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Legal

Thanks for taking the time to learn about Smart Pickle's Legal policies.

This is where you’ll find information about how we protect your privacy, what terms and conditions you agree to operate under with using Smart Pickle, and how we handle user accounts. If you still have questions after reading, please reach out to us on the contact page.

Terms and Conditions

General Terms and Conditions of Use

Acceptance of Terms

IMPORTANT: READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING SERVICES PROVIDED BY Smart Pickle, LLC YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

NOTE: THE SMART PICKLE SERVICE IS IN BETA; ASPECTS OF THE SERVICE ARE STILL UNDER DEVELOPMENT. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE SERVICE WHILE THE PRODUCT IS IN BETA INCLUDING SECTION 16, BETA SMART PICKLE SERVICE PROPRIETARY RIGHTS AND CONFIDENTIALITY.

Welcome to www.smartpickle.com an innovative direct messaging platform for small businesses to help users market to the right customers. Smart Pickle, LLC is a direct messaging service, providing a platform for users to create and deliver promotion content to their customers via e-mail, SMS, and social media channels online as well as application guidance within the application to our subscribers. Vernaca, LLC allows users to create and run promotions through the Smart Pickle, LLC software service (hereinafter the “Smart Pickle Service”).

The Smart Pickle Service is provided by Smart Pickle, LLC, a US company located in Portland, Oregon (USA) (hereinafter “Smart Pickle”).

In order to activate an account and start promoting with Smart Pickle YOU WARRANT YOU ARE AT LEAST 18 YEARS OF AGE. If you are accessing and registering to the Smart Pickle Service on behalf of any business YOU MUST HAVE THE AUThORITY TO OPERATE ON BEHALF OF THAT BUSINESS.

By checking the “I agree” check box during the registration process, you agree to be bound by these General Terms and Conditions of use of the Smart Pickle Service.

General Terms and Conditions of Use of the Smart Pickle Service

  • The Smart Pickle Service
  • By accepting these General Terms and Conditions of use of the Smart Pickle Service and completing all the necessary
    and relevant steps of the registration procedure, Smart Pickle will provide the application User (hereinafter
    the “User”) access to the Smart Pickle Service described herein.
  • Upon completion of the registration procedure User will have access to User’s own area on the Smart Pickle platform
    (the “User Account”) from which User will find the means within the application to create, schedule, and
    publish User’s own offers and promotions.
  • Smart Pickle reserves the right, at Smart Pickle’s own discretion, to change, modify, add, or remove portions of these
    General Terms and Conditions of use at any time by posting the amended version of these General Terms and
    Conditions of use (herein “Amended Terms”) under the same web page. User’s continued use of the Smart Pickle Service
    after the expiry of the 30-day term above shall constitute User’s binding acceptance of any such Amended
    Terms.
  • Registration, Passwords
  1. Upon completion of the registration procedure and in order to access the User Account, User will type username
    and password specified at the time of registration. Username and password (herein “User’s ID”) are personal
    and cannot be used by two or more users at the same time and User will not be entitled to transfer or assign
    them to any third-party whatsoever. User shall be liable for all actions while using the Smart Pickle Service.
    User shall be responsible for transactions and/or facts occurred and/or executed under User’s ID. Therefore,
    User shall preserve the confidentiality and secrecy of User’s ID and shall inform Smart Pickle forthwith of any
    unauthorized use or loss of them.
  2. Without limiting anything in these General Terms and Conditions of use, Smart Pickle will not be responsible or liable,
    directly or indirectly, in any way and under any theory of liability WHATSOEVER for any loss or damage of
    any kind whatsoever occurred as a result of, or in connection with, User’s failure to comply with this section
    2.
  3. Smart Pickle, in its own discretion, shall be free to prevent User’s access to User’s own User Account and/or disconnect
    the operation of User’s ID without notice, should Smart Pickle deem that a substantial breach of these General
    Terms and Condition of use and namely of this section 2 has occurred, or should User make an illegal or unfair
    use of the Smart Pickle Service.
  • User Account
  1. By accessing User’s User Account, User shall be free to create and manage his/her own offers and promotions,
    offer and promotion schedules, customer contact lists, and upload User Content defined as business and business
    user information, branding content, imagery, and offer or promotion copy.
  2. User may submit and/or upload User Content onto the User Account. User warrants all User Content complies with
    copyright restrictions of this section 3. Once submitted to Smart Pickle and/or uploaded onto the User Account,
    User Content shall not be assigned, sold, or transferred to any third-party whatsoever unless through the
    Smart Pickle Service.
  3. User shall retain all User’s intellectual property rights in and to the User Content.
  4. User shall be solely responsible for all User Content and shall bear all liabilities connected to the posting
    or publishing of it onto the User Account and User hereby acknowledges and represents that the Smart Pickle Service
    is merely providing User the means to produce and deliver User Content via an application interface. As a
    result, User hereby affirms, represents, and warrants that:
  5. (i) User is the original legitimate author and/or creator and/or owner of, or has previously obtained
    any and all the necessary licenses, rights, consents, approvals and/or permissions to use, license,
    and authorize Smart Pickle to use and distribute the User Content as necessary to exercise the rights
    and licenses granted by User in pursuance to these General Terms and Conditions to use and in the
    manner herein contemplated by Smart Pickle, or the User Content falls under free license (and User can
    provide verification that the copyright holder has released the image under an acceptable free license),
    public domain (and User can prove that the image is in the public domain,
    i.e. free of all copyrights), or fair use (and User can verify that the image meets the special conditions
    for non-free content, which exceptionally allow the use of unlicensed material, and User can provide an
    explicit non-free use rationale explaining
    why and how User intends to use it);
  6. (ii) The User Content does not, and will not at any time:
  7. (a) infringe, violate, or misappropriate any third-party rights, including without limitation
    any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity,
    or any other intellectual property or proprietary right, or
  8. (b) slander, defame, libel, or invade the right of privacy, publicity, or other rights of any
    person or entity whatsoever; and
  9. (iii) The User Content does not contain any viruses, adware, spyware, worms, or other malicious code,
    or any content or file that provides a method to access potentially infringing content outside of
    the Smart Pickle Service.
  1. Smart Pickle encourages users to upload their own images. All User-created images must be licensed under a free license, such as the GFDL and/or an acceptable Creative Commons license, or released into the public domain, which removes all copyright and licensing restrictions. When licensing an image, it is
    common practice to multi-license under both GFDL and a Creative Commons license.
  2. USER HEREBY REPRESENTS AND WARRANTS WITH AND TO Smart Pickle THAT USER SHALL NOT, NOR SHALL USER LET AND/OR ENABLE ANY THIRD-PARTY TO:
  • (i) UPLOAD TO OR CREATE ON THE USER ACCOUNT ANY USER CONTENT THAT VIOLATES ANY LAW, REGULATION, TREATY,
    OR THIRD-PARTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADE SECRET, INTELLECTUAL PROPERTY, PRIVACY,
    OR PUBLICITY RIGHTS);
  • (ii) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE Smart Pickle OR ANY THIRD-PARTY;
  • (iii) POST, UPLOAD TO, OR CREATE ANY USER CONTENT THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, VULGAR, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO ANY KIND OF LIABILITY WHATSOEVER, VIOLATE ANY LAW, OR, IN Smart Pickle’S SOLE DISCRETION, IS OTHERWISE INAPPROPRIATE;
  • (iv) POST ADVERTISEMENTS OR SOLICITATIONS OF OTHER BUSINESSES;
  • (v) IMPERSONATE ANOTHER PERSON, BUSINESS OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR ACCESS THE Smart Pickle SERVICE ACCOUNTS OF OTHERS WITHOUT PERMISSION, MISREPRESENT THE SOURCE, IDENTITY, OR CONTENT OF INFORMATION TRANSMITTED VIA THE Smart Pickle SERVICE, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY;
  • (vi) USE THE Smart Pickle SERVICE FOR ANY PURPOSE OTHER THAN TO ACCESS THE Smart Pickle SERVICE AS SUCH SERVICES ARE OFFERED BY Smart Pickle;
  • (vii) CIRCUMVENT, DISABLE, OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE Smart Pickle SERVICE OR FEATURES THAT PREVENT, LIMIT, OR RESTRICT USE OR COPYING OF ANY MATERIALS OF ANOTHER USER’S CONTENT;
  • (viii) RENT, LEASE, LOAN, SELL, RESELL, SUBLICENSE, DISTRIBUTE, OR OTHERWISE TRANSFER THE LICENSES GRANTED
    HEREIN;
  • (ix) DELETE INDICATIONS OR NOTICES REGARDING THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS ON THE Smart Pickle SERVICE OR ANY THIRD-PARTY CONTENT;
  • (x) MAKE UNSOLICITED OFFERS AND PROMOTIONS, ADVERTISEMENTS, PROPOSALS, OR SEND JUNK MAIL OR SPAM TO OTHER USERS OF THE Smart Pickle SERVICE INCLUDING, BUT NOT LIMITED TO, UNSOLICITED ADVERTISING, PROMOTIONAL MATERIALS, OR OTHER SOLICITATION MATERIAL, BULK MAILING OF COMMERCIAL ADVERTISING, CHAIN MAIL, INFORMATIONAL ANNOUNCEMENTS, CHARITY REQUESTS, AND PETITIONS FOR SIGNATURES;
  • (xi) USE THE Smart Pickle SERVICE FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL,
    OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER
    PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY;
  • (xii) DEFAME, HARASS, ABUSE, THREATEN OR DEFRAUD USERS OF THE Smart Pickle SERVICE, OR COLLECT, OR ATTEMPT
    TO COLLECT, PERSONAL INFORMATION ABOUT USERS OR PARTIES WITHOUT THEIR CONSENT, OR, EXCEPT AS EXPRESSLY
    AUTHORIZED HEREIN, USE MATERIALS, THIRD-PARTY CONTENT, OR OTHER CONTENT;
  • (xiii) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF
    THE Smart Pickle SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
  • (xiv) MODIFY, ADAPT, TRANSLATE, OR CREATE DERIVATIVE WORKS BASED UPON THE Smart Pickle SERVICE OR ANY PART
    THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW
    NOTWITHSTANDING THIS LIMITATION;
  • (xv) INTENTIONALLY INTERFERE WITH OR DAMAGE OPERATION OF THE Smart Pickle SERVICE OR ANY USER’S ENJOYMENT OF THEM, BY ANY MEANS, INCLUDING UPLOADING OR OTHERWISE DISSEMINATING VIRUSES, ADWARE, SPYWARE, WORMS, OR OTHER MALICIOUS CODE;
  • (xvi) TAKE ANY ACTION THAT IMPOSES OR MAY IMPOSE (IN Smart Pickle’S SOLE DISCRETION) AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON Smart Pickle’S INFRASTRUCTURE;
  • (xvii) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF THE Smart Pickle SERVICE OR ANY ACTIVITIES CONDUCTED ON THE Smart Pickle SERVICE;
  • (xviii) BYPASS ROBOT EXCLUSION HEADERS OR OTHER MEASURES Smart Pickle MAY USE TO PREVENT UNAUTHORIZED ACCESS TO THE Smart Pickle SERVICE;
  • (xix) UPLOAD OR POST ANY USER CONTENT THAT CONTAINS ADVERTISING OR OTHER PROMOTIONAL MATERIAL, INCLUDING LINKS TO SUCH MATERIAL UNLESS EXPRESSLY AUTHORIZED BY Smart Pickle AND COMPLIES WITH THESE GENERAL TERMS AND CONDITIONS OF USE.
  1. Smart Pickle does not guarantee any confidentiality with respect to any User Content User uploads onto or creates
    on the Smart Pickle Service for the purposes of offer or promotion creation, scheduling, and sending to User’s
    customers. Business and User personal information is maintained as confidential information.
  • Termination; Terms of Use Violations
  1. Smart Pickle’s right to suspend or terminate.
    User hereby agrees that Smart Pickle, in its sole discretion
    and without penalty, may suspend or terminate any account (or any part thereof) User may have with Smart Pickle,
    or User’s use of the Smart Pickle Service, and remove and discard all or any part of User’s User Account, and
    any User Content, at any time subject to violations of these General Terms and Conditions of use. Smart Pickle
    may also in its sole discretion, and at any time, discontinue providing access to the Smart Pickle Service, or
    any part thereof, with or without notice. User agrees that any termination or suspension of User’s access
    to the Smart Pickle Service or any account that User may have – or portion thereof – may be carried out by Smart Pickle
    without prior notice, and that Smart Pickle will not be liable vis-a-vis User or any third-party for any such
    termination and/or suspension. Additionally, Smart Pickle reserves the right to modify, discontinue, and restrict,
    temporarily or permanently, all or part of the Service without notice in its sole discretion. Neither Smart Pickle
    nor its suppliers or licensor’s will be liable to any person or to any third-party for any modification,
    discontinuance, or restriction of the Service. Furthermore, Smart Pickle reserves the right to refer any suspected
    fraudulent, abusive, or illegal activity to appropriate law enforcement authorities. These remedies are in
    addition to any other remedies Smart Pickle may have at law.
  2. User’s termination.
    User’s only remedy with respect to any dissatisfaction with (i) the Smart Pickle Service, (ii) any term of this
    General Terms and Conditions of use, (iii) any policy or practice of Smart Pickle in operating the Smart Pickle Service,
    or (iv) any content or information transmitted through the Smart Pickle Service, is to terminate this General
    Terms and Conditions of use and cancel User’s account through the specific tools in the User Account. User
    may terminate this General Terms and Conditions of use at any time by discontinuing use of any and all parts
    of the Smart Pickle Service and canceling the subscription within the User Account. User’s account shall remain
    active until the end of the current billing cycle at which time the User Account will become suspended and
    User access may be denied by Smart Pickle. Smart Pickle, at its sole discretion, will not rebate or refund any monies
    for the billing cycle in which User cancels the subscription.
  3. Multiple Locations Termination.
    In the event that User reduces extra locations under subscription in their User Account, the subscription
    rate will be adjusted accordingly in following billing cycle, but no rebate or refund will be provided to
    User for the current billing cycle.
  • Reseller Policy
  1. Smart Pickle denies the right to re-sell offers and promotions. Any attempt or action to resell any of Smart Pickle’s offers,
    services, or IP will result in immediate termination of access to the Smart Pickle Service and Smart Pickle reserves
    the right to pursue any and all other remedies to prohibit violation of this section 5 that Smart Pickle may have
    at law.
  • Disclaimer
  1. THE Smart Pickle SERVICE AND/OR CONTENT AND/OR MATERIALS ON THE Smart Pickle SERVICE, ARE PROVIDED ON AN “AS IS” BASIS
    WITH NO WARRANTIES WHATSOEVER.
  2. Smart Pickle, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS
    OR WARRANTIES OF ANY KIND WHATSOEVER TO USER OR ANY OTHER PERSON RELATING IN ANY WAY TO THE Smart Pickle SERVICE
    AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
  3. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WITH RESPECT TO THE Smart Pickle SERVICE AND/OR CONTENT AND/OR MATERIALS
    ON THE Smart Pickle SERVICE, Smart Pickle, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS
    DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING,
    WITHOUT LIMITATION, ANY:
  4. (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
  5. (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS;
  6. (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE Smart Pickle SERVICE, OR ANY
    PART THEREOF;
  7. (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE Smart Pickle SERVICE;
  8. (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE Smart Pickle SERVICE; AND
  9. (vi) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF Smart Pickle,
    ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.
  1. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, Smart Pickle MAKES NO WARRANTY THAT THE Smart Pickle
    SERVICE WILL MEET USER’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE Smart Pickle
    SERVICE MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET, ACTS OF GOD AND EVENTS
    OUT OF THE CONTROL OF Smart Pickle.
  2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Smart Pickle, Smart Pickle SUPPORT, OR THROUGH
    THE Smart Pickle SERVICE WILL CREATE ANY WARRANTY. USER UNDERSTANDS AND AGREES THAT USER’S USE, ACCESS, DOWNLOAD,
    OR OTHERWISE OBTAINING OF INFORMATION, MATERIALS, OR DATA THROUGH THE Smart Pickle SERVICE OR ANY THIRD-PARTY
    SERVICES TAKE PLACE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
    TO USER’S PROPERTY (INCLUDING USER’S COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE
    OF SUCH MATERIAL OR DATA.
  3. The Smart Pickle Service may contain CONTENT FROM, OR links to, Web pages, content, ANNOUNCEMENTS, OR OTHER SUCH INFORMATION
    of third parties (“Third-Party Content”) as a service to those interested in this information. Smart Pickle does
    not monitor, endorse, or adopt, or have any control over any Third-Party Content. Smart Pickle undertakes no responsibility
    to update or review any Third-Party Content and can make no guarantee as to its accuracy, completeness, OR
    APPLICABILITY OF USE.
  4. From time to time, Smart Pickle may provide contextual guidance and information related to events and situations (also
    known as Affecters) which may be used to inform users IN REGARD TO their marketing decisions. This information
    is provided by Smart Pickle without warranty of accuracy or timeliness. USER ACKNOWLEDGES THAT Smart Pickle HAS NO
    CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS. AND Smart Pickle HAS NO RESPONSIBILITY
    FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH provided content.
  5. All offers and promotions (including templated material) featured as a part of the Smart Pickle Service are subject
    to change without notice. Smart Pickle has no control over the legality of any discounts, or the ability of any
    business to complete the sale in accordance with User’s offers or promotions. Smart Pickle cannot guarantee the
    frequency of offers/promotions, or availability of offers and promotions.
  • User Responsibility
  1. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, All Users of the Smart Pickle SERVICE bear sole
    and exclusive responsibility for content and contributions input by them and for activities undertaken by
    them. Smart Pickle does not AUDIT OR OTHERWISE MODERATE user content or other user input prior to its TRANSMISSION
    TO USER’S CUSTOMERS.
  2. all users of the Smart Pickle service are responsible for the redemption, errors, omissions, scheduling, availability,
    expiration, or other terms and conditions of User’s offers or promotions. It is User’s responsibility to
    make sure that a discount, special pricing, free offer, or other incentive is present in the booking, redemption,
    or checkout process at the applicable business location.
  3. User is responsible for accuracy in regard to redemption logging of promotions created and sent with the Smart Pickle
    service. Smart Pickle cannot guarantee accuracy of redemption logging statistics and any calculations or analytics
    based upon user redemption logging.
  • Limitation of Liability
  1. IN NO EVENT SHALL Smart Pickle, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ANY
    THIRD-PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE Smart Pickle SERVICE BE LIABLE IN ANY MANNER AND
    UNDER ANY THEORY OF LIABILITY WHATSOEVER FOR ANY LOSSES AND/OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED
    TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF:
  2. (i) THE Smart Pickle SERVICE;
  3. (ii) USER’S ACCESS, USE, OR INABILITY TO USE THE Smart Pickle SERVICE;
  4. (iii) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
    COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA), BUSINESS
    INTERRUPTION, AND DAMAGES RESULTING FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR
    LOSS OF THE USE OF THE Smart Pickle SERVICE;
  5. (iv) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND
    USE OF THE Smart Pickle SERVICE;
  6. (v) ANY UNAUTHORIZED ACCESS TO OR USE OF Smart Pickle’S SECURE DATABASE AND/OR ANY AND ALL PERSONAL IDENTIFIABLE
    INFORMATION STORED THEREIN;
  7. (vi) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE Smart Pickle
    SERVICE BY ANY THIRD-PARTY.
  1. IN NO EVENT SHALL Smart Pickle’S, OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS,
    OR SUPPLIERS’ TOTAL LIABILITY TO USER FOR ANY AND ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION ARISING OUT
    OF OR RELATING TO THESE GENERAL TERMS AND CONDITIONS OF USE OR USER’S USE OF THE Smart Pickle SERVICE OR USER’S
    INTERACTION WITH OTHER Smart Pickle SERVICE USERS, EXCEED THE TOTAL AMOUNTS PAID BY USER, IF ANY, TO Smart Pickle DURING
    THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
  2. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY USER BY REASON OF ANY PRODUCTS
    OR SERVICES SOLD, OR PROVIDED ON ANY THIRD-PARTY SERVICES OR OTHERWISE, BY THIRD PARTIES OTHER THAN Smart Pickle
    AND RECEIVED THROUGH, OR ADVERTISED ON, THE Smart Pickle SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.
  • Indemnification
  1. User agrees to indemnify, defend and hold harmless Smart Pickle, its officers, directors, employees, affiliates, agents,
    licensors, suppliers, successors, assignees from and against any losses, claims, damages, liabilities, including
    legal fees and expenses, arising out of:
  2. (i) any claim due to or arising out of User’s violation of these General Terms and Conditions of use,
    including but not limited to a claim arising out of a breach of User’s representations or warranties
    made hereunder;
  3. (ii) User’s use or misuse of or access to the Smart Pickle Service;
  4. (iii) User’s violation of any law, regulation or third-party right, including without limitation any
    copyright, property, or privacy right; OR
  5. (iv) any claim that User or the User Content caused damage to a third-party.
  1. Smart Pickle reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for
    which User is required to indemnify Smart Pickle, and User agrees to cooperate with Smart Pickle’s defense of these
    claims.
  2. Assignment of these General Terms and Conditions of use, and any rights and licenses granted hereunder, may not
    be transferred or assigned by User, but may be assigned by Smart Pickle without restriction.
  • Waiver and Severability
  1. The failure to require performance of any provision shall not affect Smart Pickle’s right to require performance at
    any time thereafter, nor shall a waiver of any breach or default of these General Terms and Conditions of
    use, or any future policies instituted by Smart Pickle (“Additional Policies”), constitute a waiver of any subsequent
    breach or default or a waiver of the provision itself. If any portion of these General Terms and Conditions
    of use and/or the Additional Policies is found to be unenforceable, such portion will be modified to reflect
    the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions
    of these General Terms and Conditions of use and/or Additional Policies shall remain in full force and effect.
  • Survival
  1. Upon termination of these General Terms and Conditions of use, any provision which, by its nature or express
    terms should survive, will survive such termination or expiration, including, but not limited to, clauses
    3.4, 3.5, and sections 0, 5, 6, 7, 8, 9, and 10.
  • Notices
  1. Smart Pickle may provide User with notices, including those regarding changes to these General Terms and Conditions
    of use or any Additional Policies, by email, regular mail, or postings on the User Account. Notices posted
    on the Smart Pickle Service are deemed accepted 30 days following the initial posting.
  • Choice of Law and Forum
  1. These General Terms and Conditions of use shall be governed and construed in accordance with the laws of the
    state of Oregon. Any dispute arising out of or relating to the validity, interpretation, application, performance
    and/or termination of these General Terms and Conditions of use, or User access or use of the Smart Pickle Service
    shall be subject to the exclusive jurisdiction the state of Oregon.
  • Headings
  1. The heading references herein are for convenience purposes only, do not constitute a part of these General Terms
    and Conditions of use, and will not be deemed to limit or affect any of the provisions hereof.
  • No Agency
  1. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or
    created by these General Terms and Conditions of use.
  • BETA Smart Pickle SERVICE PROPRIETARY RIGHTS AND CONFIDENTIALITY
  1. Proprietary Rights.
    Smart Pickle, its affiliates or licensors retain all rights, title, and interest to the Smart Pickle Service and all related intellectual
    property and proprietary rights. The Smart Pickle Service and all third-party software provided with the Smart Pickle
    Service is protected by applicable copyright, trade secret, industrial, and other intellectual property laws.
    Smart Pickle owns all right, title and interest in all software, programming, documentation, templates, questionnaires,
    methodologies, models, charts, reports, and any other items used to deliver the Smart Pickle Service or made available
    to User as a result of the Smart Pickle Service and access to and use of the relevant Services will be governed
    by the terms of this General Terms and Conditions of use. Smart Pickle reserves any rights not expressly granted
    to User in this General Terms and Conditions of use.
  2. Confidential Information.
    Confidential information means all proprietary or confidential information that is disclosed by Smart Pickle to User, and includes,
    among other things:
  3. (i) any and all information relating to the Smart Pickle Service or services provided by Smart Pickle, its financial
    information, software code, templates, techniques, specifications, development and marketing plans,
    product roadmaps, strategies, and forecasts;
  4. (ii) the terms of this General Terms and Conditions of use; and
  5. (iii) feedback provided by User.
  1. Confidential Information does not include information that User can show: (A) was rightfully in User’s possession without
    any obligation of confidentiality before receipt from Smart Pickle; (B) is or becomes a matter of public knowledge
    through no fault of User; (C) is rightfully received by User from a third-party without violation of a duty
    of confidentiality; or (D) is or was independently developed by or for User. User may not disclose Confidential
    Information of Smart Pickle to any third-party or use the Confidential Information in violation of this General
    Terms and Conditions of use. In the event User becomes legally compelled to disclose any Confidential Information,
    User shall provide Smart Pickle with prompt prior written notice of such requirement so that Smart Pickle may seek
    a protective order or other appropriate remedy. If such protective order or other remedy is not obtained,
    or if Smart Pickle waives in writing compliance with the terms of this General Terms and Conditions of use, User
    agrees to furnish only that portion of the information which User is advised by written opinion of counsel
    is legally required and to exercise reasonable efforts to obtain confidential treatment of such information.
    User (i) will exercise the same degree of care and protection with respect to the Confidential Information
    that it exercises with respect to its own confidential information, and (ii) will not, either directly or
    indirectly, disclose, copy, distribute, republish, or allow any third-party to have access to any Confidential
    Information. Notwithstanding the foregoing, User may disclose Confidential Information to User’s employees
    and agents who have a need to know provided that such employees and agents have legal obligations of confidentiality
    substantially the same (and in no case less protective) as the provisions of this General Terms and Conditions
    of use.
  2. Unauthorized Disclosure of Confidential Information.
    If User becomes aware of any unauthorized use or disclosure of Confidential Information, then User will promptly and fully
    notify Smart Pickle of all facts known to it concerning such unauthorized use or disclosure. In addition, if
    User or any of its employees or agents are required (by oral questions, interrogatories, requests for information,
    or documents in legal proceedings, subpoena, civil investigative demand, or other similar process) to disclose
    any of the Confidential Information, User will not disclose the Confidential Information without providing
    Smart Pickle with commercially reasonable advance prior written notice to allow Smart Pickle to seek a protective order
    or other appropriate remedy or to waive compliance with this provision. In any event, User will exercise
    its commercially reasonable efforts to preserve the confidentiality of the Confidential Information, including,
    without limitation, cooperating with Smart Pickle to obtain an appropriate protective order or other reliable
    assurance that confidential treatment will be accorded to the Confidential Information.

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Privacy Statement

Smart Pickle

Privacy Statement

Thanks for using Smart Pickle or visiting one of our websites, or using one of our applications or services. This Privacy Statement (“Privacy Statement”) explains how Smart Pickle, LLC (“Smart Pickle,” “us,” “our,” and “we”) uses your information and applies to all who use our website – www.smartpickle.com, mobile applications, touch technologies, electronic services, online services – or any of our described online activities we own or control (collectively, the “Site”). In addition, please review Smart Pickle’s General Terms and Conditions (find above) of use (“Terms of Service”) which governs your use of the Smart Pickle’s products or services (the “Smart Pickle Service”), and includes, among other things, grants of rights from you, limits on our liability and your remedies, mandatory arbitration, and waiver of jury trial and class actions. By using our Site, you agree to our Terms of Service and consent to our collection, use, and sharing of your information and data, and other activities, as described below. We take your privacy extremely seriously, and we never sell contact lists or email addresses.

This Privacy Statement is effective as of February 12, 2018 (the “Effective Date”).

THE BASICS

  1. Definitions
    These definitions should help you understand this policy.When we say “we,” “us,” “our,” and “Smart Pickle,” we are referring to Smart Pickle, LLC, a State of Oregon limited liability company. We provide online desktop and mobile platforms and applications that you may use to build promotions to market to, or stay in contact with others.When we say “Promotions” this is any message built within Smart Pickle’s online application, website or mobile platform referred to as Smart Pickle Service. These Promotions are sent to your Contacts (as defined in this Definitions section), including creating, sending, and managing communications via emails, SMS messages, social media posts, in-app messages, and any other messages related to your Contacts.When we say “User,” we are referring to the person or entity that is registered with us to use the Smart Pickle Service. When we say “you,” we are referring either to a User or a person who visits any of our Websites or Applications (as defined in this Definitions section).When we say “Application” or “Website” we are referring to the on-line or mobile platform by which the User interacts with the Smart Pickle Service. This Privacy Statement applies to this specific Website, as well as any other sites or mobile Applications owned or operated by us (each “Website” and together the “Websites”). The “Websites” include the websites themselves, and any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online, mobile, or wireless offerings that post a link to this Privacy Statement, whether accessed via computer, mobile device, or other technology, manner, or means.A “Contact” is a person you communicate with through the Smart Pickle Service, or a person who you might choose to contact at some point in the future through the use of the Smart Pickle Service, and anyone about whom you have given us information.A “Contacts list” is a list of Contacts and all associated information related to those Contacts (for example, email addresses).“Personal Information” means any information that identifies or can be used to identify you or a Contact, directly or indirectly, including, but not limited to, first and last name, address, date of birth, email address, phone number, social media profile, gender, occupation, or other demographic information.While providing the Smart Pickle Service, and as described in more detail below, we may collect Personal Information about a Website visitor, User, person, or email address on or related to a Contacts list, or Contact.
  2. Changes
    We may modify this Privacy Statement at any time and from time to time. The most recent version of the Privacy Statement is reflected by the version date located at the bottom of this Privacy Statement. If we make any material changes, these changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this Privacy Statement or other notice on the Website, via email, or by notification within the application. We encourage you to review this Privacy Statement often to stay properly informed of changes that may affect you, as your continued use of the Website signifies your continuing consent to be bound by this Privacy Statement. Our electronically or otherwise properly stored copies of this Privacy Statement are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Statement which were in effect on each respective date you visited the Website. You can determine when this Privacy Statement was last revised by referring to the “Effective Date” above.
  3. ‍Scope This Privacy Statement is effective with respect to any data that we have collected, or will collect, about and/or from you, according to our Terms of Service.
  1. Questions & Concerns
    If you have any questions or comments, want to update, delete, or change any personal information we hold, or you have a concern about a privacy matter, please use our contact form or chat interface to send us a message. You may also contact us by postal mail or email at: Attn: Smart Pickle Privacy 250 Princeton Ave. Suite 104, Gladstone, Oregon, 97068 support@smartpickle.com

‍YOUR INFORMATION

Information We Collect

  • a. Information you voluntarily provide to us: When you sign up for and use the Smart Pickle Service, consult with our customer support team, send us an email, integrate the Smart Pickle Service with another website or service (for example, when you choose to connect your social media accounts with Smart Pickle), or communicate with us in any way, you are voluntarily giving us information that we collect. include, but is not limited to, your or your Contacts’ name, physical address, email address, social media accounts, IP address, phone number(s), as well as details including gender, occupation, location, purchase history, and other demographic information. We do not and will not collect or store any credit card numbers. By giving us this information, you consent to this information being collected, used, disclosed, and stored by us, as described in our Terms of Service and in this Privacy Statement.
  • b. Information we collect automatically: When you use the Smart Pickle Service, or browse one of our Websites, we may collect information about your visit to our Websites, your usage of the Smart Pickle Service, and your web browsing. That information may include your IP address, your operating system, your browser ID, your browsing activity, and other information about how you interacted with our Websites or other websites. We may collect this information as a part of log files as well as through the use of cookies or other tracking technologies. Contact support@smartpickle.com for more information on our use of cookies and other tracking technologies.
  • c. List, SMS, social media, and email information: When you add a Contacts list or communicate to a Contact with the Smart Pickle Service, we have and may access the data on your list and the information in your communication.
  • d. Information from your use of the Smart Pickle Service: We may receive information about how and when you use the Smart Pickle Service, store it in log files or other types of files associated with your account, and link it to other information we collect about you. This information may include, for example, your IP address, time, date, browser used, and actions you have taken within the application. This type of information helps us to improve the Smart Pickle Service for both you and for all of our users.
  • e. Cookies and tracking: We and our partners may use various technologies to collect and store information when you use the Smart Pickle Service, and this may include using cookies and similar tracking technologies on our Website, such as pixels and web beacons, to analyze trends, administer the website, track users’ movements around the website, and gather demographic information about our user base as a whole. You may manage how your browser handles cookies by adjusting its privacy and security settings at the individual browser level. For more information about our use of cookies and other tracking technologies, as well as how to opt out of the use of cookies, please contact support@smartpickle.com.
  • f. Web beacons: We use web beacons on our Websites and in our Promotions. When we send Promotions to Users or Contacts of the User, we may track behavior such as who opened the emails, who engaged on social media, and who clicked the links. This allows us to measure the performance of your communication and to improve our features for specific segments of Users. To do this, we may include single pixel gifs, also called web beacons, in messages we send. Web beacons allow us to collect information about when Users or Contacts open the email, their IP address, their browser or email client type, and other similar details. Reports are also available to us when we send email to you, so we may collect and review that information.
  • g. Information from other sources: From time to time we may obtain information about you or your Contacts from third-party sources, such as public databases, social media platforms, third-party data providers and our joint marketing We take steps to ensure that such third parties are legally permitted or required to disclose such information to us. Examples of the information we may receive from other sources include: demographic information, device information (such as IP addresses), location, and online behavioral data (such as information about your use of social media websites, page view information and search results and links). We use this information, alone or in combination with other information (including Personal Information) we collect, to enhance our ability to provide relevant suggestions, marketing and content to you, and to develop and provide you with more relevant products, features, and services.
  • h. Information from the use of our Mobile Apps: When you use our mobile apps, we may collect certain information in addition to information described elsewhere in this Policy Statement. For example, we may collect information about the type of device and operating system you use. We may ask you if you want to receive push notifications about activity in your account. If you have opted in to these notifications and no longer want to receive them, you may turn them off through your operating system. We may also collect information about how often you use the application and other performance data.

Use and Disclosure of Personal Information
We may use and disclose Personal Information only for the following purposes:

  • a. To promote use of the Smart Pickle Service to you and others. If we collect your Personal Information when you visit our Website and do not sign up for the Smart Pickle Service, we may send you an email inviting you to sign up. In addition, we may use information we collect in order to advertise the Smart Pickle Service to you or suggest additional features of the Smart Pickle Service that you might consider using. For more information on how we use cookies or other tracking technologies for these purposes, as well as how to opt out of the use of cookies, please contact support@smartpickle.com.
  • b. To send you informational and promotional content in accordance with your marketing preferences. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email, or by replying with “STOP” to any SMS message.
  • c. To bill and collect money owed to us by our Users. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number entered for billing purposes. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see “Safeguarding Your Information” below.
  • d. To send you System Alert messages. For example, we may inform you of temporary or permanent changes to the Smart Pickle Service, such as planned outages, new features, version updates, releases, abuse warnings, and changes to our Privacy
  • e. To communicate with our Users about their account and provide customer support.
  • f. To enforce compliance with our Terms of Service and applicable law. This may include developing tools and algorithms that help us prevent violations.
  • g. To protect the rights and safety of our Users and third parties, as well as our own.
  • h. To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
  • i. To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
  • j. To prosecute and defend a court, arbitration, or similar legal proceeding.
  • k. To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
  • l. To provide, support, and improve the Smart Pickle Service we offer. This includes our use of the data that our Users provide us in order to enable our Users to use the Smart Pickle Service to communicate with their Contacts. This also includes, for example, aggregating information from your use of the Smart Pickle Service or visit to our Websites and sharing this information with third parties to improve the Smart Pickle Service. This might also include sharing your information or the information you provide us about your Contacts with third parties in order to provide and support the Smart Pickle Service or to make certain features of the Smart Pickle Service available to you. When we do have to share Personal Information with third parties, we take steps to protect your information by requiring these third parties to enter into a contract with us that requires them to use the Personal Information we transfer to them in a manner that is consistent with this policy.
  • m. To provide suggestions to you. This includes notifications, tips, and other in regard to how to improve your use of the Smart Pickle Service, as well as using data to suggest products or Smart Pickle Service that you may be interested in or that may be relevant to you or your Contacts.
  • n. To transfer your information in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Statement, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Website.

Combined Information: We may combine Personal Information with other information we collect or obtain about you (such as information we source from our third-party partners), to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this Privacy Statement. When we combine Personal Information with other information in this way, we treat it as, and apply all of the safeguards in this Privacy Statement applicable to, Personal Information.

Data Collected for and by our Users
As you use the Smart Pickle Service, you may import into our system Personal Information you have collected from your Contacts or other individuals. We have no direct relationship with your Contacts or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals. Consistent with the uses of Personal Information covered in Section 5, we may transfer Personal Information of you or your Contacts to companies that help us promote, provide, or support the Smart Pickle Service or the services of our Users (“Service Providers”). All Service Providers enter into a contract with us that protects Personal Information and restricts their use of any Personal Information consistent with this policy. As part of the Smart Pickle Service, we may use and incorporate into features information you have provided, we have collected from you, or we have collected about Contacts. We may share this information, including Contact email addresses and phone numbers, with third parties in line with the approved uses in Section 5.If you are a Contact and no longer want to be contacted by one of our Users, please unsubscribe directly from that Users’ communication or contact the User directly to update or delete your data. If you contact us, we may remove or update your information within a reasonable time and after providing notice to the User of your request.We will retain Personal Information we process on behalf of our Users for as long as needed to provide the Smart Pickle Service or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.

Public Information and Third-Party Websites

  • a) Blog We have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blog and you want it removed, contact us here. If we are unable to remove your information, we will tell you why.
  • b) Social media platforms and widgets. Our Websites include social media features including connections to social media platforms which may collect information about your IP address and which page you are visiting on our Website, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third-party or hosted directly on our Website. We may also maintain presences on social media platforms including Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.
  • c) Links to third-party websites. Our Websites include links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy statement of any Website you visit.

Third-Party Service Providers
Sometimes, we share your information with our third-party Service Providers, who help us provide and support the Smart Pickle Service. For example, if it is necessary to provide you something you have requested (like send your Promotions to your Contacts through your social media channels), then we may share your and/or your Contacts’ Personal Information with a Service Provider for that purpose. Just like with the other third parties we work with, these third-party Service Providers enter into a contract that requires them to use your Personal Information only for the provision of services to us and in a manner that is consistent with this policy. Examples of Service Providers include payment processors, hosting services, and content delivery services such as email, SMS, or social media platforms.

Contest and Sweepstakes
We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on our Websites or through social media (collectively “Our Promotions”). Participation in Our Promotions is completely voluntary. Information requested for entry may include personal contact information such as your name, address, date of birth, phone number(s), email address, username, and similar details. We use the information you provide to administer Our Promotions. We may also, unless prohibited by the promotion’s rules or law, use the information provided to communicate with you, or other people you select, about the Smart Pickle Service. We may share this information with our affiliates and other organizations or Service Providers in line with this policy and the rules posted for the promotion.

Content of Promotions and Other Communications
When you send a promotion or other communication from the Smart Pickle Service, it bounces from server to server as it crosses the Internet. Along the way, server administrators can read what you send. Email was not built for confidential information. Social media posts were equally not build for confidential information. Please do not use the Smart Pickle Service to send confidential information.Sometimes we review the content of our Users’ promotions and communications to their Contacts to make sure they comply with our Terms of Service. To improve that process, we have software that helps us find offers that may violate these terms. Our employees or independent contractors may review those particular communications. This benefits all Users who comply with our Terms of Service because it reduces the amount of spam being sent through our servers and helps us maintain high deliverability of communications provide through the Smart Pickle Service.

Your Contacts
A Contact can be created in a number of ways, including by importing contacts, such as through csv or directly from your email client, social media platform, or phone list. Your Contacts are stored on a secure Smart Pickle server. We do not, under any circumstances, sell your Contacts information. If someone on your Contacts list complains or contacts us, we might then contact that person. Only authorized employees have access to view Contacts lists. You may export (download) your Contacts lists from Smart Pickle at any time.We will use and disclose the information in your Contacts lists only for the reasons discussed in Sections 5 – 9. We will not use and disclose the information in your Contacts lists to:

  • bill or collect money owed to us;
  • send you system alert messages;
  • communicate with you about your account; or
  • send you informational and promotional content.
  1. If we detect abusive or illegal behavior related to your Contacts list, we may share your Contacts list or portions of it with affected ISPs or anti-spam organizations.

SECURITY

  1. Notice of Breach of Security
    If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Contacts lists, then Smart Pickle will notify you as soon as possible and later report the action we took in response.
  2. Safeguarding Your Information
    We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.Our credit card processing vendor uses security measures to protect your information both during the transaction and after it is complete. Our vendor is certified as compliant with card association security initiatives, including the Visa Cardholder Information Security and Compliance (CISP), MasterCard® (SDP), and Discovery Information Security and Compliance (DISC). We also perform annual SOC II audits. If you have any questions about the security of your Personal Information, you may contact us at privacy@smartpickle.com.Smart Pickle accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third-party. Because the information in your Contacts lists is so sensitive, account passwords are encrypted, which means we cannot see your passwords. We cannot resend forgotten passwords either. We will only reset them.

COMPLIANCE

  1. We Operate in the United States
    Our servers and offices are located in the United States, so your information will be stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy, including offering a data processing agreement. By using our Websites, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this policy.
  2. Accuracy and Retention of Data
    We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes (for example, if you have a new email address), then you are responsible for notifying us of those changes. Upon request, we will provide you with information about whether we hold, or process on behalf of a third-party, any of your Personal Information. We will retain your information for as long as your account is active or as long as needed to provide you with the Smart Pickle Service. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our Terms of Service
  3. Access
    We will give an individual, either you or a Contact, access to any Personal Information we hold about them within 30 days of any request for that information. Individuals may request to access, correct, amend or delete information we hold about them by contacting us here. Unless it is prohibited by law, we will remove any Personal Information about an individual, either you or a Contact, from our servers at your or their request. There is no charge for an individual to access or update their Personal Information.
  1. California Privacy
    Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship:
  • a) a list of the categories of Personal Information, such as name, email and mailing address and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and
  • b) the names and addresses of all such third-parties. To request the above information, please contact us through our contact form or email at support@smartpickle.com.

Do Not Track Disclosure
“Do Not Track” is a standard that is currently under development. Because it is not yet finalized, Smart Pickle adheres to the standards in this policy and does not monitor or follow any Do Not Track browser requests. That said, some of our features may have the ability to monitor or follow Do Not Track browser requests.Thanks for taking the time to learn about Smart Pickle’s Privacy Statement, and thanks for trusting us to handle your email, SMS, and social media promotions.

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