Privacy Policy

This Privacy Policy applies to SMARTKORP’s platform, including the associated SMARTKORP mobile and desktop applications (collectively, the “Services”), smartkorp.comand other SMARTKORP websites (collectively, the “Websites”), and other interactions (e.g., customer support, the SMARTKORP Community, etc.) you may have with SMARTKORP, including the processing of any messages, files, video or audio recordings, or other content submitted through our Services (collectively, “Customer Content”).

This Privacy Policy does not apply to any third-party applications or software that integrate with our Services (“Third-Party Services”), or any other third-party products, services, or businesses.

The organization (e.g., your employer or another entity or person) (“Customer”) that entered into the Terms of Service and any product-specific Terms (together, the “Customer Agreement”) controls its instance of the Services (its “Organization”) and any associated Customer Content. Individuals that are granted access to an Organization by a Customer (“Authorized Users”) routinely submit Customer Content to SmartKorp when using the Services.

If you have any questions about specific Organization settings and privacy practices, please contact the Customer whose Organization you use. If you have received an invitation to join an Organization but have not yet created an account, you should request assistance from the Customer that sent the invitation.

Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of personal data. In general, the Customer is the controller and SMARTKORP is the processor of Customer Content. As the controller for Customer Content, the Customer may, for example, use the Services to grant and remove access to an Organization, assign roles and configure settings, access, modify, export, share, and remove Customer Content, and otherwise apply its policies to the Services. As the processor for Customer Content, SMARTKORP processes Customer Content only on the Customer’s request and in accordance with the Customer’s written instructions, including the applicable terms in the Customer Agreement, the Customer’s use of the Services, and as required by applicable law. For more information about how Customer Content is processed (such as how your personal data is processed, the purpose and legal basis for processing, and your data subject rights), we refer you to the relevant Customer’s privacy notice. SMARTKORP is the controller for certain other categories of data (described in paragraph 3 below). If you have any questions or complaints, or would like to exercise your rights with regard to your personal data, please contact us at contact@smartkorp.com.

Your personal data is provided by you, obtained from third parties, and/or created by us when you use the Services. SMARTKORP may collect and receive Customer Content and other personal data (“Other Data”) in a variety of ways:

Customer Content: Customers or Authorized Users routinely submit Customer Content to SMARTKORP when using the Services.

Other Data: SMARTKORP also collects, generates, and/or receives Other Data:

Generally, no one is under a statutory or contractual obligation to provide any Customer Content or Other Data (collectively, “Personal Data”). However, certain Personal Data is collected automatically and, if some Personal Data, such as Organization setup details, is not provided, we may be unable to provide the Services.

SMARTKORP will use Customer Content in accordance with the Customer’s instructions, including any applicable terms in the Customer Agreement and the Customer’s use of the Services, and as required by applicable law. SMARTKORP uses Other Data for the purposes of our legitimate interests in operating our Services, Websites, and business. More specifically, SMARTKORP uses Other Data:

To provide, update, maintain and protect our Services, Websites and business: This includes the use of Other Data to support the delivery of the Services under a Customer Agreement, including to create or update an Organization, to prevent or address service errors, security or technical issues, and to analyze and monitor usage of the product and its features, trends, and other activities.

As required by applicable law, legal process or regulation.

To support and communicate with you by responding to your requests, comments, and questions. If you contact us, we may use your Other Data to respond.

To develop, test and provide search, learning and productivity tools and additional features: SMARTKORP tries to make the Services as useful as possible.

To improve our Services and troubleshoot new products and features, we may carry out research.

To send emails and other communications:

For billing, account management and other administrative matters: SMARTKORP may need to contact you for invoicing, account management, and similar reasons, and we use account data to administer accounts and keep track of billing and payments.

To investigate and help prevent security issues and abuse.

To manage and to contact you with regard to involvement: We may need to manage and contact you regarding your involvement and participation in the SMARTKORP Community (such as forums, programs, contests, activities, or educational programs hosted by SMARTKORP or a vendor).

If information is aggregated or de-identified so that it can no longer reasonably be associated with an identified or identifiable natural person, SMARTKORP may use it for any business purpose. To the extent information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.”

SMARTKORP will retain Customer Content in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and the Customer’s use of the Services, and as required by applicable law. The deletion of a Customer’s Personal Data may result in the deletion and/or de-identification of an account and certain associated Other Data. SMARTKORP may retain Other Data for as long as necessary for the purposes described in this Privacy Policy. Further, note that we may keep certain types of Other Data after the deactivation of an account for the period needed for SMARTKORP to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes, and enforce our agreements.

This section describes how SMARTKORP may share and disclose personal data. Customers determine their own policies and practices for the sharing and disclosure of personal data. SMARTKORP does not control how they or any other third party chooses to share or disclose personal data. SMARTKORP’s use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. SMARTKORP may share and disclose personal data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and the Customer’s use of the Services, and in compliance with applicable law. Where necessary, we may only share personal data with third parties where we have obtained consent to do so. We may share personal data as follows:

Customer access: Owners, administrators, Authorized Users, and other Customer representatives and personnel may be able to access, modify, or restrict access to personal data. This may include, for example, your employer using Service features to export logs of your activity or accessing or modifying your profile details.

Third-Party Services:Customers may enable Third-Party Services. When enabled, SMARTKORP may access and exchange Customer Content with the provider of a Third-Party Service on the Customer’s behalf. Third-Party Services are not owned or controlled by SMARTKORP, and third parties that have been granted access to personal data may have their own policies and practices for its collection, use, and sharing. Please check the permissions, privacy settings, and notices for these Third-Party Services or contact the relevant provider with any questions.

Partners: We may share personal data with developers, partners, and others we engage to create SMARTKORP applications and/or integrate SMARTKORP features.

During a change to SMARTKORP’s business:If SMARTKORP engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of SMARTKORP’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all personal data may be shared or transferred, subject to standard confidentiality arrangements.

To comply with laws: If we receive a request for personal data, we may disclose personal data if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process.

To enforce our rights, prevent fraud, and for safety: To protect and defend the rights, property, or safety of SMARTKORP, its users, or third parties, including enforcing its contracts or policies, or in connection with investigating and preventing illegal activity, fraud, or security issues, including to prevent death or imminent bodily harm.

SMARTKORP takes the security of personal data very seriously. SMARTKORP strives to protect all Personal Data from loss, misuse, and unauthorized access or disclosure, and we have received internationally recognized security certifications. To learn more about current practices and policies regarding the security and confidentiality of the Services. Given the nature of communications and information processing technology, SMARTKORP cannot guarantee that, during transmission through the internet or while stored on our systems or otherwise in our care, personal data will be absolutely safe from intrusion by others.

Our Services may contain links to websites and services operated by third parties. If you follow a link to any of these websites, please note that these websites have their own privacy notices and terms and conditions. Further, we have no responsibility for, or control over, the information collected by any third-party website, and we cannot be responsible for the protection and privacy of any information which you may provide.