Smacircle Privacy Policy

DATE OF LAST UPDATE: 19 June 2020​  

Thank you for your interest in Smacircle. Smacircle LMT Ltd. operates http://www.smacircle.com. Here we describe the privacy practices for our devices, applications, software, websites, APIs, products, and services (the “Services”). You will learn about the data we collect, how we use it, the controls we give you over your information, and the measures we take to keep it safe.

Specifically, we’ll cover:

  • Information We Collect
  • How We Use Information
  • How Information Is Shared
  • Your Rights To Access and Control Your Personal Data
  • Data Retention
  • Analytics and Advertising Services Provided by Others
  • Our Policies for Children
  • Information Security
  • Our International Operations and Data Transfers
  • European Privacy Disclosures
  • California Privacy Disclosures
  • Changes to This Policy
  • Who We Are and How To Contact Us

INFORMATION WE COLLECT

When you use our Services, we collect the following types of information.

INFORMATION YOU PROVIDE US

ACCOUNT INFORMATION

Some information is required to create an account on our Services, such as your name, email address, password, and in some cases your mobile telephone number. This is the only information you have to provide to create an account with us. You may also choose to provide other types of information, such as country information.

CONTACT INFORMATION

When you place an order with Smacircle, or contact us for customer service, you may provide us with your contact information including your name, email address, shipping address, billing address, and phone number(s).

PAYMENT AND CARD INFORMATION

When you place an order with Smacircle or engage in financial transactions by using Smacircle Products and Services, you provide your payment information, including your name, credit or debit card number, card expiration date, CVV code, and billing address. We do not store this payment information. We store your delivery address to fulfill your order. Note that third-party payment processors may retain this information in accordance with their own privacy policies and terms.

COMMUNICATIONS

When you contact us, we may collect information about your communications with us, including your contact information, and the time, topic, and content of your communications.

INFORMATION WE RECEIVE FROM YOUR USE OF OUR SERVICES

DEVICE INFORMATION

When you activate Smacircle products, request for after-sales service, you may provide us with information about your Smacircle device, including model and serial number. Our after-sales team may ask for your product information to provide the service you requested.

GEOLOCATION INFORMATION

When you activate the Smacircle app, you may provide us with geolocation information. In order to provide your location, you may be required to enable certain features of your mobile phone (such as Wi-Fi, and Bluetooth).

USAGE INFORMATION

When you access or use our Services, we receive certain usage or network activity information. This includes information about your interaction with the Services, for example, when you view or search content, install applications or software, create or log into your account, pair your device to your account.

COOKIES

We use cookies and other similar technologies (e.g. pixels etc.) on Smacircle websites and online services. Cookies are used to collect information, including personal data, from you. Cookies are small files which, when placed on your device, enable us to provide certain features and functionality.

We also collect data about the devices and computers you use to access the Services, including IP addresses, browser type, language, operating system, or mobile device information (including device and application identifiers), the referring web page, pages visited, location (depending on the permissions you have granted us), and cookie information.

HOW WE USE INFORMATION

We use the information we collect for the following purposes:

  • To operate and provide features of the Smacircle Products and Services, to verify and manage Smacircle user accounts, to provide services and information that you request, and to process and deliver entries and Smacircle in connection with promotions that may be offered from time to time by Smacircle.
  • To maintain and enhance Smacircle Products and Services, to personalize the content you receive and provide you with tailored content that will be of interest to you.
  • To understand and analyze the usage trends and preferences, to improve the Smacircle Products and Services, and to develop new products, services, features, and functionality.
  • To contact you for administrative and informational purposes, including for customer service. We may send direct marketing such as communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. If you are an individual or consumer we will only send you direct marketing with your consent or as permitted by applicable law. You may send unsubscribe requests or withdraw your consent at any time.
  • To detect, prevent, and respond to fraud, abuse, security risks, and technical issues that could harm our users, us, or the public.
  • For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
  • We will aggregate the personal data we collect, such as the number and frequency of your visits to our sites and apps, to produce metrics and statistical information. We use aggregate data to help us understand how the site is being used and to improve its usability. We also use it to enhance the quality and availability of products and services we offer.
  • If you are located in the European Economic Area, we will only use your information when we have a valid legal ground, including when:
  • You have consented to the use of your information, for example, to send you marketing communications.
  • We need to use your information to enter into or perform a contract with you, for example, to deliver Smacircle products, or provide you with customer support and other after-sales services.
  • We need to use your information to comply with a legal obligation, for example, to comply with a court order, subpoena, or warrant.
  • We or a third party have a legitimate interest in using your information. In particular, we have a legitimate interest in using your information to understand and improve our Smacircle Products and Services, and to monitor for and prevent fraud. We only rely on our own or a third party’s legitimate interests to process your information when these interests are not overridden by your rights and interests.

HOW INFORMATION IS SHARED

We will not disclose your information that we collect through Smacircle Products and Services to third parties except as described in this Policy or as we disclose to you at the time the information is collected. We may disclose information to third parties in the following circumstances:

  • We may share your information with our parent company, affiliates and subsidiaries globally when permitted by law, and necessary to provide you with Smacircle Products and Services.
  • Any information that you voluntarily choose to make publicly available by uploading it to a publicly accessible site or venue using SmacircleProducts and Services, or that you otherwise elect to make public, will be available to anyone who has access to that content, including other users.
  • We work with third-party service providers to provide payment facilitation, parcel transportation, application development, traffic monitoring or analysis, electronic messaging, and other services for us. We require these service providers to use or disclose the information they process on our behalf, only as necessary to perform services on our behalf or comply with legal requirements.
  • We may preserve and disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a court order, judicial or other government subpoenas, warrant, or enforceable request.
  • We also reserve the right to preserve and disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activities, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Smacircle Products and Services and any facilities or equipment used to make the Smacircle Products and Services available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
  • Information about our users, including information you provided and any information collected through Smacircle Products and Services, may be disclosed and otherwise communicated to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
  • We may make certain aggregated, de-identified, or non-identifying information about users of Smacircle Products and Services available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; (iii) product safety analysis; or (iv) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality of Smacircle Products and Services.

YOUR RIGHTS TO ACCESS AND CONTROL YOUR PERSONAL DATA

You may update, correct, or delete certain Smacircle account information and preferences by accessing your account-preferences page, available through certain Smacircle Products and Services, including the smacircle.com websites and various mobile applications. If you receive commercial email or text messages from us, you may unsubscribe at any time by following the instructions contained within the email or text message. You may also opt-out from receiving commercial email or text messages from us by sending your request to us by email at support@smacircle.com.

If you are located in the European Economic Area, you may also have the right to request access to additional information, including the right to request access to and receive certain information we maintain about you; to update or correct inaccuracies in the information we maintain about you; to receive a copy of the information which you provided for its transmission to another company; to object to the processing on grounds relating to your particular situation; and to have the information blocked, deleted, or erased, as appropriate. When we process personal data on the basis of your consent, you can also withdraw your consent. If you withdraw your consent, we will apply your preferences going forward, and this will not affect the lawfulness of the processing before you withdraw your consent.

Note, however, that if you exercise your right to object or your rights of blocking, deletion or to be “forgotten,” or if you decline to share certain information with us, or if you withdraw your consent to our processing of information about you, we may not be able to provide to you some, or any, of the features and functionality of Smacircle Products and Services.

Likewise, if you close your Smacircle account, you will not be able to sign in to Smacircle Products or Services or access any of your information. However, you can open a new account at any time. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit, as authorized under applicable law, for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so. In addition, if certain information has already been provided to third parties as described in this Policy, retention of that information will be subject to those third parties’ policies.

If you wish to exercise any rights you have under applicable data protection law, including the right to access, amend or delete any information we hold about you, you may contact us at support@smacircle.com.

DATA RETENTION

We retain your information to provide service to you, or as required by applicable laws or regulations. We aim to retain your information only for the period necessary to fulfill our obligations under this Policy, unless otherwise required or permitted by law. We will carefully assess the need to collect data, the type of data collected, relevant legal framework, and the statute of limitations when determining the retention period.

ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS

We work with partners who provide us with analytics and advertising services. This includes helping us understand how users interact with the Services, serving advertisements on our behalf across the internet, and measuring the performance of those advertisements. These companies may use cookies and similar technologies to collect information about your interactions with the Services and other websites and applications.

OUR POLICIES FOR CHILDREN

Except for certain products that are marked as “14+” or “for customers over the age of 14,” Smacircle Products and Services are not directed to children under the age of 14. We do not knowingly collect information from children under the age of 14 without obtaining parental consent. If we learn that we have collected the personal information of a child under the relevant minimum age without parental consent, we will take steps to delete the information as soon as possible. Parents who believe that their child has submitted personal information to us and would like to have it deleted may contact us at support@smacircle.com.

INFORMATION SECURITY

We work hard to keep your data safe. We use certain physical, organizational, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable and thus we cannot and do not guarantee that your information will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or organizational safeguards. If you have a security-related concern, please contact Customer Support.

OUR INTERNATIONAL OPERATIONS AND DATA TRANSFERS

We operate internationally and your information collected by Smacircle may be transferred to and accessed by Smacircle entities and business partners globally.

We rely on multiple legal bases to lawfully transfer personal data around the world. These include your consent, the EU-US and Swiss-US Privacy Shield, and EU Commission approved model contractual clauses, which require certain privacy and security protections. You may obtain copies of the model contractual clauses by contacting us. Smacircle complies with the Privacy Shield principles regarding the collection, use, sharing, and retention of personal information as described in our Privacy Shield certifications.

Please note that the countries where we operate may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. You agree to this risk when you create a Smacircle account and click “I agree” to data transfers, irrespective of which country you live in. If you later wish to withdraw your consent, you can delete your Smacircle account by contacting the customer support.

EUROPEAN PRIVACY DISCLOSURES

If you live in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, please review these additional privacy disclosures under the European Union’s General Data Protection Regulation (“GDPR”).

YOUR DATA CONTROLLER

Smacircle is your data controller and provides the Services if you live in the EEA, UK or Switzerland.

OUR LEGAL BASES FOR PROCESSING PERSONAL DATA

For personal data subject to the GDPR, we rely on several legal bases to process the data, including:

When you have given your consent, which you may withdraw at any time using your account settings and other tools; When the processing is necessary to perform a contract with you, like the Terms of use; and Our legitimate business interests, such as in improving, personalizing and developing the Services, marketing new features or products that may be of interest, and promoting safety and security as described in the How We Use Information section.

HOW TO EXERCISE YOUR LEGAL RIGHTS

In addition to the various controls that we offer, in certain circumstances, you can seek to restrict our processing of your data or object to our processing of your data based on our legitimate interests, including as described in the How We Use Information section. Under the GDPR, you have a general right to object to the use of your information for direct marketing purposes. Please see your notification settings to control our marketing communications to you about Smacircle products. Please note that you can always delete your account at any time.

If you need further assistance regarding your rights, please contact us at support@smacircle.com, and we will consider your request in accordance with applicable laws.

CALIFORNIA PRIVACY DISCLOSURES

If you are a California resident, please review the following additional privacy disclosures under the California Consumer Privacy Act ("CCPA").

HOW TO EXERCISE YOUR LEGAL RIGHTS

You have the right to understand how we collect, use and disclose your personal information, to access your information, to request that we delete certain information, and to not be discriminated against for exercising your privacy rights. You may exercise these rights using your account settings and tools as described in the Your Rights To Access and Control Your Personal Data section, for example:

By logging into your account and using your account settings, you may exercise your right to access your personal information and to understand how we collect, use, and disclose it. Your account settings also let you exercise your right to delete personal information. Learn more here. If you need further assistance regarding your rights, please contact us at support@smacircle.com, and we will consider your request in accordance with applicable laws.

CATEGORIES OF INFORMATION WE COLLECT, USE, AND DISCLOSE FOR BUSINESS PURPOSES

As described in the Information We Collect section, we collect the categories of personal information listed below. We receive this information from you, your device, your use of the Services, third parties, and as otherwise described in this policy. We use and disclose these categories of information for the business purposes described in the How We Use Information and How Information Is Shared sections, respectively. The categories are:

Identifiers, like your name or username, email address, postal address, phone number, IP address, account ID, device ID, cookie ID, and other similar identifiers.

Commercial information, including your payment information and records of the Services or devices you purchased, obtained or considered (for example, if you added them to your shopping cart on the Smacircle site but did not purchase them).

Internet or other electronic network activity information, such as the usage data we receive when you access or use our Services. This includes information about your interactions with the Services and about the devices and computers you use to access the Services.

Geolocation data, including GPS signals, device sensors, Wi-Fi access points, and mobile mast IDs, if you have granted us access to that information.

Electronic,, visual, or similar information, such as your profile photo or other photos.

Other information that you provide, including account information. We never sell the personal information of our users.

CHANGES TO THIS POLICY

You can review the most current version of the Smacircle Privacy Policy at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these policies posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to this Smacircle Privacy Policy constitutes acceptance of those changes.

HOW TO CONTACT US

If you have questions about this policy or need help exercising your privacy rights, please contact us at support@smacircle.com.