Revised April 22, 2021
Information Collection and Use
We collect both “Non-Personal Information” and “Personal Information.” Non-Personal Information, which we may use without limitation, includes information that does not personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit, and preferences that are generated based on the data you submit and the number of clicks.
Personal Information collected may include your name, physical address, telephone number, and email address which you submit when you become a prospective customer or a customer, register at a website, receive content, or sign up for an event, or if we suspect our websites are being misused. Subscribers to specific Services will be required to have personal login IDs and passwords.
We also collect Potentially Personally-Identifying Information from visitors like Internet Protocol (IP) addresses for users accessing our sites which, when combined with other information, can be used by us for targeting the marketing of our products and services or used to protect our Sites from suspected misuse.
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you.
Like many website operators, we may collect information that your browser sends whenever you visit our Sites (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, and other statistics. In addition, we may use third-party services such as Google Analytics that collect, monitor, and analyze this information, including identifiers used for cross-tracking for digital advertising purposes, from which you can opt-out by filling out this Google Analytics Opt-out form.
The personally identifiable information that we collect is used to complete requested transactions, provide our services, update our databases, and provide support, and you agree we may contact you for these purposes, as well as for service updates, newsletters, marketing, or promotional materials and other information that relate to our business interests. If you do not wish to receive these communications, we encourage you to opt-out of any further receipt by following the opt-out provisions provided in each such communication.
Disclosure of Information
We may disclose visitor information if requested or required by law, court order, or government or law enforcement authority. In addition, we may in our sole discretion disclose visitor information if we believe in good faith that disclosure is necessary or advisable for any reason including without limitation to protect our rights or property, or that of any third party. In addition, we may at times partner with third parties for marketing purposes or to provide other services and if we do so, it will be for that purpose only.
If we are contacted by a business owner or person to opt-out or correct an inaccuracy or information error, we will promptly investigate the situation and upon confirmation of the error and make the necessary correction.
If you wish to terminate a customer relationship with us, your personal information will be retained as long as required to service your account and comply with our legal obligations, handle disputes, and enforce our agreements.
51 Cragwood Road – Suite 200
S. Plainfield, NJ 07080
Smyyth EU – U.S. and Swiss-U.S. Privacy Shield Policy
We respect individual privacy and value the confidence of our customers, employees, consumers, business partners, and others. This EU-U.S. Privacy Shield Policy and the Swiss-U.S. Privacy Shield Policy (the “Policy”) sets forth the privacy principles that we follow with respect to transfers of personal information from the EU (EU) and Switzerland to the United States.
Compliance with EU-U.S. and Swiss-U.S. Privacy Shield Principles
Smyyth LLC adheres to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework published by US Department of Commerce (“EU-U.S. Privacy Shield Framework” “Swiss-U.S. Privacy Shield Framework”) with respect to personal data about individuals in the EEA and Switzerland that we receive from our customers and other business partners. Smyyth’s EU-U.S. Privacy Shield Certification and Swiss-U.S. Privacy Shield Certification also extends to data that we receive directly through Smyyth’s publicly accessible websites via secure form submission. More information on EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Framework and Smyyth’s scope of participation in the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework is available at www.privacyshield.gov/welcome.
Privacy Shield Principles
Client Personal Data processed or stored by us may be subject to contractual agreements with our clients that require more stringent privacy and security safeguards than the requirements in the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Policy. At a minimum, however, we handle Client Personal Data in accordance with our EU-U.S. and Swiss-US Privacy Shield Frameworks, which is based upon the principles identified in the EU-U.S. Privacy Shield Framework and the Swiss-US Privacy Shield Policy Framework.
This Notice addresses data subjects residing in the EU (“EU Persons”), UK, or in Switzerland whose data we may receive from one of our customers, suppliers, or other business partners in the EU, UK, and in Switzerland, e.g., referral partners, integration partners, etc. When we receive Client Personal Data for processing pursuant to instructions of clients or their partners, we are acting as an agent for our client and do not provide notice to individuals regarding the collection and use of their personal data. Our clients remain responsible for providing notice, if and to the extent they believe such notice is necessary under applicable EU law.
Business Purposes for the Collection and Use of EU & Swiss Personal Data
We sell and maintain integrated cloud-based accounts receivable automation, credit management monitoring, workflow, and information solutions largely to midsize and enterprise businesses. In connection with this, we may receive business-related information from the EU, and Switzerland, including contact information of individual representatives of the businesses with whom we or our customers are dealing, including, without limitation, names, addresses, work phone numbers, work email addresses, etc. of EU Persons (“EU Data”) and Swiss persons. In connection with some services, our customers use our hosted technology platform to augment our data with their data at their own discretion. As EU, UK, and Swiss Data covered by this Notice is by definition sent to us by another company in the EU, UK, or Switzerland (e.g., a customer of Smyyth), the categories of data sent and the purposes of processing often depend on such other company and in some cases we do not control the data and we may need to provide you to the supplier or controller of that data to address any concerns or issues, with whom the EU, UK, or Swiss Person typically has closer employment or business relationship (and which, therefore, can provide additional information on categories of data shared with us). We will not use Client Personal Data for any other purposes than for the purposes that Smyyth clients provide such information.
We collect and use EU, UK, and Swiss Data for purposes of providing products and services to our customers and conducting related tasks for legitimate business purposes.
Accountability of Onward Transfer
Smyyth’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Smyyth remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles unless Smyyth proves that it is not responsible for the event giving rise to the damage.
We recognize potential liability in cases of onward transfer to third parties, and will not transfer any personal information to a third party without first ensuring that the third party adheres to the Privacy Shield principles via a contractual arrangement. We do not transfer Client Personal Data to unrelated third parties unless directed by a client, or in certain limited or exceptional circumstances in accordance with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework. For example, such circumstances would include disclosures of Client Personal Data required by law or legal process. If our information practice should change in the future we will update this policy and provide opt-out choices to individuals where appropriate.
Should we learn that an unrelated third party to which Personal Data has been transferred by us is using or disclosing Personal Data in a manner contrary to this Policy, we will take reasonable steps to prevent or stop the use or disclosure.
Note that we may be required to share EU, UK, and Swiss individual’s personal data in response to lawful requests by public authorities including to meet national security and law enforcement requirements.
Contact information and Client Personal Data are accessible only by those employees and consultants who have a reasonable need to access such information in order for us to fulfill contractual, legal, and professional obligations. All of our employees and consultants have entered into confidentiality agreements, and have been subjected to a background check.
Access, Review & Update
We acknowledge the right of all individuals to access their personal data. If you are an EU, UK, or Swiss Person about whom we hold Personal Data, you may request access to, and the opportunity to update, correct or delete such data. To submit such requests or raise any other questions, please contact info@Smyyth.com. We reserve the right to take appropriate steps to authenticate an applicant’s identity, to charge an adequate fee before providing access, and to deny requests, except as required by the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks.
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to info@Smyyth.com.
We comply with this EU-U.S. and Swiss-U.S. Privacy Shield Frameworks by utilizing the self-assessment approach as specified by the U.S. Department of Commerce. The assessment is conducted on an annual basis to ensure that our relevant privacy practices are being followed in conformance with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks.
Smyyth is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
In compliance with the Privacy Shield Principles, Smyyth commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union, United Kingdom, and Swiss individuals with Privacy Shield inquiries or complaints should first contact Smyyth by email at info@Smyyth.com or in writing at:
51 Cragwood Road – Suite 200
S. Plainfield, NJ 07080
We will promptly investigate and attempt to resolve complaints and disputes in a manner that complies with the principles described in this Policy.
Smyyth has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints/ for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
EU-U.S. and Swiss-U.S. Privacy Shield Policy Updates
This EU-U.S. and/or Swiss-U.S. Privacy Shield Policies may occasionally be updated. When material updates are made, the date of the last revision will be reflected at the end of the page. This page may be bookmarked to facilitate periodic review of EU-U.S. and Swiss-U.S. Privacy Shield Policy and to note recent updates. Neither the EU-U.S. Privacy Shield Policy or Swiss-U.S. Privacy Shield Policy nor updates to it will affect or modify any contracts we have with our clients.
Your European Privacy Rights Under the EU General Data Protection Regulation (GDPR).
If you reside or work in the European Union, we are committed to facilitating the application of your rights incorporated in the EU General Data Protection Regulation (“GDPR”).
Privacy rights under the GDPR include:
Transparency and the right to access your information, objection, restriction of processing, erasure, and its portability, and you can withdraw any consent you give. You can contact us directly to discuss your privacy concerns, and we will respond promptly.
Your right to opt-out of receiving our direct marketing material at any time, including following the opt-out instructions in our commercial emails or by sending an email request to email@example.com, and we will remove you from future correspondence.
If you believe that the processing of your personal data infringes your privacy rights according to the General Data Protection Regulation, you have the right to file a complaint with a supervisory authority in the member state of your home residence, place of work, or place of the alleged infringement.
You may find contact details for the EU data protection authorities, country by country, on the European Data Protection Board website at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
To exercise these rights, please contact us at firstname.lastname@example.org, providing your name, email address along with your specific request.