Smartwaiver Privacy Policy

Revision Date: May 16, 2018



SW Development LLC (“Smartwaiver”, “we,” “us,” “our”) is dedicated to protecting your privacy and the privacy of your customers. This policy explains what data we collect, why we collect it, and what we do with it. We take privacy issues very seriously, and never sell lists, personal information or email addresses. Please read the following to learn more about our Privacy Policy.

Collection and Use of Personal Information

Personal information is data that can be used to uniquely identify or contact a single person.

You may be asked to provide your personal information anytime you are in contact with Smartwaiver or an Smartwaiver affiliated company. Smartwaiver and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising.

Here are some examples of the types of personal information Smartwaiver may collect and how we may use it.

What Personal Information We Collect

  1. When you create an Smartwaiver Member Account, purchase a product, download a software update, or utilize Smartwaiver services, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information.
  2. When you register for and/or participate on Smartwaiver forums, Smartwaiver may collect the information you provide about those people such as name, mailing address, email address, and phone number.
  3. When you use Smartwaiver's product, we collect information about the waivers that you store in the WaiverVault, such as the name of the person signing the waiver and the date that the waiver is signed.

How We Use Your Personal Information

  1. The personal information we collect allows us to keep you posted on Smartwaiver’s latest product announcements, software updates, and upcoming events. It also helps us to improve our services, content, and advertising. If you don’t want to be on our mailing list, you can opt out at anytime by updating your preferences.
  2. We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising.
  3. From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Smartwaiver, you may not opt out of receiving these communications.
  4. We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Smartwaiver’s products, services, and customer communications.
  5. We never use information obtained by "our product" provided by your customers for any purpose other than to index waivers for your retrieval if necessary, and ultimate deletion in accordance with the Smartwaiver Terms of Service.

Collection and Use of Non-Personal Information

We also collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

  1. We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where a Smartwaiver product is used so that we can better understand customer behavior and improve our products, services, and advertising.         
  2. We also may collect information regarding customer activities on our website, and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of the most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.

If we do combine non-personal information with personal information, then the combined information will be treated as personal information for as long as it remains combined.

Cookies and Other Technologies

Smartwaiver’s website, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

Smartwaiver and its partners use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, to deliver ads that relate to your interests, and to measure the effectiveness of ad campaigns.

Smartwaiver and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with Smartwaiver more convenient and personal. Knowing someone using your computer or device has used a particular service helps us make any advertising and email communications more relevant to your interests. And knowing your contact information and information about your computer or device helps us register your products, personalize your operating system, set up your smartwaiver service, and provide you with better customer service.

As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. Smartwaiver may use this information in our marketing and advertising services.

In some of our email messages, we may use a “click-through URL” linked to content on the Smartwaiver website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, then you should not click text or graphic links in the email messages.

Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

Disclosure to Third Parties

At times Smartwaiver may make certain personal information available to strategic partners that work with Smartwaiver to provide products and services, or that help Smartwaiver market to customers. Personal information will only be shared by Smartwaiver to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.

Service Providers

Smartwaiver may share personal information with companies who provide services such as information processing, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever Smartwaiver operates.

Others

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Smartwaiver to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

Protection of Personal Information

Smartwaiver takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

Smartwaiver online services use Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. You must use an SSL-enabled browser such as Chrome, Firefox, Internet Explorer or Safari. Doing so protects the confidentiality of your personal information while it’s transmitted over the Internet.

When you use some Smartwaiver products, services, or applications, or post on a Smartwaiver forum or chat room, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

Your Choices and Opt-Outs

Before we use your personal information for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. An individual may opt-out of such uses of their personal data by contacting us at the address given below. We will not use sensitive personal information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual unless we have received the individual’s affirmative and explicit consent (opt-in).

Opt out requests can be made by either using the unsubscribe link at the bottom of emails you have received from us or can be made by emailing us at privacy@smartwaiver.com.

Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management and you cannot opt out of these messages unless you request to deactivate your Smartwaiver account.

Integrity and Retention of Personal Information

Smartwaiver makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Access to Personal Information

You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at https://www.smartwaiver.com/. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if Smartwaiver is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by emailing privacy@smartwaiver.com

Location-Based Services

To provide location-based services on Smartwaiver products, Smartwaiver and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your Smartwaiver computer or device. This location data is collected anonymously in a form that does not personally identify you and is used by Smartwaiver and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services, if applicable.

Third-Party Sites and Services

Smartwaiver websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

Our Company-wide Commitment to Your Privacy

To make sure your personal information is secure, we communicate our privacy and security guidelines to Smartwaiver employees and strictly enforce privacy safeguards within the company.

Compliance

We Operate in the United States

Our servers and offices are located in the United States, so your information may be transferred to, 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. By using our Smartwaiver, 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.

Data Transfers from the EU or Switzerland to the United States

Smartwaiver participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S Privacy Shield Framework. We are committed to subjecting all Personal Information received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield website: https://www.privacyshield.gov/welcome . A list of Privacy Shield participants is maintained by the Department of Commerce and is available at: https://www.privacyshield.gov/list.

Smartwaiver is responsible for the processing of Personal Information it receives under each Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider JAMS (free of charge to you) at https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim. Under certain conditions, more fully described on the Privacy Shield website, https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

Privacy Questions

If you have any questions or concerns about Smartwaiver’s Privacy Policy or data processing, please contact us at:

Smartwaiver
Attn. Privacy Officer
privacy@smartwaiver.com
626 NW Arizona Ave. Suite 2
Bend, OR  97703

Smartwaiver may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.


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626 NW Arizona Ave Ste #2
Bend, Oregon 97703

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