INFORMATION WE COLLECT
There are two general categories of information we collect.
Information you provide us while using the Services
Information that is necessary for the use of the Services.
We ask for and collect the following personal information about you when you use the Services:
Account Information. When you sign up for the Services you create a user account (“SMMPoint Account”), we require certain information such as your first name, last name and email address.
Phone information. If you use our promo codes we require to provide us with your phone number.
Affiliate information. If you participate in our Affiliate program we require to provide us with personal information (such as first name, last name, billing information) to fulfil our legal obligations to you. We also require to provide us with filled tax forms to fulfil our fiscal obligations due to the contract relationship between you and us.
Identity Verification Information. To help create and maintain a trusted environment, we collect identity verification information (such as images of your passport, national ID card) or other authentication information.
Payment Information. To use certain features of the Services (Paid Services) we require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payment.
Information you provide through our support channels. The Services also include customer support, where you may send any question regarding the Services. If you speak to one of our representatives directly, by email or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem and any other information that would be helpful in resolving the issue.
This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services (including use of the Services itself, our Blog, participation in our webinars, events, being our Affiliate).
We retain your account information until you delete your SMMPoint Account. We also retain some of your information, which is anonymised, as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations and to continue to develop and improve the Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.
You may provide us with the following information:
You may choose to provide us with additional personal information in order to obtain a better user experience when using the Services. This additional information will be processed based on your consent.
Additional Profile Information. You may choose to provide additional information as part of your SMMPoint Account (such as your job title, name of your employer, phone number (except when we require your phone number to use promo code by your)).
Other Information. If you use our Blog or another content or would like to participate in our webinars we can ask you to provide us with some information (such as your name, job title, your photo or other information). By posting any information on our website you acknowledge and agree that the data you fill in during the subscription process on our website or any time later creates your public profile (hereinafter “Public Profile”). You acknowledge and agree that the information that you provide in your Public Profile would be visible to the others.
Some of our Services require provision of contact information such as email address or phone number. This information is necessary to provide you these Services. Please note that you are responsible for receiving consent if you use these Services on behalf of other person.
Some of our Services may require to provide an access to your profile in social networks (such as Facebook, Twitter, etc.). You are the only person who decides if you would like to provide this access. You can revoke this access in your social network’s profile any time.
Billing & Payment
If you use our Paid Services we need the following information:
We need to collect the following information, as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use our Paid Services:
Payment Information. When you use the Paid Services, we require certain financial information (like your credit card information) in order to process payments and comply with applicable law.
Identity Verification and Other Information. In some cases (for example if you request to refund fees you paid) we may ask to provide us the following information: your billing information (name, transaction ID, last 4 digits of the credit card associated with the account, billing date, etc.), email address, login name. We also may require to provide us with identity verification information (such as images of your passport, national ID card) or other authentication information in order to verify your identity, provide the Paid Services to you, and to comply with applicable law.
Automatically collected information from your use of the Services.
When you use the Services, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Services.
Device and Connection Information. We collect information about your computer or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience and to fulfil our legal and fiscal obligations.
Payment Transaction Information. SMMPoint may collect information related to your payment transactions through the Services, including the product name, type of payment instrument used, date and time, payment amount, tax amount, credit card number, credit card expiration date, card holder name (if provided), card verification value/code and billing details: first name, last name, phone, address, country, state, city, postal code, and other details connected with transactions.
HOW WE USE INFORMATION WE COLLECT
We use, store, and process information, including personal information, about you to provide, improve, and develop the Services, create and maintain a trusted and safer environment and comply with our legal obligations.
To provide, improve, and develop the Services.
Enable you to access and use the Services.
Operate, protect, improve, and optimize the Services and experience, such as by performing analytics and conducting research. Subject to our contract with you we process this information either manually or by computer.
Provide customer service: to resolve technical issues you meet, to respond to your requests for assistance, to analyze crash information, and to repair and improve the Services.
Send you service or support messages, updates, security alerts, and account notifications.
If you provide us with your contacts’ information, we may process this information: (i) for fraud detection and prevention, and (ii) for any purpose you authorize at the time of collection.
We process this information given our legitimate interest in improving the Services, and where it is necessary for the adequate performance of the contract with you.
To create and maintain a trusted and safer environment.
Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
Conduct security investigations and risk assessments.
Verify or authenticate information or identifications provided by you (such as to verify your ID).
Comply with our legal obligations.
Resolve any disputes and enforce our agreements with third parties.
Enforce our Terms and Conditions and other policies.
We process this information given our legitimate interest in protecting the Services, to measure the adequate performance of our contract with you, and to comply with applicable laws.
To provide, personalize, and improve our advertising and marketing.
Send you promotional messages, marketing, advertising, and other information that may be interested to you based on your preferences (including information about SMMPoint campaigns and services) and social media advertising through social media platforms (such as Facebook or Google).
Personalize, measure, and improve our advertising.
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your SMMPoint Account.
To provide and secure Paid Services.
Enable you to access and use the Paid Services.
Detect and prevent fraud, abuse, security incidents, and other harmful activity.
Conduct security investigations and risk assessments.
Comply with legal obligations (such as anti-money laundering regulations).
Enforce payment policies.
With your consent, send you promotional messages, marketing, advertising, and other information that may be interested to you based on your choice.
We process this information given our legitimate interest in improving the Paid Services, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.
SHARING & DISCLOSURE
We collect information globally and store that information in the EU and the United States. We transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Services. Whenever we transfer your information, we take steps to protect it.
If you give us a consent
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you participate in promotional activities conducted by SMMPoint partners or third parties, for example during conferences.
We share your billing information with any third party who provide us with processing services.
In order to comply with the law, respond to legal requests, prevent harm and protect our rights.
SMMPoint may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) comply with our legal obligations, (ii) to comply with legal process, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to protect the rights, property or personal safety of SMMPoint, its employees, or members of the public.
Where appropriate, we may notify you about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon SMMPoint’s property, its users and the Services. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify you about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
SMMPoint uses a variety of third party service providers to help us provide services related to the Services including Paid Services. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers are based in Europe, Russia, Ukraine and North America. We ensure that this third service providers have an adequate security controls.
SMMPoint will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.
We may share your information, including personal information, with our corporate affiliates in order to support, integrate, promote and improve the Services.
Social networking websites.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social network websites, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products or Services. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be interested to you.
The social network websites with which we may share your personal data are not controlled or supervised by us. Therefore, any questions regarding how your social network websites service provider processes your personal data should be directed to such provider.
Please note that you may, at any time ask SMMPoint to cease processing your data for these direct marketing purposes by sending an e-mail to gdpr@SMMPoint.com.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis marketing and advertising, and other business purposes.
We also may use this information for research and development.
We will never sell your Personal Data to any third party.
OTHER IMPORTANT INFORMATION
Analyzing your communications.
We may review, scan, or analyze your communications on the Services for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
You can revoke your permission and access to your Gmail account at any time by clicking the “bin” icon next to the mailbox mention inside the tool. You can delete all your previous emails available due to the integration by deleting the project in the tool during the revocation process, or sending us the relevant request. As soon as you revoke the access we will remove your gmail API token which allowed us to carry out the functions mentioned above and stop monitoring your emails.
You may exercise any of the rights described in this section by sending an email to gdpr@SMMPoint.com. Please note that we may ask you to verify your identity before taking further action on your request.
Managing your information.
You may access and update some of your information through your SMMPoint Account settings or sending request to gdpr@SMMPoint.com.
Rectification of inaccurate or incomplete information.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your SMMPoint Account).
Data access and portability.
If it is applicable under the legislation in your jurisdictions you may request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
Data retention and erasure.
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information during the provision of the Services to you, you can request that we erase your personal information and close your SMMPoint Account. In this case your information will be erased within 72 (seventy two) hours. Please note that if you request the erasure of your personal information:
We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety within 7 (seven) years in accordance with applicable legislation.
We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting and auditing obligations within 7 (seven) years in accordance with applicable legislation.
Information you have shared with others (e.g., posts in our Blog) may continue to be publicly visible in our Blog. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers. Please be informed that if you directly disclose any information through our Blog, this information may be collected and used by third parties. We will correct or delete any information you have posted in our Blog if you request to do so.
Because we maintain the Services to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time (no more then 3 months).
Withdrawing consent and restriction of processing.
Where you have provided your consent to the processing of your personal information by SMMPoint you may withdraw your consent at any time by changing your SMMPoint Account settings or by sending us notification specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to Section 5.6 and pending the verification whether the legitimate grounds of SMMPoint override your own.
Objection to processing.
If it is applicable under the legislation in your jurisdictions you may require us not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing we will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Where your personal information is processed for direct marketing purposes, you may, at any time ask us to cease processing your data for these direct marketing purposes by sending an e-mail to gdpr@SMMPoint.com or changing settings in SMMPoint Account.
Right to lodge a complaint with a supervisory authority.
Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the country of your habitual residence, place of work or place of the alleged infringement if you consider that we are in a breach of the processing of personal data relating to you.
WE OPERATE GLOBALLY
Prior to sharing your information with corporate affiliate or third party service providers outside the EEA we establish all the necessary means to ensure an adequate level of data protection.
OUR POLICY TOWARDS CHILDREN
The Services are not directed to individuals under 18. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact our support services.
Effective Date: April 10, 2019