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”).
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.
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.
- 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.
- 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 firstname.lastname@example.org
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.
- 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.
- 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:
- 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.
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.
- 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.
- 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.
- 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 email@example.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.
- 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.
- 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
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.
- 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 firstname.lastname@example.org.
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.