. ViewSpot® Platform
Our ViewSpot platform is intended for use by businesses, not consumers. It enables wireless service providers to display promotional content on display devices in their own or their authorized agents’ retail stores and/or to analyze anonymous data related to the retail store, the devices displayed in the retail store and the promotional content displayed through the service. Our ViewSpot platform does not collect personal data.