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