Effective: August 17, 2020
Personal Data Collected
Personal Data is any and all information that relates to you and identifies you as an individual. We collect Personal Data from you in two major ways:
- information that you provide to us (such as name, billing address, email, etc.);
- information about your use of the product (such as technical info like cookies, IP address, etc.).
Smartlycart only collects the least amount of data required to ensure that you have a delightful booking experience. We do not collect “extra” data that is unnecessary to providing you with a delightful booking experience, such as your age or gender.
Information That You Provide
When you use the Smartlycart product, you voluntarily share some personal information with us. These are things like your name, telephone number and products you would like to purchase. If you place an order with us, we’ll not store any of your personal data you provide directly to the service provider.
You can choose which information you feel comfortable providing and which information you’d rather not share. However, there is some information that is required to be collected in order to complete a pirchase. This includes, but is not limited to:
Information Required to Place an Order
- Full legal name of the person making the hotel reservation
- An email address where a confirmation email and receipt can be sent
Information Collected From Use of Smartlycart
- Device Information:This is collected so that we understand the type of device or software you are using to interact with Smartlycart. This information includes things like Desktop of Mobile, Android or Apple, Chrome or Safari, etc. This information helps us better understand how users are engaging with us, and ensures we can provide full support for all devices. For more info on what data is shared, contact your device manufacturer or software provider.
- Cookies and Log Data:These are used to record information about your session. This includes things like your IP address, the date and time of your searches and messages, and cookies or data provided to third-party analytics tools.This information helps us to better understand how you use our site, and what your preferences are.
Information Collected from Third Parties
- Web beacons(also known as clear gifs, pixel tags or Web bugs) are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a web page. We use web beacons to monitor traffic patterns from one page to another, to deliver or communicate with cookies, to understand whether you have come to our site from an online advertisement displayed on a third-party website, and to improve site performance. We also may allow our service providers to use web beacons to track the visitor traffic and actions on our site. This helps us measure the effectiveness of our content and other offerings.
- Other Sources:To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or information to help detect fraud and safety issues, from third party service providers and/or partners, and combine it with information we have about you.
How Personal Data is Used
We ask for and collect the following personal information about you when you use Smartlycart. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
We use the data collected in the previous section in the following ways:
- to improve the Service, and to develop new products, services, features, and functionality;
- to understand and analyze the usage trends and preferences of our users;
- to send you communications subject to applicable laws; or
- to comply with legal and regulatory requirements, where applicable.
We process this personal information for these purposes given our legitimate interest in improving the Smartlycart service, where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.
SMS Policy (U.S.)
By Opting In to a Message Service you expressly authorize Smartlycart to use technology to send text messages to the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on file for your account). You also authorize Smartlycart to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase.
You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact us via the methods described in the Contact Us section. To view and retain an electronic copy of these SMS Terms or the rest of your Opt-In, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on said device.
If you withdraw your consent, certain features of our service may not be available to you. You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In. The Smartlycart Terms & Conditions still will apply if you withdraw the consent mentioned above. After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages. Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. Smartlycart may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these SMS Terms still will apply. Text STOP to any promotional message to Opt Out.
You have choices on the promotional messages that you choose to receive. You can limit the information you provide to Smartlycart. Participation in promotions and marketing programs is voluntary. You can limit the communications that Smartlycart sends to you. To opt-out of marketing emails, simply click the link labeled “unsubscribe” at the bottom of any marketing email we send you or access the notification settings in your Smartlycart Account. To revoke permissions that you may have given to send promotional text messages, text STOP in response to any message. Please note that even if you opt-out of marketing communications, we may still need to contact you with important transactional information about your account. For example, even if you opt-out of emails, we may still send you activity confirmations or fraud alerts.
How Personal Data is Shared
Smartlycart may share your personal data with some third-party partners, such as fraud prevention partners.
By placing an order through Smartlycart, you are authorizing us to share some of your personal data with them in order to place your order for purchase. The only personal information provided to third party partners is the information you enter on the Booking Form, and we have added an extra checkbox to ensure you understand which data is being shared. We encourage all users to review service providers’ privacy policies to understand how their data is being handled once shared.
Other Third-Party Partners that we work with include fraud prevention, business and product analytics, and customer service support. These partners are only given the specific personal data that they require, and nothing else. We have ensured that all of our third-party partners have data collection and processing policies that adhere to GDPR and other legislative requirements.
Personal Data Choices You Have
The personal data that we collect is yours, and so you have choices available to you around what we collect and how it is used. Some of these choices can be communicated to Smartlycart (such as requesting access to or deletion of your information), and others should be communicated to other parties you engage with (such as in your phone settings for whether or not you share location information, etc.).
You can always choose not to provide personal information such as your name, phone number, email address, etc., however this may mean that you are unable to place an order on your behalf.
Managing Your Information
You may access and update some of your information through your Account settings. If your account is tied to a third-party application, like Facebook or WhatsApp, you can change your settings and remove permission for the app in the third party’s website. You are responsible for keeping your personal information up-to-date.
Rectification of Inaccurate or Incomplete Information
You have the right to ask us to correct inaccurate or incomplete personal information about you.
Data Access and Portability
In some jurisdictions, applicable law may entitle you to request certain copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
Data Retention and Erasure
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely." Please note that if you request the erasure of your personal information:
- We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Smartlycart account for fraud or safety reasons, we may retain certain information from that account to prevent that Member from opening a new account in the future.
- We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Smartlycart may keep some of your information for tax, legal reporting and auditing obligations.
- We may retain some copies of your information (e.g., log records) in our database, but they will be disassociated from personal identifiers.
Withdrawing Consent and Restriction of Processing
If we are processing your personal information based on your consent you may withdraw your consent at any time by changing your Account settings or by sending a communication to Smartlycart specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant (under Objection to Processing) and pending the verification whether the legitimate grounds of Smartlycart override your own.
Objection to Processing
In some jurisdictions, applicable law may entitle you to require Smartlycart not to process your personal information for certain specific purposes where such processing is based on legitimate interest. If you object to such processing Smartlycart will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Filing a Request
To request access to, correction of, restriction of, or deletion of any of your personal data and information that we have collected, you can contact us at firstname.lastname@example.org. We will respond to all inquiries within 72 hours.
Personal Data Protection & Information Security
The protection, security and confidential processing of your personal data is a major priority for Smartlycart. Smartlycart does not store credit card information and is PCI SAQ A compliant. We use industry standard 256 bit SSL encryption to store any sensitive data. Of course, any information or data transferred over the internet cannot be 100% guaranteed as safe, however we have implemented all industry standards and best practices to ensure that your data is secure, and to be alerted if this changes. Internally, only authorized staff members are permitted to access your personal information, and they only have access to the data that they need to perform their role. Any and all access of personal information is logged for security purposes.
Smartlycart is in compliance with all applicable data protection laws in the European Economic Area (EEA), which, if applicable to you, include the following rights provided by GDPR:
- Right to Information
- Right to Access
- Right to Rectification
- Right to Withdraw Consent
- Right to Object
- Right to Object to Automated Processing
- Right to be Forgotten
- Right for Data Portability
To learn more about your rights, and for more information on the standards we abide by under GDPR, please visit the GDPR website here.
California Privacy Rights
California law permits Members who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact Us” section for where to send such requests. Smartlycart does not share personal information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent.
Effective January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents, upon a verifiable consumer request, to request that a business that collects consumers’ personal information to give consumers access, in a portable and (if technically feasible) readily usable form, to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with California law, if you choose to exercise your rights, we won’t charge you different prices or provide different quality of services unless those differences are related to your information. See here for information on data subject rights requests and how to submit a request. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government government issued identification, and the authorized agent’s valid government issued identification.
Updates and Questions