Privacy Policy

GENERAL

Please read this privacy policy (the "Privacy Policy") carefully to understand how Smile Inc., its subsidiary and affiliate corporations, successors, and assigns (collectively, the "Company", "our", "us" or "we") uses and protects the information that we collect from visitors to smile.io, all other websites owned and operated by the Company that redirect to smile.io and all subdomains of smile.io, (collectively, the "Smile.io Site"), our clients ("Clients"), our Client’s customers ("Customers") and other users ("Users") of the Smile.io Properties (as defined below).

We reserve the right to update its Privacy Policy at any time and such modifications shall be effective immediately, unless otherwise stated.

This Privacy Policy applies to information collected by us through the Smile.io Site, any Company computer software downloadable or otherwise available from the Smile.io Site ("Smile.io Software") and any of our services purchased or otherwise made available from the Smile.io Site ("Smile.io Services") (collectively, the "Smile.io Properties").

This Privacy Policy does not apply to the practices of any third party websites, applications or services that the we do not own or maintain (collectively, "Third Party Services"). Specifically, this Privacy Policy does not cover any information or other content you can view via the Smile.io Properties on integrated platforms or information you provide to Third Party Services accessed via the Smile.io Properties. As further detailed below, we cannot and do not take responsibility for the content or privacy policies of any Third Party Services. If you are a Customer, we encourage you to carefully review the privacy policies of the Client whose Content you view and the privacy policies of any integrated platforms or Third Party Services used by such Client which you may access via the Smile.io Properties.

By using a Service or otherwise providing us with your Personal Information, you are accepting the practices described in this Privacy Policy, as they may be amended by us from time to time, and agreeing to our collection and use of your information in accordance with this Privacy Policy. If you do not agree to the collection, use and disclosure of your information in this way, please do not use any of the Smile.io Properties or otherwise provide the Company with Personal Information (as defined below).

DATA WE COLLECT

The Company collects only the information required to provide products and services to you. The amount of information provided by you and collected by the Company depends on the circumstances. The Company may collect two (2) types of information about you: Personal and Non-Personal.

"Personal Information"

Personal Information refers to any information about an identifiable individual (e.g. name, mailing address, telephone number and e-mail address), or an individual whose identity may be inferred or determined from such information. The Company may collect Personal Information when you use the Smile.io Properties including, without limitation, setting up account information, filling out surveys, corresponding with the Company, or otherwise volunteering information about yourself.

"Non-Personal Information"

Non-Personal Information refers to information that, by itself, does not identify you as a specific individual (e.g. demographic information or website visitations). The Company may collect Non-Personal Information through any of the methods discussed above as well as automatically through use of industry standard technologies described further below.

HOW WE COLLECT YOUR INFORMATION

Registration

Prior to using one or more of the Smile.io Properties, the Company may require you to provide us with certain Personal Information and Non-Personal Information to create an account ("Account") or to enable features or functionality of the Smile.io Properties.

For Clients, the Company may gather Personal Information about organizational representatives via various methods (phone, email, online forms, in-person meetings) but only if such Personal Information is submitted voluntarily. The Company may use such Personal Information for sales, marketing, and support of the Smile.io Properties. This Personal Information is never shared with third parties other than Third Party Service Providers utilized by a Client in connection with Smile.io Services.

User communications

When you send email or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests and improve the Smile.io Properties.

Payment Information

When creating an Account or making online purchases, you may be asked to provide information, which may include your payment instrument number (e.g., credit card), your name and billing address, the security code associated with your payment instrument (e.g., the CSV) and other financial data ("Payment Information"). We use Payment Information to complete transactions and for the detection and prevention of fraud. When provided, we will store Payment Information to help you complete future transactions. We do not, however, retain the security code associated with your payment instrument (e.g., the CSV). To remove or modify Payment Information, please contact us billing@smile.io. After you close your account or remove Payment Information, we may retain your Payment Information for as long as reasonably necessary to complete your existing transaction.Thereafter, your Payment Information will be deleted from our database

Information Collected Through Technology

The Company automatically collects and receives certain information from your computer or mobile device, including the activities you perform on the Smile.io Properties, the type of hardware and software you are using (e.g., , your operating system or browser), and information obtained from cookies (see below). If you have an Account, we may link this Non-Personal Information to your Account to better understand your needs and the needs of Users in the aggregate, diagnose problems, analyze trends, provide services, improve the features and usability of the Smile.io Properties and better understand and market to Clients and Users.

We use technology to automatically gather information by the following methods:

Cookies. The Company may use cookies on the Smile.io Site and other aspects of the Smile.io Properties. Cookies, including local shared objects, are small pieces of information that are stored by your browser on your computer’s hard drive which work by assigning to your computer a unique number that has no meaning outside of the Smile.io Properties. Cookies do not generally contain any Personal Information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the Smile.io Properties unavailable to you. Prior to using cookies, the Company will obtain your consent to do so.

IP Address. You may visit many areas of the Smile.io Site anonymously without the need to become a registered User. Even in such cases, the Company will collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin services with an Internet services provider. Each time you access Site and each time you request one of the pages of the Smile.io Site, the server logs your IP address. This information is kept for 24 months.

Web Beacons. Web beacons are small pieces of data that are embedded in web pages and e-mails. The Company may use these technical methods in HTML e-mails that the Company sends to Users to determine whether they have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is Personal Information.

Tracking Content Usage. If you use the Smile.io Services and you post any materials, information and/or intellectual property (collectively, "Content") to your website or to a third party website, the Company tracks and captures Non-Personal Information associated with User accounts and the use of Content by those that access your Content.

Information You Provide About a Third Party

You may have the opportunity to communicate with others from the Smile.io Properties, such as by sending an invitation to a third party. If you choose to take advantage of this functionality, we may ask you to provide us with certain information about the person with whom you wish to communicate (e.g., name, e-mail address, etc.). The Company collects such information for the purposes of facilitating the requested communication, which may contain a specific promotional message from you. Unless we explicitly say otherwise, the Company will not use this information for other marketing purposes without first obtaining consent from the person to whom the relevant information pertains. Please be aware that when you use any invitation functionality on the Smile.io Properties, your e-mail address, name or username and message may be included in the communication sent to your addressee(s).

HOW WE USE YOUR INFORMATION

The Company identifies the purpose for which your Personal Information is collected and will be used, stored or disclosed. If that purpose is not listed below, we will identify any additional purposes for which we will collect your Personal Information before or at the time of collection and we will obtain your prior consent to collect, use, store or disclose your Personal Information for such additional purpose(s).

By using the Smile.io Properties, you will be deemed to consent to our use of your Personal Information for the purposes of:

communicating with you generally;

processing your purchases;

processing and keeping track of transactions and reporting back to you;

protecting against fraud or error;

providing information or services requested by you;

administering and managing the Smile.io Properties and our business operations;

personalizing your experience with the Smile.io Site, as well as evaluating statistics on Smile.io Site activity;

performing statistical analyses of your behavior and characteristics, in order to measure interest in and use of the various sections of the Smile.io Site;

communicating with you on other websites;

e-mail gating;

delivery of content and information to Third Party Services Providers;

complying with legal and governmental requirements; and/or

fulfilling any other purpose that would be reasonably apparent to the average person at the time that we collect it.

Clients utilize Smile.io Properties to manage and deliver Content to Customers. As part of this process the Company may collect from you Personal Information. Otherwise, we will obtain your express consent (by verbal, written or electronic agreement) to collect, use or disclose your Personal Information. You can change your consent preferences at any time by contacting us (see the "How to Access and Change Your Personal Information" section below).

The Company may also use other information that you provide or that we collect from you for the following purposes:

System Administration: The Company may use other information that you provide or that we collect from you for the purposes of system administration, assisting in diagnosing problems with the Company servers, monitoring the Company’s system performance and traffic on the Smile.io Properties and to gather broad demographic information about Clients and Customers.

Personalization: The Company may use Cookies or collect your IP Addresses to track features such as delivering Content specific to your interests and informing you of new, relevant services or certain third party offerings. When collecting such information or installing cookies, the Company will obtain your prior consent.

Advertising: The Company may use other information you provide or that we collect from you to assist in optimizing the delivery of advertisements to viewers of your Content.

HOW TO ACCESS AND CHANGE YOUR PERSONAL INFORMATION

Updating Your Personal Information

Upon request, the Company shall allow Users to update or correct Personal Information previously submitted, but only to the extent such activities will not compromise privacy. Additionally, upon request, the Company shall delete Personal Information from the database where such information is stored; however, it may be impossible to entirely delete a User’s entry without some residual information being retained due to the manner in which data backups are maintained. Requests to delete Personal Information may be submitted to support@smile.io.

E-mail Preferences

Where you have provided consent, the Company may use your Personal Information to send you e-mails periodically listing promotions or events relating to the Smile.io Properties or from the Company’s marketing partners or sponsors. You have the choice to opt-out of receiving such promotional e-mails by sending an e-mail to support@smile.io and/or following the instructions in such correspondence. Once the Company has processed your opt-out request, the Company will no longer send you promotional e-mails unless you opt back in to receiving such communications.

DISCLOSURE OF INFORMATION TO THIRD PARTIES

Except as described below, we do not sell, transfer or otherwise disclose your Personal Information to outside parties. This statement does not include trusted third party service providers who assist us in administering and providing the Smile.io Properties or provide services to us. Examples include storing and managing Content, analyzing data, providing marketing assistance, integrations of Third Party Services such as CRM and MAP services, processing credit card payments and providing customer service. These third party service providers will have access to Personal Information needed to perform their functions and will not be permitted to use it for other purposes. These trusted third parties will be required to ensure the integrity and security of the Personal Information provided to them. We may use service providers located outside of Canada and, if applicable, your Personal Information may be processed and stored in other countries and may be subject to disclosure under the laws of those countries.

We may share Payment Information with third parties for purposes of fraud prevention or to process payment transactions.

We may also release your information when we believe release is appropriate to comply with the law, enforce our policies, or protect our or others’ rights, property or for safety. We may also provide Non-Personal Information to other parties for marketing, advertising or other uses. Information, including Personal Information, which we collect from Clients, Customers and other Users, is considered to be a business asset. As a result, in the unlikely event that we go out of business, enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your Personal Information may be disclosed or transferred to the third-party acquirer in connection with the transaction.

Lastly, we may provide Clients with certain identifiable usage information directly related to the viewed or accessed Content that they make available through the Smile.io Properties. Such information may include how many and which Content of a particular Client was watched by a particular Customer, from where a particular Content was viewed or accessed by a particular Customer and how many times a particular Content was viewed or accessed by a particular Customer. In addition, if you, as a Customer, provide Personal Information (e.g. e-mail address) as part of accessing and viewing Content, that Personal Information may be collected by us, a provider of Third Party Services or an integrated platform on behalf of the Client who owns the Content and shared with that Client or Third Party Service providers to that Client, as we and others are their service provider. The use of such information will be subject to the information and privacy practices and policies of such Clients and the Company will not be responsible or liable or the use of any information by such Clients and will not be responsible for their use of your information.

Under certain exceptional circumstances, the Company may have a legal duty or right to collect, use or disclose your Personal Information without your knowledge or consent. In accordance with applicable laws, we will not disclose any consumer information (which may include Personal Information) without your written consent, except where consumer information is required to be disclosed: (i) for billing or market operation purposes; (ii) for law enforcement purposes; or (iii) for the purpose of complying with a legal requirement.

You are deemed to consent to disclosure of your information for the above purposes. If your Personal Information is shared with third parties other than Clients, those third parties may be, but are not always, subject to appropriate agreements with the Company and/or its Clients to secure and protect the confidentiality of your Personal Information.

SAFEGUARDING YOUR PERSONAL INFORMATION

The Company takes appropriate security measures to protect against unauthorized access, alteration, disclosure or destruction of Personal Information. These include, but are not limited to, internal reviews of: (a) the Company’s data collection; (b) storage and processing practices; (c) electronic security measures; and (d) physical security measures to guard against unauthorized access to systems where the Company stores Personal Information.

Unfortunately, no data transmission over the Internet can be guaranteed to be secure. As a result, while we are committed to protecting your Personal Information, we cannot ensure or warrant the security of any information you provide to us.

All Company employees, contractors and agents who access Personal Information are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution or unauthorized use or disclosure of Personal Information.

Some or all of the Personal Information we collect may be stored or processed on servers located outside your jurisdiction of residence, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts or law enforcement in those jurisdictions according to laws in those jurisdictions.

USER OF SERVICES BY MINORS

Protecting the safety of children when they use the Internet is very important to us. The Smile.io Properties should only be accessed by individuals of Minimum Age. "Minimum Age" may mean different ages in different countries, depending on where the individual accesses the services. For reference, "Minimum Age" shall mean (a) 14 years old for the United States, Canada, Germany, Spain, Australia, and South Korea; and (b) 13 years old for all other countries. However, if applicable law requires that you must be older than such ages in order for the Company to lawfully provide the Smile.io Properties to you (including the collection, storage, and use of your information in accordance with this Privacy Policy), and then the Minimum Age would be such older age. The Smile.io Properties are not designed nor intended for use by children or anyone else under the age of 13.

THIRD PARTY WEBSITES AND SERVICES

The Smile.io Properties may contain links to third party websites or services, including Third Party Services, (collectively, "Third Party Sources") who may collect Personal Information and Non-Personal Information directly from you. Links to Third Party Sources are intended for convenience only. Third Party Sources are wholly independent from the Company. Third Party Sources may have separate privacy policies and data collection practices, independent of the Company. The Company: (a) has no responsibility or liability for these independent policies or actions; (b) is not responsible for the privacy practices or the content of such websites; and (c) does not make any warranties or representations about the contents, products or services offered on such websites or the security of any information you provide to them.

UPDATES TO THIS PRIVACY POLICY

We reserve the right, at any time, to modify or replace the Privacy Policy. The most recent version of the Privacy Policy is available at https://www.smile.io/privacy-policy. Please check the Privacy Policy periodically for changes, though we may also notify you via email or other direct electronic communication method of any changes that, in our sole discretion, materially impact your use of the Smile.io Properties or the treatment of your Personal Information. Your use of the Smile.io Properties following the posting of any changes to the Privacy Policy constitutes acceptance of those changes.

EUROPEAN ECONOMIC AREA (EEA) NOTICE

If you are located in a country in the European Union (EU) and utilize our Services which are offered to EU residents, or if we collect, track, use or process in some other way your Personal Information collected from you or through your use of our Website, or we transfer that personal information, we will do so in accordance with this Privacy Policy, the applicable Website Terms of Use, and in compliance with applicable requirements of the General Data Protection Regulation (EU 2016/679) (GDPR).

Transfers of Personal Information
Company is a data controller and responsible for your Personal Information, which We may process and store in Canada. The European Commission has decided that Canada ensures an adequate level of protection of individuals’ Personal Information. Company may use the following safeguards when transferring your personal information to a country, other than Canada, that is not within the EEA:

(a) Only transfer your Personal Information to countries that have been deemed by the European Commission to provide an adequate level of protection for personal information;

(b) Where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Information the same protection it has in the EU.

Opt-in
If you are an EU resident, we may only collect your data using cookies and similar devices, and then track and use your personal information where you have first consented to that. We will not automatically collect personal information from you as described above unless you have consented to us doing so. If you consent to our use of cookies and similar devices, you may at a later date disable them (please see above).

Your Legal Rights
Under certain circumstances, you may have rights under the data protection laws in relation to your personal information, including the right to:

  • Request access to your personal information.
  • Request correction of your personal information.
  • Request erasure of your personal information.
  • Object to processing of your personal information.
  • Request restriction of processing your personal information.
  • Request transfer of your personal information.
  • Right to withdraw (revoke) consent.

If you wish to exercise any of these rights, please contact our Privacy Officer at the coordinates provided in the section below.

No Fee Usually Required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we my charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What We May Need From You

We may need to request specific information from you to help us to confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit to Respond

We try to respond to all legitimate requests within [one] month. Occasionally it may take us longer than [a] month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

CONTACT US

If you have any questions or concerns about our privacy policy or privacy practices, you may contact us directly as follows:

Email us: privacy@smile.io
Or:
Smile.io
Attention: Data Protection Officer
305 King Street West, Suite 200
Kitchener, ON
N2G 1B9 Canada

Last Updated: May 24, 2018