Privacy Policy

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.

View Summary