Privacy Policy
Smith Micro Software, Inc. ("Smith Micro," "we,"
"us") is concerned about online privacy issues and wants you to be
familiar with how we collect, use and disclose your Personally Identifiable
Information (as defined below). This Privacy Policy (the "Policy")
describes our practices in connection with Personally Identifiable Information
that we collect through our websites located at www.smithmicro.com,
my.smithmicro.com, www.stuffit.com,
www.sendstuffnow.com, store.smithmicro.com,
and www.contentparadise.com
(collectively, the "Sites"). In addition, there may be supplements
to this Policy for particular Smith Micro solutions as made available in such
Sites. This Policy does not address our practices regarding information that we
collect through any website, or by any other means, other than through the
Sites; nor does this Policy govern the collection, use or disclosure of
information by any of our affiliates (Smith Micro Software LLC Belgrade, Smith
Micro Software, Inc. - Korea Branch, William W. Smith Software, Inc. USA Filial
Sweden, Smith Micro Software AS, Smith Micro Software UK Limited and William W.
Smith Software Canada, Ltd.) (collectively, "Affiliated Entities") or by
third parties. This Policy does not
apply to those sites that do not display or link to this Policy or that have
their own privacy statements. Please
read this Policy, any supplements and those privacy statements of all the
websites you visit.
The Site is made available by Smith Micro subject
to this Policy. We reserve the right to update or make changes to this Policy
from time to time in our sole discretion without prior notice, which changes we
may provide to you by any reasonable means, including without limitation, by
posting the revised version of this Policy on the Site. You can determine when
this Policy was last revised by referring to the "LAST UPDATED" legend at the
bottom of this Policy. Any changes to our Policy will become effective upon our
posting of the revised Policy on the Site. Use of the Site following such
changes constitutes your acceptance of the revised Policy then in effect. By
using the Site, you agree to the terms and conditions of this Policy. If you do
not agree to the terms and conditions of this Policy, please do not use the
Site.
Note Regarding the Use of the Site by Children:
The Site is not directed to individuals under the
age of thirteen (13), and we request that such individuals do not provide
Personally Identifiable Information through the Site.If we learn that it has collected
Personally Identifiable Information on a child under the age of 13, we will
delete that data from its systems.
We encourage parents and guardians to go online with their children.
1. What Types of Information Does Smith Micro Collect From Me?
Smith Micro gathers two basic types of information
through the Site: "Personally Identifiable Information" (or "PII")
and "Non-Personally Identifiable Information" (or "Non-PII").
Personally Identifiable Information is information that identifies a person as
an individual, including without limitation, name, email address, postal or
other physical address, telephone number, credit or debit card number (or other
payment account number), title, occupation, and other information.
Non-Personally Identifiable Information is aggregated information, demographic
information and any other information that does not reveal a person's specific
identity. An IP Address is the Internet Protocol address of the computer that
you are using.
a. Personally Identifiable Information.
You do not have to provide PII to use the Site. However, in order for you to take advantage
of particular opportunities provided through the Site (for example, to sign up for a newsletter
or order products from the Site), we may require that you furnish PII. We collect PII from you
through the Site only when you voluntarily provide it to us. Smith Micro is committed to protecting
the Personal Information you share with us. When we transfer sensitive personal data (for example,
credit card information) over the Internet, Smith Micro protects it using Secure Sockets Layer (SSL)
encryption technology. Smith Micro utilizes a combination of industry-standard security technologies,
procedures, and organizational measures to help protect your PII from unauthorized access, use or disclosure.
However, no method of transmission over the Internet, or method of electronic storage is 100% secure.
Therefore, while we strive to use commercially acceptable means to protect your PII, Smith Micro cannot
guarantee its security. Smith Micro recommends you to take every precaution in protecting your PII when
you are on the Internet. For example, change your passwords often, use a combination of letters and numbers
when creating passwords, and make sure you use a secure browser. We also may use third-party payment services
(each, a "Payment Service") to collect payments made through the Site. When a third-party payment service is
used, you will be directed to a webpage that is hosted by the Payment Service (or the Payment Service's service
providers) and not by Smith Micro (such page, the "Payment Service Page"). In addition, any PII that you provide
through the Payment Service Page may be collected by Payment Service and not by Smith Micro, and will be subject
to Payment Service's privacy policy, rather than this Policy. Smith Micro has no control over, and shall not be
responsible for, Payment Service's use of information collected through the Payment Service Page. PLEASE NOTE
THAT THIS POLICY DOES NOT ADDRESS THE COLLECTION AND USE OF INFORMATION THROUGH THE PAYMENT SERVICE PAGE OR THE
PRIVACY OR INFORMATION PRACTICES OF PAYMENT SERVICE.
b. Non-Personally Identifiable Information.
When you visit and interact with the Site, Smith Micro and third parties
with whom Smith Micro has contracted to provide services to Smith Micro may
collect Non-PII (for example, a catalog of the Site pages you visit). Non-PII is
generally collected through the Site from four different sources: (i)
environmental variables, (ii) cookies, (iii) pixel tags and other similar
technologies, and (iv) information that you voluntarily provide to us.
i. Environmental Variables.
We and our service providers may also collect certain environmental variables,
such as your MAC address, computer type (Windows or Macintosh), screen
resolution, OS version, Internet browser, and Internet browser version. These
environmental variables are collected by most websites, and can be used to
optimize your experience on the Site.
ii. Cookies.
We and our service providers may use "cookies" on the Site. Cookies are data
that a web server transfers to an individual's computer for recordkeeping and
other purposes. We use cookies and other technologies to facilitate users'
ongoing access to and use of our Site. If you do not want information collected
through the use of cookies, there is a simple procedure in most browsers that
allows you to automatically decline cookies, or to be given the choice of
declining or accepting the transfer of a particular cookie, or cookies from a
particular website, to your computer.
iii. Pixel Tags. We and our service providers may also use so-called
"pixel tags," "web beacons,"
"clear GIFs," or similar means (collectively, "Pixel Tags") in connection with
Site pages and HTML-formatted email messages to, among other things, track the
actions of Site users and email recipients, to determine the success of
marketing campaigns and to compile aggregate statistics about Site usage and
response rates. A Pixel Tag is an electronic image, often a single pixel (1x1),
that is ordinarily not visible to Site visitors and may be associated with
Cookies on the visitors' hard drives. Pixel Tags allow us to count users who
have visited certain pages of the Sites, to deliver branded services, and to
help determine the effectiveness of promotional or advertising campaigns. When
used in HTML-formatted email messages, Pixel Tags can tell the sender whether
and when the email has been opened.
iv. Information That You Voluntarily Provide.Smith Micro also collects Non-PII (e.g., your interests, your geographic
location, etc.) when you voluntarily provide such information to us. Such
information constitutes Non-PII because, unless combined with PII, it does not
personally identify you or any other user. Additionally, we may aggregate PII in
a manner such that the end-product does not personally identify you or any other
user of the Site, for example, by using PII to calculate the percentage of our
users who have a particular telephone area code. Such aggregate information is
considered Non-PII for purposes of this Policy.
c. IP Addresses.
When you visit and interact with the Sites, Smith Micro and third parties with
whom Smith Micro has contracted to provide services to Smith Micro may collect
IP Addresses. Your Internet Protocol (IP) address is a number that is
automatically assigned to the computer that you are using by your Internet
Service Provider (ISP). This number is identified and logged automatically in
our server log files whenever you visit the Sites, along with the time(s) of
your visit(s) and the page(s) that you visited.
2. How Does Smith Micro Use Information Collected From Me?
a. Personally Identifiable Information.We may use PII in the following ways:
i. Fulfillment of Requests.Smith Micro may use PII about you to fulfill the
purpose for which such PII was
provided (e.g., to send newsletters to you or fulfill your purchase).
ii. Administrative Communications.From time to time, in our sole discretion,
we may use PII about you to send to
you important information regarding the Site, changes to our terms, conditions,
and policies and/or other administrative information. Because this information
may be important to your use of the Site, you may not opt-out of receiving such
communications.
iii. Other Communications.From time to time, we may use PII about
you to inform you of products, programs,
services and promotions that we believe may be of interest to you. If you would
prefer that we do not send electronic marketing messages to you, please see the
"Opt-Out" section below.
iv. Purchases.
When you make a purchase through the Site, we may collect your credit card
number or other payment account number, billing address and other information
related to such purchase (collectively, "Payment Information") from you,
and may use such Payment Information in order to fulfill your purchase.
v. Emails to Friends.
We may provide functionality to permit you to send messages regarding
Site-related content to a friend through the Site. If you wish to use this
feature, you may be required to provide us with, and we may use, your friend's
email address so that we can facilitate your sending of such message to your
friend.
vi. Promotions.
We may operate sweepstakes, contests and similar promotions (collectively,
"Promotions")
through the Site. We typically ask you for certain PII when you enter and, if
applicable, win a Promotion. You should carefully review the rules, if any, of
each Promotion in which you participate through the Site, as they may contain
additional important information about Smith Micro's use of PII about you. To
the extent that the terms and conditions of such rules concerning the treatment
of PII about you conflict with this Policy, the terms and conditions of such
rules shall control.
vii. Internal Business Purposes.
We may also use PII about you for our internal business purposes, such as data
analysis, audits and so forth.
b. Non-Personally Identifiable Information.
Because Non-PII does not personally identify you, we may use such
information for any purpose. In addition, we reserve the right to share such Non
PII, which does not personally identify you, with Affiliated Entities and other
third parties, for any purpose.
In some instances, we may combine Non-PII with PII (such as combining your name
with your geographic location). If we do combine any Non-PII with PII, the
combined information will be treated by us as PII hereunder as long as it is so
combined.
3. How Is Personally Identifiable Information Disclosed?
a. Third Party Service Providers.
We work with third parties who provide services including but not limited
to data analysis, payment processing, order fulfillment and other services of an
administrative nature. We reserve the right to share PII about you with such
third parties for the purpose of enabling these third parties to provide such
services (for example, if you choose to make a purchase through the Site, we may
share your Payment Information or other PII with our third party service
providers to fulfill your purchase, including, without limitation, to process
your credit card or payment account number or to ship products to you).
b. Sell or Rent Information.
Except as explained in this Policy or in agreements with our customers,
Smith Micro does not sell, rent, license or share PII of our customers with
others outside the Smith Micro family of companies for non-Smith Micro purposes
without your consent.
c. Affiliate Communications.
From time to time, we may share PII about you with the Affiliated
Entities to allow them to contact you regarding products, programs, services and
promotions that they believe may be of interest to you. If you would prefer that
we do not share your information with the Affiliated Entities for such
Affiliated Entities' marketing purposes, please see the "Opt-Out" section below.
d. Emails to Friends.
Please note that any PII you provide in connection with sending messages
regarding Site-related content to a friend through the Site, such as your name
and your email address, will, of course, be disclosed to your friend.
e. Promotions.
We reserve the right to share the PII you provide in connection with Promotions
with third parties sponsors of such Promotions (irrespective of whether such
Promotions are hosted by us), or otherwise in accordance with the rules
applicable to such Promotion. You should carefully review the rules, if any, of
each Promotion in which you participate through the Site, as they may contain
additional important information about a sponsor's or other third parties' use
of PII about you. To the extent that the terms and conditions of such rules
concerning the treatment of PII about you conflict with this Policy, the terms
and conditions of such rules shall control.
f. Profiles.
We may provide functionality on the Site that allows you to create a "profile
page" (your "Profile") and post certain information and materials on your
Profile. Please note that your Profile, including all PII available in your
Profile, may be accessible to other users. We urge you to exercise discretion
and caution when deciding to disclose PII about you, or any other information,
in your Profile. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF ANY PII YOU
DISCLOSE IN YOUR PROFILE.
g. Information Posted by Visitors.
Smith Micro may make available through the Site services (for example,
message boards, forums, chat functionality and blogs, among other services) to
which you are able to post information and materials. Please note that any
information you disclose through such services or otherwise on the Site becomes
public information, and may be available to visitors to the Site and to the
general public. In addition, when you choose to make a posting on such services,
certain PII (for example, a link to your Profile that contains PII), will be
available for other users to view. We urge you to exercise discretion and
caution when deciding to disclose PII, or any other information, on the Site. WE
ARE NOT RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE
SITE.
h. Assignment.
We reserve the right to transfer any and all information that we collect from
Site users to an Affiliated Entity or a third party in the event of any
reorganization, merger, sale, joint venture, assignment, transfer or other
disposition of all or any portion of Smith Micro's business, assets or stock
(including without limitation in connection with any bankruptcy or similar
proceedings).
i. Law enforcement; emergencies; compliance.
Notwithstanding any other provision of this Policy to the contrary, we
reserve the right to disclose PII about you to others as we believe to be
appropriate (a) under applicable law; (b) to comply with legal process; (c) to
respond to governmental requests; (d) to enforce our Terms of Service; (e) to
protect our operations or those of any Affiliated Entities; (f) to protect the
rights, privacy, safety or property of Smith Micro, the Affiliated Entities, you
or others; and (g) to permit us to pursue available remedies or limit the
damages that we may sustain. For example, we may, to the fullest extent the law
allows, disclose PII about you to law enforcement agencies to assist them in
identifying individuals who have been or may be engaged in unlawful activities.
4. Other Important Notices Regarding Our Privacy Practices.
a. Third Party Sites.
The Site may contain links to third party websites. These linked sites
(including without limitation the websites of Affiliated Entities) are not under
Smith Micro's control and we are not responsible for the privacy practices or
the contents of any such linked site, or any link contained in any linked site.
We provide such links only as a convenience, and the inclusion of a link on the
Site does not imply endorsement of the linked site by Smith Micro or any
Affiliated Entities. If you provide any PII through any such third party
website, your transaction will occur on such third party's website (not the
Site) and the PII you provide will be collected by, and controlled by the
privacy policy of, that third party. We recommend that you familiarize yourself
with the privacy policies and practices of any such third parties. PLEASE NOTE
THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY
THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE AFFILIATED ENTITIES.
b. Third Party Advertisers.
We may use third-party advertising companies to serve ads when you visit
our Site. Please note that these companies may use information (not including
PII) about your visit to this Site in order to provide advertisements about
goods and services that may be of interest to you. In the course of serving
advertisements to this Site, these companies may place or recognize a unique
cookie on your browser. If you would like more information about this practice
and to know your choices about not having this information used by these
companies, please visit
http://networkadvertising.org/optout_nonppii.asp
c. Consent to Transfer, Processing and Storage of PII.The
Sites are operated in the United States of America. If you are located in the European Union,
Canada, or elsewhere outside the United States of America, please be aware that
any information you provide, including without limitation, PII, to us will be
transferred to the United States of America.We may transfer your information to us in the
United States of America or
to third parties acting on our behalf, for the purposes of processing or
storage, and by providing any information to us you fully understand and
unambiguously consent to the transfer, processing and storage of such
information in the United States of America.
d. Security.
We seek to have security measures and tools (such as Firewalls, Digital SSL
Certificates, Intrusion Detection Systems, and Database Encryption) in place to
help protect against the loss, misuse and alteration of the information under
our control. Unfortunately, no data transmission over the Internet or data
storage system can be guaranteed to be 100% secure. As a result, although we
strive to protect PII about you, we cannot ensure or warrant the security of any
information you transmit to us through or in connection with the Site or that is
stored by us. You acknowledge and agree that any information you transmit
through the Site or upload for storage in connection with the Site is so
transmitted or stored at your own risk. If you have reason to believe that your
interaction with us is no longer secure (for example, if you feel that the
security of any account you might have with us has been compromised), you must
immediately notify us of the problem by contacting us in accordance with Section
4.h ("Contacting Us") below (note that if you choose to notify us via physical
mail, this will delay the time it takes for us to respond to the problem).
e. Opt-Out.
If you do not wish to receive marketing-related emails from us, you may opt-out
of receiving such marketing-related emails by following the unsubscribe
instructions at the bottom of such marketing email or choosing to unsubscribe in
the Email Lists or Newsletter area of the specific Site, or on
www.contentparadise.com, by logging in
and modifying your Profile.
If
you would prefer that we do not share PII about you with Affiliated Entities for
such Affiliated Entities' marketing purposes, you may opt-out from such sharing
by emailing us at:
privacy@smithmicro.comPlease specify clearly in the email that you are opting out of allowing Smith
Micro to share PII about you with Smith Micro's Affiliated Entities (including
its parent and subsidiaries) for their marketing purposes.
We will endeavor to comply with your request as soon as reasonably practicable.
Please note that if you opt-out as described above, we will not be able to
remove PII about you from the databases of Affiliated Entities with which we
have already shared PII about you (i.e., to which we have already provided PII
about you as of the date on which we implement your opt-out request). If you
wish to cease receiving marketing-related emails from such Affiliated Entities,
please contact such Affiliated Entities directly or utilize any opt-out
mechanisms set forth in their respective privacy policies or marketing-related
emails.
f. Changing or Suppressing PII about you.To the extent the laws of your country entitle you to review, correct,
update or suppress PII about you that has been previously provided to us, you
may exercise this right by logging in to your Profile or the Accounts area of
the Site or by emailing us at:
privacy@smithmicro.com. For your protection, we will only implement such requests with respect
to the PII associated with the particular e-mail address that you use to send us
your request, and we may need to verify your identity before implementing your
request.
In each event, you must clearly indicate the information that you wish to have
changed, clearly indicate that you wish to have PII about you suppressed from
our database or clearly indicate the limitations you wish to put on our use of
PII about you.
We
will endeavor to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping
purposes, and there may also be residual information that will remain within our
databases and other records, which will not be removed therefrom. We also
reserve the right, from time to time, to re-contact former users of the Site.
Finally, we are not responsible for removing information from the databases of
third parties with whom we have already shared PII about you.
g. Retention Period.
We will retain PII about you for the period necessary to fulfill the purposes
outlined in this Policy unless a longer retention period is required by law
and/or regulations.
h. Jurisdictional Issues.The Site is hosted by Smith Micro from the United States, and is not
intended to subject Smith Micro to the laws or jurisdiction of any state,
country or territory other than that of the United States. Smith Micro does not
represent or warrant that the Site, or any part thereof, is appropriate or
available for use in any particular jurisdiction other than the United States.
Those who choose to access the Site do so on their own initiative and at their
own risk, and are responsible for complying with all local laws, rules and
regulations. We may limit the Site's availability, in whole or in part, to any
person, geographic area or jurisdiction we choose, at any time and in our sole
discretion. By using the Site and submitting any PII, you consent to the
transfer of PII to other countries, such as the United States, which may provide
a different level of data security than in your country of residence.
i. Contacting Us.
If you have any questions regarding this Policy, please contact us by email at:
privacy@smithmicro.com or mail us at:
Smith Micro Software, Inc.
Attention: Legal Dept.
51 Columbia
Aliso Viejo, CA 92656
Please note that email communications will not necessarily be secure;
accordingly you should not include credit card information or other sensitive
information in your email correspondence with us.
Last Updated: November 18, 2010
