Effective Date: May 25, 2018
We are committed to, and self-certify compliance with, the Privacy Shield Framework: https://www.privacyshield.gov/list
With respect to individuals located in the E.U., Smarsh has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third-party acting as an agent on its behalf. Smarsh shall remain responsible under the EU-U.S. Privacy Shield Framework if our agent processes personal information in a manner inconsistent with the EU-U.S. Privacy Shield Framework, consistent with any exclusions of liability thereunder.
In compliance with the Privacy Shield Principles, Smarsh commits to resolve complaints about our collection or use of your personal information. European Union individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Smarsh at: firstname.lastname@example.org or to Smarsh, Inc., ATTN: Legal, 851 SW 6th Ave., Suite 800, Portland, OR 97204. We will respond to your questions or complaints within 30 days. Following receipt of a complaint, if necessary, we will investigate the issue and provide you with information regarding investigation and the resolution of the complaint.
Smarsh has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit JAMS for more information or to file a complaint at https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim. JAMS’ services are provided at no cost to you.
Smarsh commits to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel with regard to human resources data transferred from the EU in the context of the Smarsh employment relationship.
Under certain conditions, an individual has the possibility to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. For additional information, see Annex I here: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
The Federal Trade Commission has jurisdiction over Smarsh’s compliance with the Privacy Shield.
Section 1: The Site and Third Party Sources
By using the Site, or by interacting with us through Third-party Sources, you consent to the collection, use and disclosure of information by Smarsh as specified in this Section 1.
A. Information We Collect
- Information You Provide Us: You may provide us with your name, email address, address, company, country, phone number or additional information. You may provide this information to us by completing a form or survey, submitting a request for information or content, completing a “contact us” form, entering a contest, subscribing to a newsletter, providing feedback, requesting information about conferences and tradeshows, giving us a business card, interacting with us at events, tradeshows, conferences or conventions, or communicating with us via instant message through the Site. There also may be other, similar ways that you provide us with information that are not specifically listed above. We will associate the non-identifiable data you provide us with other personally identifiable information you provide us.
- Information We Automatically Collect: When you visit the Site, click on our advertisements on other websites, or click on a link to the Site in an email from us, we will automatically collect information about you through cookies or tracking technologies, which are explained further in Section B below. This information may include your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, general location, the websites you came from or go to following your visit to the Site, or similar kinds of information.
- Third-party Sources: Information obtained from other sources, like lead generation providers, content sponsors or social media platforms, which may include marketing or demographic information, your business or contact information, information about you from social media platforms that you use to interact with Smarsh or the Site, or information that we may obtain from Third-party Sources, we may combine this information with other information you provide us or that we automatically collect from you.
B. Tracking Technologies
We may use tracking technologies like cookies, clear gifs, web beacons, web bugs or similar technologies. Cookies are used to identify which website or marketing campaign you came from, which areas of the Site you visited and your actions on the Site, and where you go when you leave the Site. Cookies may be “session” cookies and deleted after you leave the Site or “persistent” that are stored. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, clear gifs are embedded invisibly on web pages, emails or advertisements and track clicks. We use clear gifs to determine whether our marketing campaigns are successful, such as to see whether or not you opened an email we send or if you click on the links within the emails we send. Generally, we use these technologies to manage content, analyze trends, monitor page visits, content downloads, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you.
We may partner with a third-party to manage our advertising on other sites. Our third-party partner may use technologies such as cookies to gather information about your activities on this Site and other sites to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking http://www.networkadvertising.org/managing/opt_out.asp or by visiting the add network (Google Ads is available here: https://www.google.com/settings/ads). There are also multiple resources that allow you to opt out of web tracking at the browser level by following the browser’s instructions. We respect your do not track choices instituted at the browser level.
C. How We Use Information We Collect
We use the information we collect or are provided in the following ways:
- To present, operate or improve the Site, including analysis of Site activity;
- To respond to technical problems;
- To respond to, process and deliver your communications, requests, surveys, or contest entries;
- To contact you to request feedback about your experience with our products and services or learn about your demographics, preferences or interests;
- To communicate with you about new contests, promotions or rewards, upcoming events, trade shows or conferences, changes to the Site or our products or services, or other news about products and services (whether offered by Smarsh or our partners);
- To provide you with content you request;
- To customize or personalize your online experience, for example to pre-populate forms, or to display or provide you with relevant content, advertising or communications;
- To enforce or protect any right;
- To investigate or deter against fraudulent, unauthorized or illegal activity; or
- To otherwise fulfill the purpose for which the information was provided;
- Updating marketing lists and database management;
- We may also share your information with our reseller, referral, technology and other partners.
We may link, combine or supplement the information you provide us with other information we receive from Third-party Sources or with cookies. We do this to help understand your needs and provide you with better products and services, to identify you when you return to our Site or to pre-populate forms.
We may use anonymous, aggregate personal information for different purposes, like market analysis, traffic flow analysis and reporting, or to deliver relevant advertising and information based on click stream data. We use this information for a variety of purposes to examine our traffic in aggregate, to investigate misuse of our network, its users, or to cooperate with law enforcement.
D. How We Share Information.
We may share your information as follows:
- With our channel partners, affiliates, agents, subcontractors, representatives, or services providers;
- In connection with a divestiture, merger, acquisition, sale, or similar transaction;
- To protect or enforce our rights or property, or the rights or property of our affiliates, channel partners, agents, subcontractors, representatives, or services providers;
- In response to a court order, subpoena, warrant or to comply with a legal requirement or to cooperate with an investigation;
- To identify persons who may be violating the law, our website terms of service, the rights of third parties, or otherwise misusing the Site or its related properties;
- To our technology or other third-party service providers such as website hosts, applicant management tools, chat widgets, email marketing campaign and other marketing or sales operations tools, pursuant to written agreement with such providers pursuant to which our service providers are required to use information solely for the purpose of providing the services, treat information as confidential and any transfers outside of the EEA are subject to standard contractual clauses;
- With your consent, or to fulfill the purpose for which you provided the information; or
- As permitted by law.
We do not sell, rent or lease the information we collect to third parties.
E. Third-party Service Providers, Widgets, Websites, Ads and Content.
The Site may contain links to websites or content sponsored or provided by third parties. These sites and services may use their own cookies or data tracking technologies to collect data or information from you. Smarsh does not control the practices of these third parties or their websites or content. Smarsh is not responsible for the privacy practices or the content of these third parties. Smarsh does not share the information that you provide us with these third parties, however, these third parties may obtain information about you if you click on a third-party link.
Certain widgets, like social media widgets, on the Site may collect information about you, such as your IP address, automatically through cookies and may combine information about your use of our Site with information they collect in other areas. Smarsh has no control over the practices of these widgets and is not responsible for their privacy practices. Please visit the privacy policies of each of these kinds of third parties to learn more about how they collect and use your information.
We may use other third-party service providers such as an email service provider to send out emails on our behalf, a career management platform to collect resumes, or a chat widget that allows us communicate with you. We may share your information with these service providers, and others, as necessary for them to perform their functions. These third-party providers are required to keep your information confidential in our agreements with the providers, with limited exceptions.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. We use commercially acceptable means to protect your personal information, but we cannot guarantee its absolute security.
G. Notice, Access and Choice; Data Retention and Right to be Forgotten.
Smarsh does not require that you provide information through our Site. If you do not wish to provide the information requested, we may not be able to service you properly or receive the benefit for which the information is requested. You may opt-out of receiving promotional emails from Smarsh by following the instructions in those emails. If you opt-out, we may still send you non-promotional communications, such as emails about your accounts, product notices, or our ongoing business relations.
We will retain your information for as long as we determine necessary. You may contact email@example.com to access your information being stored and processed and to request that we delete or amend your information or to opt out of your information being shared with third parties. In some cases, we may not be able to delete your personal information, in which case we will let you know if we are unable to do so and why. We will respond to your access request within 30 days.
You may contact firstname.lastname@example.org to request that we delete or amend your information or to opt out of your information being shared with third parties. In some cases, we may not be able to delete your personal information, in which case we will let you know if we are unable to do so and why. We will respond to your access request within 30 days.
Smarsh is required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Section 2: The Smarsh Management Console
Smarsh customers (“Clients”) engage us to store digital communications on their behalf. The Smarsh archiving platform is the platform our customers use to view their digital communications. Client Information and Archival Information (defined below) are governed by the services agreement between Smarsh and the applicable Client. The Smarsh archiving platform collects the following information:
- Archival Information. We collect communications information for archival purposes on behalf of, and as directed by, our Clients. This information may include emails, texts, websites, social media messages or posts, and other forms of data or electronic communications (“Archival Information”). Archival Information includes data about our Clients and the third parties they correspond with. We do not control or monitor the information our Clients collect and store through our services, or their privacy practices or policies. It is our Client’s obligation to obtain all necessary consents and to comply with all applicable laws with respect to the Client’s communications and use of our services. Our Client’s privacy policies or practices apply to Archival Information, the purposes for which the Client collects Archival Information, how the Client may use Archival Information and what choices the individual may have with respect to Archival Information. Individuals must contact the applicable Client in order to correct, amend, or delete their information, or to opt out of any collection, uses or disclosure of their information by our Client.
- Client Information. We also collect information about individuals within our Client’s organization (“Client Information”). Client Information may include information related to the Client’s account, name, work e-mail address, work phone number, job title or similar kinds of information. We use Client Information to support the Client account, maintain our business relationship with the Client, respond to Client inquiries, or perform accounting functions. Clients may update personal information and password by logging into the Smarsh archiving platform and updating their account. Clients may contact Smarsh support in order to delete their personal data. In some cases, we may not be able to delete Client Information, and in such cases we will tell you why.
- Automatically Collected Information. We collect information automatically about how our Clients use our services (“Automatically Collected Information”). We do this via data collection technologies such as cookies, web beacons, gifs or other tracking technologies. We collect this information in order to monitor, support and improve our services or to provide Clients with certain customized features. We may use Automatically Collected Information to tell us how our Clients use our services, to improve our services or develop new products, services or features. We may combine this information with other information we collect.
We treat Archival Information and Client Information as the confidential and proprietary information of our Clients, subject to the terms of the service agreement between Smarsh and the Client. We do not share Archival Information, Client Information or Automatically Collected Information with third parties unless directed to do so by our Client, as may be necessary to provide services to the client, to our advisors, channel partners, affiliates, representatives, agents, service providers, in connection with a business transaction (such as a merger or sale), or in response to a court order, subpoena, warrant or to comply with a legal requirement or to cooperate with an investigation. We may disclose Automatically Collected Information or Client Information for the aforementioned reasons, or in order to protect our rights or the rights of our affiliates, clients, channel partners or service providers. Smarsh will retain Archival Information, Automatically Collected Information or Client Information as necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client, or for the period of time requested by a particular Client.
851 SW 6th Avenue
Portland, Oregon 97204