Privacy Policy

We provide the Services so that our customers can communicate and operate aspects of their businesses. In providing these Services, we process messages, files and other content our customers submit to the Services or instruct us to process on their behalves in connection with the Services (“Customer Data”). As set forth in our privacy policy, SmarterSends also collects other information (“Other Information”) that may include personal data, such as account creation data, usage information and cookie information.

We process Customer Data in accordance with Customer’s instructions, including any applicable terms in a customer’s agreement with Customer and Customer’s use of Services functionality, and as required by applicable law. SmarterSends is a processor of Customer Data and Customer is the controller. To fulfill these purposes, we may, for example, access Customer Data to provide the Services, to prevent or address service or technical problems, to respond to customer support matters, to follow the instructions of our customer who submitted the data, or in response to contractual requirements with our customers. As set forth in our privacy policy, SmarterSends uses Other Information in furtherance of our legitimate interests in operating our Services, Websites and business.

We use a limited number of third party providers to assist us in providing the Services to our customers and to support our business. As of the date hereof, these third party providers perform technical operations, such as database monitoring, data storage and hosting services, and help us provide customer support and other business functions. These third parties may access, process or store personal data in the course of providing these services, but based on our instructions only.

If we receive personal data subject to our certification under the Privacy Shield and then transfer it to a third-party service provider acting as an agent on our behalf, we have certain liability under the Privacy Shield if both (i) the agent processes the personal data in a manner inconsistent with the Privacy Shield and (ii) we are responsible for the event giving rise to the damage.

We may disclose personal data when we have a good faith belief that such action is necessary to: conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements; or to enforce our contractual obligations.