Privacy Policy

This privacy statement (“Privacy Policy”) explains the information, collection and use policies of Smartsoft and any of its affiliated companies ("Company", “we” or “us”) with respect to the websites, services, products, technology, software and/or software components (collectively, the "Software & Services")of Company that you install, use, access or interact with ("use"), but excludes software and/or services that have separate privacy policies that do not incorporate this privacy policy.

This Privacy Policy meant to explain, in as clear and plain language as possible, how we collect and use information. You will also find an explanation of certain rights you have  in respect of your Personal Information.

Please read this Privacy Policy carefully, before using our Website, so you can fully understand our practices in relation to Personal Information, before we begin processing your information.

Information Company Collects and Receives.

When you Use the Software & Services, we automatically collect and store the following types of information:

Except as described in this Privacy Policy, it is not our intention to personally identify or contact you through the collection of data described above (except for registration and user support purposes as set forth in this Privacy Policy). However, the data collected may include personally identifiable information or personal data as such terms are defined under applicable laws (“PII” or “Personal Information”) as a necessary part of using the Software & Services. For example, search terms that you enter when using search services as part of the Software & Services may include PII. In addition, IP address and other online identifiers such as cookies and similar web technologies are automatically transferred to us when you visit a publisher website that uses the Software & Services. Not being provided with such information, will affect our ability to provide you with certain elements of the Software & Services.

How Company Uses Your Information.

Use of PII

As stated above, we collect the following information from you:

We consider this information to be PII, meaning that without this information, we would not reasonably be able to identify you. Company processes this information on the basis that it is a data controller of the PII. This is how we use this information:

We will share search term and your IP address with Microsoft, our search partner who provides you with certain aspects of the search services and functionality, including the results of your search queries. To learn more about information collected by Verizon Media, please click here. To learn more about information collected by Microsoft, please click here. You can opt-out of Microsoft's personalized advertising services by following the instructions found here.

Company needs the combination of IP Address, Cookie Id, Install-ID, URL and Search Term to conduct fraud detection on potentially fraudulent and illegal uses of the Software & Services. We need this information for 3 months to conduct this fraud analysis. Following this 3 month period, we will delete all data except for the Cookie-ID and Install-ID which we use for business performance which we discuss in the next paragraph. For this purpose, Company processes this information on the basis of a legitimate interest for preventing fraud.

In performing fraud detection and prevention, we use the services of third parties who will receive and access your PII.

In our experience, business performance in search is measured over a 24 month period, including, the lifetime value of a users that use our Software & Services. For that purpose, Company retains the Cookie-ID and Install-ID and the number of search queries performed (but not the actual search query itself) performed by each ID for a period of 24 months from the initial collection. For this purpose, Company processes this information on the basis of a legitimate interest for its business operations and internal due diligence.

We also use Support Related Information you provide to us to provide you with support and handle your complaints and feedback. This information will not be connected with any other information collected from you on or through the Software & Services, including, any individual ID generated or collected by us, unless you ask as to. For this purpose, Company processes this information on the basis of a legitimate interest and performance of a contract with you.

We will retain this information for the time it takes to provide you with the support you requested and to handle your complaints. We may keep your information for longer periods in case of disputes and other legitimate reasons described in the next section “Disputes and Enforcement; Applicable law, regulations or Enforceable Governmental Request”.

We use your PII and Support Related Information to take action in case of a dispute involving you in connection with the Software & Services and to enforce the terms and conditions applicable to the Software & Services. We also use your PII to comply with legal and regulatory requirements (e.g., the disclosure of information to law enforcement or tax authorities), and to protect against suspicious or other illegal activities.

For this purpose, we may share your information with law enforcement or other competent authorities and any third party, as may be required (e.g to respond to claims or satisfy any legal process, subpoena, or governmental request; or to protect the rights, property, or personal safety of Company’s users, its partners, or the general public). We will also share this information with our professional advisors in the scope of this purpose.

We will retain this Personal Information for the amount of time as required by law to fulfill the above purposes. This may include ensuring that we have an accurate record of your dealings in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your PII or dealings.

Use of Non-PII

Company uses non-PII information it collects for the following purposes:

We retain this information for as long as necessary to fulfill our business and/or operational purposes or comply with a legal request. We may also choose to anonymize parts of your PII so that it can no longer be identifiable or attributable to any person if we want to keep it for longer periods of time than the retention periods set forth above.

Additional Sharing of PII with Third Parties.

We may also share your information in the following events:

With respect to sharing of your PII, we take appropriate measures to minimize the PII that we disclose to the third parties, and we require these third parties (i) to keep the data secured, and (ii) to use the data solely in compliance with this Privacy Policy. In any case other than the above, we will not share your PII with third parties without your prior consent.

Transferring Personal Information From and Outside of the European Union.

We will take appropriate steps to ensure that transfers of your PII are in accordance with applicable laws and carefully managed to protect your privacy rights and interests. To this end, if we as the data controller share your information with our corporate affiliates or third party service providers outside the EEA, we have - prior to sharing your information with such corporate affiliate or third party service provider – established the necessary means to ensure an adequate level of data protection. This may be an adequacy decision of the European Commission confirming an adequate level of data protection in the respective non-EEA country or an agreement on the basis of the EU Model Clauses (a set of clauses issued by the European Commission) or EU - US Privacy Shield certification. We will provide further information on the means to ensure an adequate level of data protection on request.

Third-Party Content.

Certain Software & Services may include content which may be in the form of apps, buttons, gadgets, advertisements, websites, products and services (including search services and advertisements) provided to you by third parties (collectively, "Third Party Content and Services"). The use of such Third Party Content and Services is subject to their privacy policies. In order to clarify, we do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Content and Services and your access to any Third Party Content and Services is at your own risk. We are not responsible for the information contained and/or made available through, the practices of, or your use or inability to use such Third Party Content and Services. You expressly relieve us from any and all liability arising from your use of such Third Party Content and Services. We recommended that you read the terms, conditions and privacy policies of such Third Party Content and Services before using or accessing any of them.

Cookies and Other Technologies.

As indicated above, the Software & Services collects or allows third parties to collect, through blocks of code called “pixels” or “web beacons”, certain information about you and send it to our servers and to our partners (either directly or indirectly). We or our partners, may package all or part of this information into small text files called Cookies and send the Cookie to your computer. As an example, Cookies may store search queries made through the Software & Services, the web pages you accessed, your interaction with advertisements presented to you via the Software & Services, features you used, your session duration and your configurations and preferences of the Software & Services.

Most browsers are initially set up to accept Cookies but you can reset your browser to refuse all Cookies or to indicate when a Cookie is sent. However, some functions of the Software & Services may not function properly if your cookies are disabled.

Minors.

The Software & Services are not intended for minors in any jurisdiction and you hereby represent that you are not a minor according to you relevant jurisdiction. For example, users under the age of 13 in the United States and users under the age of 16 in the European Union are not permitted to use the Software & Services. We do not knowingly collect, use, share or disclose any personal information from minors. We reserve the right to request proof of age at any stage, so that we can verify that minors are not using the Software & Services.

We advise parents and guardians to regularly monitor their children's use of email and other online communications and activities. Control tools that create a safer online environment for children are available from third party online services and software providers.

In the event that it comes to our knowledge that a minor is using the Software & Services, we will prohibit and block such a user from accessing the Software & Services and will make all efforts to promptly delete any PII with regard to such user, as applicable.

If you are a parent or guardian who has discovered that your child has submitted his or her PII without your consent, please contact us as provided in this Privacy Policy and we will take the necessary steps to remove that information from our database.

Your Rights.

The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR or the CCPA):

GDPR Rights:

CCPA Rights:

Exercising your Rights. You can exercise your rights by contacting us as provided under “Contact Us” below. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfill your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

How we Protect your Information.

We have implemented and will maintain appropriate technical and organizational security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. Note that, although we take measures to secure the information we collect and reduce the risk of unwanted disclosure, we cannot guarantee that the information will not be exposed as a result of unauthorized penetration to our servers. Nevertheless, we make commercially reasonable efforts to make the collection and security of such information consistent with this Privacy Policy and all applicable laws and regulations. As the security of information depends in part on the security of the computer or device you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

Do Not Track.

Do Not Track is a privacy preference that can be configured in certain web browsers (the "DNT Feature"); the DNT Feature, when enabled on a web browser, signals the websites you visit that you do not want certain information about your visit collected. Company does not currently respond or recognize DNT Feature signals.

Complaints.

If you have any complaints on our processing of your PII or if you believe that we have breached our own privacy policies or applicable law, we encourage you to contact us. However, please note that applicable EU data protection laws provide you with a right to lodge a complaint with the competent supervisory authority as well.

Changes to This Privacy Policy.

We may, from time to time, change this Privacy Policy. We encourage you to visit and review this Policy frequently to stay informed. Prior to any material change to this Privacy Policy, Company will present you with a detailed notification (e.g. a pop-up notification or other reasonable means) of such change including information on how you may uninstall the Software & Services (to the extent applicable). Other changes, including amendments made to the Policy to comply with legal requirements, will become effective immediately upon their initial posting. Company will also update the "Last updated” date at the end of this Privacy Policy. Your continued use of the Software & Services after any change takes effect, will indicate your acceptance of the amended Privacy Policy. If you do not agree with any of the amended terms, you agree that you shall cease any further use of the Software & Services.

How to Contact Company.

If you have any concerns or questions with respect to any matter covered by this Privacy Policy, you may contact us at: [email protected] or at the following address:

Smartsoft. Georgia, Tbilisi, Didube district, Tsereteli avenue, N56

Last updated: May, 2022