Effective date: Jun 5, 2019
Smarkup Limited ("us", "we", or "our") operates the http://www.smarkup.com/ website and the Smarkup Software, productivity tools, applications, software, products and services (hereinafter referred to as the "Service").
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. In addition, a separate Contract (Terms of Service) governs delivery, access and use of the Services, including the processing of any files or other content submitted through our Services. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Service.
This Privacy Policy does not apply to any third party applications or software that integrate with the Services through the Smarkup platform (“Third Party Services”), or any other third party products, services or businesses.
To further clarify. Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Workspace Owner is the controller of Content. In general, Smarkup is the processor of Content and the controller of Personal Data and Usage Data.
We collect several different types of information for various purposes to provide and improve our Service to you.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
If you are the Workspace Owner and you participate in our paid plan, we also collect the Address, State, Province, Country, ZIP/Postal code, City and the rest of required information that you give us for billing purposes.
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through our client or a mobile device ("Usage Data").
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, client version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
There are also Other Information that we collect listed below.
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookie catrgories we use:
Workspace Owner can choose to permit or restrict Third Party Services for their Workspace. Typically, Third Party Services are software that integrate with our Services, and Workspace Owner can permit its Authorized Users to enable and disable these integrations for their Workspace. Once enabled, the provider of a Third Party Service may share certain information with Smarkup. For example, if a cloud storage application is enabled to permit files to be imported to a Workspace, we may receive user name and email address of Authorized Users, along with additional information that the application has elected to make available to Smarkup to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to Smarkup. When a Third Party Service is enabled, Smarkup is authorized to connect and access Other Information made available to Smarkup in accordance with our agreement with the Third Party Provider. We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services.
Smarkup may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.
We receive Other Information when submitted to our Websites or if you participate in a focus group, beta access, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with Smarkup.
Content will be used by Smarkup in accordance with Workspace Owner’s instructions, including any applicable terms in the Terms of Service and Workspace Owner’s use of Services functionality, and as required by applicable law. Smarkup is a processor of Content and Workspace Owner is the controller. Workspace Owner may, for example, use the Services to grant and remove access to a Workspace, assign roles and configure settings, access, modify, export, share and remove Content and otherwise apply its policies to the Services.
Smarkup uses Usage Data and Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, Smarkup uses Data and Other Information:
If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, Smarkup 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.”
If you are from the European Economic Area (EEA), Smarkup Limited legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
Smarkup Limited may process your Personal Data because:
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside Ireland and choose to provide information to us, please note that we may transfer the data, including Personal Data, to Ireland or elsewhere and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.
We may disclose your Personal Data to the following recipients:
We may share information as discussed below, but we won’t sell it to advertisers or other third parties.
Smarkup uses certain trusted third parties (for example, providers of customer support and IT services) to help us provide, improve, protect, and promote our Services. These third parties will access your information only to perform tasks on our behalf in compliance with this Privacy Policy, and we’ll remain responsible for their handling of your information per our instructions. For a list of trusted third parties that we use to process your personal information, please see the "Service Providers" section.
Our Services display information like your name, profile picture, device, and email address to other users in places like your user profile and sharing notifications. You can also share Content with other users if you choose. When you register your Smarkup account with an email address on a domain owned by your employer or organization, we may help collaborators and administrators find you and your Workspace by making some of your basic information—like your name, Workspace name, profile picture, and email address—visible to other users on the same domain. This helps you sync up with workspaces you can join and helps other users share pages and folders with you.
Certain features let you make additional information available to others.
You can also give third-party providers access to your information and account—for example, via Smarkup APIs. Just remember that their use of your information will be governed by their privacy policies and terms.
If you are an Authorized User of a Smarkup Workspace, your Workspace Owners and administrator may have the ability to access and control your account. Please refer to your organization’s internal policies if you have questions about this. If you interact with an user from a different Workspace (by, for example, joining a shared folder or accessing stuff shared by that user), members of that Workspace may be able to view the name, email address, profile picture, and IP address that was associated with your account at the time of that interaction.
If Smarkup Limited is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
Under certain circumstances, Smarkup Limited may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
We may disclose your Personal Data in the good faith belief that such action is necessary to:
Stewardship of your data is critical to us and a responsibility that we embrace. We believe that your data should receive the same legal protections regardless of whether it’s stored on our Services or on your home computer’s hard drive. We’ll abide by the following Government Request Principles when receiving, scrutinizing, and responding to government requests (including national security requests) for your data:
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, you can do that in your account preferences section and workspace preferences section. If you face any issues with it, please contact us.
As listed in our Terms of Service under J.3, You acknowledge and agree that a downgrade results in a decrease in certain features and functionality and potential loss of access to Content, as illustrated by comparing the plans in the Pricing Guide.
In certain circumstances, you have the following data protection rights:
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
To communicate with our Data Protection Officer, please email dpo@smarkup.com.
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use the following Subprocessors to host Personal Data or provide other infrastructure that helps with delivery of our Services
We may use third-party Service Providers to monitor and analyse the use of our Service.
We use behavioral remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
If you're a child under the age of 13, you may not have an account on Smarkup. Smarkup does not knowingly collect information from or direct any of our content specifically to children under 13. If we learn or have reason to suspect that you are a user who is under the age of 13, we will unfortunately have to close your account.
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If you have any questions about this Privacy Policy, please contact us by email at support@smarkup.com