Smart Marketer Privacy Policy
This Privacy Policy (“Policy”) of Mensch Products, LLC doing business as Smart Marketer (“Smart Marketer,” “we,” “us” or “our”) governs how we handle the personal information we collect for our own purposes via Smart Marketer websites, mobile applications, agreements and our social media assets (collectively, “our sites”), and by email in connection with our business development efforts, marketing programs, surveys, offers, events and other promotions. We may obtain this information directly from you as well as from our affiliated companies, business partners and other third parties.
This Privacy Policy sets forth the privacy principles that Smart Marketer follows with respect to personal information transferred from the European Union (EU) to the United States and is in accordance with the agreed upon framework (the “Privacy Shield Framework”) between the US Department of Commerce and the European Commission.
Smart Marketer complies with the EU-U.S. and Swiss-U.S. Privacy Shield framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Smart Marketer’ communications are subject to jurisdiction under the US Federal Trade Commission and has certified that they adhere to the EU-U.S. and Swiss-U.S. Privacy Shield framework of notice, choice, onward transfer, security, data integrity access and enforcement. To learn more about the EU-U.S. and Swiss-U.S. Privacy Shield framework, and to view the Company’s certification, please visit https://www.privacyshield.gov/welcome
Information We Collect or Process
The types of information we may obtain about you include:
- Personal or business contact information (such as name, address and email address, social media, name of your company or department, and your business function or title);
- Demographic information (such as age and gender);
- A general geographic location (such as country and city) from which a visitor accesses our sites;
- Information you provide by interacting with us through our sites, including by submitting questions, commenting on our forums and interacting with us through social media;
- Contact information of individuals with whom you would like to share our content;
- Payment information (such as account or credit card number for processing through our third party payment processor); and
- Other details that you may submit to us or that may be included in the information provided to us by third parties.
The information we may collect automatically includes:
- Usage information. Whenever you visit or interact with our sites, we, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how our sites are accessed and used (“Usage information”). Usage information may include browser type, device type, operating system, application version, the page served, the time, the preceding page views, and your use of features or applications on our sites, as well as search terms that visitors use to reach our sites. This information helps us keep our sites usable for our visitors and allows us to tailor content to a visitor’s interests.
- Device Identifier. We automatically collect your IP address or other unique identifier (“Device Identifier”) for the Device (computer, mobile phone, tablet or other device) you use to access our sites. A Device Identifier is a number that is assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer our sites, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you and your interests, and gather broad demographic information for aggregate use.
- Cookies; Pixel Tags. The technologies used on our sites to collect Usage information, including Device Identifiers, include but are not limited to: cookies (data files placed on a Device when it is used to visit our sites), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies may also be used to associate you with social networking sites like Facebook, Instagram, LinkedIn, Google+, Twitter and, if you so choose, enable interaction between your activities on our sites and your activities on such social networking sites. We, or our partners, may place cookies or similar files on your Device for security purposes, to facilitate site navigation, to perform analytics, and personalize your experience while visiting our sites (such as allowing us to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location or demographic information). A pixel tag may tell your browser to get content from another server.
- To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser’s cookie folder, or prevent tracking activities, please refer to your browser’s tools or help menu or other instructions related to your browser. Because an industry-standard Do-Not-Track protocol has not yet been established, our information collection practices on our sites will continue to operate as described in this online privacy policy regardless of any “Do Not Track” signals that may be sent by certain browsers. However, you may refuse to accept cookies in order to prevent tracking activities. If you disable or opt out of receiving cookies, please be aware that some features and services on our sites may not work properly because we may not be able to recognize and associate you with your account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. We may use third-party website analytics tools that collect automated information about visitor traffic on our sites, such as Google Analytics. You can learn how Google collects and processes data by going to www.google.com/policies/privacy/partners
How We Use the information We Collect
We use the information we collect for a variety of business purposes such as to respond to your questions and requests for services; provide you with access to certain areas and features; purchase history; verify your identity; communicate with you about your account and activities on our sites, modify or change any of our policies; tailor content, advertisements, and offers we serve you; improve our sites; comply with contractual obligations; and for purposes disclosed at the time you provide your personal information or otherwise with your consent. We may also collect information for the following purposes:
- Communicate with you (including by phone or by email) about our products, services, offers, surveys, events and promotions, and offer products and services we believe may be of interest to your company;
- Publish your testimonials about Smart Marketer, including on our sites, forums, blogs, and social media assets (if we choose to publish your testimonial, we will generally only include your name, title and company name);
- Follow up with individuals and companies with whom you have shared Smart Marketer content;
- Analyze and enhance our marketing communications and lead generation strategies (including by identifying when emails sent to you have been received and read);
- Analyze trends and statistics regarding visitors’ use of our sites; and
- Protect against and prevent fraud, unauthorized transactions.
We may combine the information we collect with publicly available information and information we receive from our affiliated companies, business partners and other third parties. We may use that combined information for the purposes described in this Policy. On our sites, we may collect information about your online activities to provide advertising about products and services tailored to your individual interests. You may see certain ads on our sites and other sites because we participate in advertising networks. Ad networks allow us to target our advertising to users through demographic, behavioral and contextual means. These networks may track your online activities over time and across third-party websites or online services, including by collecting information through automated means through the use of cookies, web server logs, web beacons and other methods. These networks may place cookies, web beacons or similar tracking devices while you are visiting our sites or other sites. The networks use this information to show you advertisements for Smart Marketer and our business partners that are tailored to your individual interests. They may also use the information they collect for their own purposes. The information our ad network vendors collect includes information about your visits to websites that participate in the vendors’ advertising networks, such as the pages or advertisements you have viewed, and the actions you take on the sites. This data collection and ad targeting take place both on our sites and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.
Information We Share
We do not sell, rent, or otherwise disclose personal information about you, except as described in this Policy. We may share non-personal information, such as aggregate data and Usage information with third parties. We may share the information we collect with our affiliated companies, business partners, ad network vendors and their participants, and other third parties for the purposes described in this Policy, including to communicate with you about products and services, offers, events and promotions that we believe may be of interest to you. We may also share the information with our service providers that perform services on our behalf. We do not authorize these service providers to use or disclose the information except as necessary to perform certain services on our behalf or comply with legal requirements. We also may share information about you with other third parties when we have given you an opportunity to opt out of such sharing and you do not opt out.
While on our sites, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party, including social networking sites. If you agree to have your personal information shared, your personal information will be disclosed to the third party and the personal information you disclose will be subject to the privacy policy and business practices of that third party. We may share your personal information with other entities and our affiliates primarily for business and operational purposes. In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. We may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; to verify or enforce our Terms of Use or other applicable policies; to address fraud, security or technical issues; to respond to an emergency; or otherwise to protect our rights or property or security of third parties, visitors to our sites or the public.
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at privacy@smartmarketer.com or mailing us at:
Mensch Products, LLC d/b/a Smart Marketer
982 Main St. Suite 4-315
Fishkill, NY 12524
Phone: 800-770-8216
>Attn: Privacy Office
Zipfiy Apps is responsible for all transfers of Personal Information to third parties in accordance with the EU-U.S. and Swiss-U.S. Privacy Shield Principles. Any Personal Information transferred to a third party for data processing is processed in accordance with our instructions, and is subject, by law, to a comparable level of protection as that provided by Zipfiy Apps.
Your Privacy Rights, Choice and Access
We offer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you.
You control the personal information that you provide to us on our sites, but some personal information is required by us in order for you to obtain services from us or for you to use our sites. If you choose not to provide us with your personal information on our sites, you may not be able to take advantage of some of the services we offer or use some functionality on our sites. Except as provided above, we will not share personal information collected on our sites with third parties without your consent. You may also direct us to stop sending you promotional emails by following the removal instructions in a communication you receive from us. Your opt-out request will be processed within a reasonable period of time following the date on which we receive it.
If you wish to modify, verify, correct, or delete any of your personal information collected through our sites, you may edit your registered user information or contact us at privacy@smartmarketer.com. In accordance with our routine record keeping, we may delete certain records that contain personal information you have submitted through our sites. We are under no obligation to store such personal information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information. It may not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We will retain your information (including geo-location data) for as long as your account is active or as needed to provide you services. If you wish to cancel your online account or request that we no longer use your information to provide you services through the platform, please contact us at privacy@smartmarketer.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.
If you believe your Personal Information has been used in a manner not consistent with the policies outlined, please contact us using the information provided below. If your complaint remains unresolved, you may also contact the International Centre for Dispute Resolution®, the international division of the American Arbitration Association® (ICDR/AAA). This organization provides independent dispute resolution services, at no charge to you. ICDR/AAA can be contacted at http://go.adr.org/privacyshield.html
If, after attempting to resolve a dispute through ICDR/AAA, you feel that your concerns about the use of your Personal Information have not been resolved, you may seek resolution of the issue through binding arbitration. For more information about the binding arbitration process, please visit http://www.privacyshield.gov.
Linking
Smart Marketer is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others, including those to whose websites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Smart Marketer or its licensors.
We welcome links to our website. You are free to establish hypertext links to this site so long as the links do not state or imply any affiliation, connection, sponsorship, or approval of you, your enterprise, or your site by Smart Marketer. We do not permit framing or inline linking to our website or any portion of it.
Ordering Products and Services
Copyright Infringement
Smart Marketer is committed to complying with U.S. copyright and related laws, and requires all users of this website to comply with these laws. Accordingly, you may not use this website to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on this website, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) by sending Smart Marketer’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Smart Marketer’s receipt of a satisfactory notice of claimed infringement, Smart Marketer will respond expeditiously either directly or indirectly: (i) to remove the allegedly infringing work(s) accessible through this website; or (ii) to disable access to the work(s). It is Smart Marketer’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to this website for any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Smart Marketer, in its sole discretion, believes is infringing these rights. Smart Marketer may terminate access to this website at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to Smart Marketer. Upon Smart Marketer’s receipt of a counter notification that satisfies the requirements of DMCA, Smart Marketer will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that Smart Marketer will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Copyright owners may send Smart Marketer a notification of claimed infringement to report alleged infringements of their works to info@smartmarketer.com or via U.S. Mail:
Mensch Products, LLC d/b/a Smart Marketer
982 Main St. Suite 4-315
Fishkill, NY 12524
Phone: 800-770-8216
Attn: Designated DMCA Agent
Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Smart Marketer, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against you, you can file a counter notification with Smart Marketer’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
How We Protect Your Personal Information
Zipfiy Apps places safeguards to protect against the loss, misuse, unauthorized access and alteration of the data you send us with physical, electronic, and managerial procedures. We urge you to take every precaution to protect your personal data when you are on the Internet.
Our website uses Secure Sockets Layering (SSL) to encrypt your personal credit information, including your credit card number, before it travels over the Internet. SSL technology is the industry standard for secure online transactions.
Smart Marketer will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Smart Marketer determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment. Smart Marketer will conduct an annual review to ensure adherence to the Privacy Shield framework requirements and complaint handling procedures.
Your California Privacy Rights
If you are a California resident, you may request that we provide to you (i) a list of the categories of personal information about you that Smart Marketer has disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed, if known to Smart Marketer, sufficient to give you a reasonable indication of the nature of the third parties’ business. To submit your request, please email privacy@smartmarketer.com.
Access and Correction
You may contact us at privacy@smartmarketer.com and we will provide you with reasonable access to the personal information we maintain about you. We will also provide you a reasonable opportunity to correct, amend or delete that information where it is inaccurate. We will respond to your request within a reasonable period of time. We may limit or deny access to personal information where providing such access is unreasonably burdensome or expensive under the circumstances, or as we otherwise deem appropriate. In addition, please note that (i) we may not be able to edit or delete your personal information stored with our third-party service providers, and (ii) we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).
Other Websites, Data Processing and Safeguards
Our sites may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies to your Device, they may independently collect data or solicit personal information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our sites (including those linked to through an email or social networking page). This is a U.S. website subject to U.S. law, including applicable privacy and information security requirements. When you visit this site, we may process information about you outside of the country in which you are located, including in the U.S. We will protect information collected through this site as described in this Policy. While Smart Marketer has implemented administrative, technical and physical safeguards to assist in protecting the personal information we collect, please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.
Children’s Privacy
Our sites are not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain their personal information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
Updates to this Privacy Policy
How to Contact Us
If you have any questions, comments or concerns about this Policy or if you would like us to update information we have about you or your choices or preferences, please contact us by email at privacy@smartmarketer.com. You also may write to us at:
Mensch Products, LLC d/b/a Smart Marketer
982 Main St. Suite 4-315
Fishkill, NY 12524
Phone: 800-770-8216
Attn: Privacy Office
Updated: These terms are effective as of November 1, 2021. Prior versions are available upon request.