Date: April 9th, 2024
Version number: 1
We will NEVER sell your personal information to third parties.
SmartMan will only share or disclose Personal Data as described in this Privacy Policy.
This Privacy Policy applies to Personal Data processed by SmartMan Ltd. ("SmartMan", "We", "Us", "Our" and "Our") when you visit www.smartman.ai in addition to the sub-sites integrated therein ("Site"); and/or make use of SmartMan's software.
This Privacy Policy explains what personal data we collect through our Site and software, how and why we collect it, how we use and disclose the personal data we collect, and information on how to exercise your privacy rights over this personal data.
We have also included a section on the processing of personal data submitted to SmartMan by visitors to a SmartMan-enabled site.
We may revise this Privacy Policy from time to time, but We will never do so in a way that compromises Our commitment to respecting the privacy of individuals. The most current version of this Privacy Policy governs Our practices for collecting, processing and disclosing Personal Data. We will notify Our Customers by email and on this page of any material modifications to this Privacy Policy. Your continued use of Our Site and/or Software after the effective date of any such modification will constitute acceptance of the modified Agreement (this includes Our Terms of Service, Acceptable Use Policy and this Privacy Policy).
All capitalized terms in this Privacy Policy shall have the same meaning as defined in the Terms of Service and applicable Law.
SmartMan is a Colombia-based company that provides software as a service (SaaS) that makes it easy for our clients to go beyond traditional web analytics and understand what users are actually doing on their SmartMan-enabled site.
The personal data we collect depends on whether the individual is:
This section applies to personal data that SmartMan collects from visitors to our site (smartman.ai) or any of our sub-sites or sub-domains (e.g., support.smartman.ai, etc.).
Any personal data provided by a visitor to our site will be used only as described in this privacy policy and SmartMan's acceptable use policy.
When someone visits SmartMan's site, we may store the name of their Internet service provider, the website from which they visited us, the parts of our site they visited, the date and duration of the visit, and device information (e.g., device type). We also collect information about the operating system, operating system, screen resolution, language, country you are in, and type of web browser used during your visit. We process this usage data to facilitate access to our site (e.g., to tailor our site to the devices being used).
We temporarily store IP addresses of visitors to our site for associated performance metrics (i.e., data related to the performance of our software on our site) and to monitor and track application errors. We will never access these IP addresses without any operational or security need. We will automatically delete these IP addresses within thirty (30) calendar days. The legal basis for this data processing is Article 6 (1) (f) GDPR.
We also process usage data in aggregate or anonymous form for statistical purposes and to improve our Site.
Cookies are small data files that are transferred to computers or devices. SmartMan uses cookies to process information, including standard Internet log information and details of visitor behavior patterns when visiting Our Site. This is done to:
Operate Our Site,
Provide visitors to Our site with a better experience by providing us with information about how visitors use Our site, and
for marketing purposes.
For more information about the cookies we use, please visit our cookie information page.
Visitors to our site have the opportunity to contact us with questions, for example, via the contact form, where we ask for contact information (e.g. name, e-mail address, etc.). We use this data only in connection with responding to the inquiries we receive.
If a visitor to Our Site receives emails from Us, We may use certain analytics tools to capture data, such as when the email is opened or when links or banners in the email have been clicked. This data helps Us measure the effectiveness of Our marketing communications and campaigns.
The legal basis for this processing is Article 6 (1) (f) GDPR.
This section applies to Personal Data that SmartMan collects from its customers and users of our software when making use of SmartMan's services.
When someone registers for an account with SmartMan, contacts Our customer support for help or subscribes to Our content or special offers, We may request additional Personal Data such as their name, email address and additional details about them or the organization they represent .
As otherwise detailed in this Privacy Policy, We will process this Personal Data solely to provide Our Software in accordance with Article 6 (1) (b) GDPR. As a user of Our Software on behalf of a SmartMan customer who has entered into this agreement with SmartMan, the legal basis for SmartMan to process your Personal Data is Article 6 (1) (f) GDPR. Please see Our Terms of Service for more details on how to register and use the Software offered by SmartMan.
Almacenamos temporalmente las direcciones IP de nuestros clientes y usuarios de nuestro software para métricas de rendimiento asociadas (es decir, datos relacionados con el rendimiento de nuestro software) y para monitorear y rastrear errores de aplicación. Nunca accederemos a estas direcciones IP sin ninguna necesidad operativa o de seguridad. Eliminaremos automáticamente estas direcciones IP dentro de los treinta (30) días calendario. La base legal para este procesamiento de datos es el Artículo 6 (1) (f) GDPR.
A Customer may delete his or her SmartMan account at any time. After account deletion, we may retain Personal Data (in whole or in part) associated with the Customer to comply with regulatory and reporting requirements for the time periods stipulated by law and in order to address customer service issues. Any other personal data we are processing relating to our Customer and/or users of that SmartMan account will be permanently deleted within thirty (30) calendar days.
We may use personal data and other data about our customers and/or users (including demographic information, location information, information about the computer or device from which they access our software) to create anonymized and aggregated information and analytics. The legal basis for this data processing is Article 6 (1) (f) GDPR.
The information We collect from Our Customers and/or Users is disclosed only in accordance with the Agreement and Applicable Law.
We use a select number of trusted third-party service providers for certain technical data analysis, processing and/or storage offerings (e.g., IT and related services). These third-party service providers are carefully selected and meet high standards of security and data protection. We only share with them the Data that is required for the services offered and contractually bind them to keep the information We share with them confidential and to process Personal Data only in accordance with Our instructions. The legal basis for such processing would be Article 6 (1) (f) GDPR.
In addition to service providers, other categories of Third Parties may include:
Apart from the cases mentioned above, We will only transfer Personal Data to Third Parties without express consent in accordance with Article 6 (1) (a) GDPR or if We are obliged to do so by statutory law or by direction of a public authority or court as described in Our Terms of Service.
From time to time, We may send notification emails about updates to Our product, legal documents, customer support or for marketing purposes. To the extent required by applicable law, We will only send such messages if We have obtained consent in accordance with Article 6 (1) (a) of the GDPR. In all other cases, the legal basis for this data processing is Article 6 (1) (f) GDPR.
Except where We are required to do so by law (e.g., notification of a data breach), recipients of Our communication will have the opportunity to unsubscribe from receiving these messages free of charge. We process requests to be included on do-not-contact lists as required by applicable law.
We occasionally use Personal Data provided to us by Customers, Users and/or visitors to Our SmartMan Site to target advertisements to potential new Customers who appear to have shared interests or similar demographics. The legal basis for this data processing is Article 6 (1) (f) GDPR.
We do this by sharing personal data with Third Party marketing platforms that have high privacy and confidentiality standards and have undergone a legal and security review by SmartMan. This ensures that these Third Parties cannot do anything with the Personal Data we provide to them other than use it for the express purpose of providing us with the marketing services for which we engage them.
This Personal Data is only shared with these Third Parties through secure and encrypted means. If you wish to opt-out of this processing activity, please contact us at dpd@SmartMan.ai with the subject line "Opt-Out Marketing".
We may use Personal Data for (legal basis for the respective processing in brackets):
SmartMan reserves the right to use and retain Data in an anonymous and/or aggregated form to improve Our Site and/or Software and for statistical and benchmarking purposes, including enabling comparisons within the same industry to improve the information collected through Our Site and Software. Benchmarks analyze all metrics collected and compare them to other metrics of the same nature. These de-identified and/or aggregated benchmarks may be published and shared publicly within Our Software or in the form of other content that We publish, which may show a summary of the results for a certain category or type of question.
No data that can individually identify our customers or their end users will be displayed in this statistical or reference data.
The legal basis for aggregating / anonymizing this personal data is Article 6 (1) (f) of the GDPR.
Other purposes with your consent
In some cases, we may ask for your consent to collect, use or share personal data for other purposes. For example, we may ask for your consent to send marketing emails where required by law or to publish testimonials or endorsements. In such cases, there will always be the possibility to refuse or revoke consent if desired. The legal basis for data processing is found in Article 6 (1) (a) GDPR.
Unless a different time period is specifically stated in this Privacy Policy or on Our pricing page, Personal Data will be retained for as long as necessary for the purposes for which We originally collected it or to provide Our Software, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, and enforce Our Agreement. We may also retain information as required by applicable law.
In most cases, the personal data we collect is stored in the EU. However, in some limited cases, customer information may be accessed or other personal data (e.g. email) transferred outside the EU. These countries may have different data protection laws. SmartMan endeavors to ensure that appropriate security measures are in place so that personal data remains protected. SmartMan has entered into standard contractual clauses with entities with which we share personal data outside the EU. You can find more details about this in our article on data storage.
SmartMan software is not directed to children under the age of 13 (or other age as required by local law), and we do not knowingly collect personal data from children. If you learn that your child has provided us with personal data without your consent, you may contact us via our contact details below. If we learn that we have collected a child's personal data in violation of applicable law, we will take immediate steps to investigate this, delete such information and terminate the child's account. We will also ensure that we have preventative measures in place so that this does not happen again in the future.
Rights on personal data
If you are a visitor to our site or a customer and/or user of our software and we have collected Personal Data about you, you have the right to access and be informed about what Personal Data SmartMan processes, the right to rectification/correction, erasure/anonymization and restriction of processing (subject to certain exceptions and other requirements prescribed by law). You also have the right to receive from SmartMan a structured, common, machine-readable format of the Personal Data you provided to us.
Where you have provided your consent, you may withdraw your consent at any time, without affecting the lawfulness of the processing that was carried out before you withdraw your consent. Whenever you withdraw your consent, you acknowledge and agree that this may have a negative influence on the quality of Our Site and/or Software. Please note that when You withdraw Your consent, We may delete Personal Data previously processed on the basis of Your consent and may no longer retain it, which means that You will not be able to access, download or otherwise protect it.
In addition, you have the right to file a complaint with your respective data protection authority.
To protect your privacy, we take steps to verify your identity before fulfilling your request. We can only identify you through your email address and we can only fulfill your request and provide information if we have personal data about you through you have contacted us directly and/or you are using our site and/or software.
This section only applies to Our processing of Personal Data as a "business" under the California Consumer Privacy Act (CCPA).
The CCPA gives California residents the right to know what categories of Personal Data SmartMan has collected about them and whether SmartMan disclosed that Personal Data for a business purpose (e.g., to a service provider) in the previous 12 months.
If you are a California resident and wish to exercise any of your rights under the CCPA, please contact us at dpo@SmartMan.com. We will process your request in accordance with applicable law.
Sales of Personal Information under the CCPA. For purposes of the CCPA, SmartMan does not "sell" Personal Data, nor do we have actual knowledge of any "sale" of Personal Data from children under the age of 16.
Nondiscrimination. California residents shall be entitled to exercise their rights under the CCPA.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer application under the CCPA. If applicable, you may also make a verifiable consumer application on behalf of your minor child.To designate an authorized agent, contact us at dpo@SmartMan.com.
Verification.To protect your privacy, we will take steps to verify your identity before fulfilling any consumer request under the CCPA. When you make a request, we will ask you to provide sufficient information to allow us to reasonably verify that you are the person about whom we are collecting Personal Data or an authorized representative, which may include your email address.
This section only applies to our processing of personal data under the Brazilian Data Protection Act (LGPD).
In addition to the rights described above, you also have the right to:
If you are a Brazilian resident or were in Brazil when your personal data was collected and wish to exercise any of your rights under the LGPD, please contact us at dpo@SmartMan.com. We will process your request in accordance with applicable laws.
This section applies to Personal Data submitted to SmartMan by our customers about visitors to their site who use our software (i.e., a SmartMan-enabled site).
When an end user visits a SmartMan-enabled Site, the SmartMan-enabled Site's privacy policy will apply to the Personal Data collected and not to this Privacy Policy.
This section should always be read in conjunction with the SmartMan-enabled Site's specific privacy policy, which will contain more details about the SmartMan-enabled Site's processing of your Personal Data.
By making use of our software, our customers are subject to our privacy policy, our terms of service and our acceptable use policy. You can learn more about SmartMan by visiting Our Site .
If you are a visitor to a SmartMan Enable site, SmartMan may temporarily process your IP address so that we can ensure that our service runs smoothly and improve the quality of our software. Any IP addresses we process are used exclusively for associated performance metrics (i.e., data related to the performance of our software on the SmartMan Enable site) and to monitor and track application errors. For this purpose, we may temporarily store your IP address with SmartMan's Sub-processors which are subject to strict confidentiality obligations and will process it only in accordance with Our instructions. We will never access these IP addresses without any operational or security need. We will automatically delete any IP addresses that We process and store within thirty (30) calendar days. The legal basis for this data processing is Article 6 (1) (f) GDPR.
Some SmartMan Customers may have the ability to integrate the Data they have collected through Our Software with other end-user data in their possession (e.g., their customer information).
Depending on the web browser you use, you may not allow SmartMan to collect data when you visit a SmartMan-enabled site. To find out if your web browser offers this functionality, please visit our website.
Please note that we are unable to respond to requests from end users of SmartMan-enabled Sites regarding their Personal Data, including requests to provide, correct, or delete end user Personal Data. All requests from end users of SmartMan Enabled Sites relating to Customer Personal Data should be sent to the appropriate SmartMan customer.
SmartMan S.A.S
Cra 16 # 93A -16
Bogotá, Colombia,
+57 601 744 8506