Privacy Policy

Last Updated: February 17, 2022

1. Introduction

This Privacy Policy (“Policy”) applies to the SmartMedia Technologies, Inc. App (the “App”) provided by its wholly owned subsidiary doing business as SmartMedia Labs (“we”). This Policy explains what personal information we collect from App users (“you” or “users”) and how we use such personal information. This Policy applies to all App users, regardless of where you live, and how we use such personal

information. This Policy applies to all App users, regardless of where you live, and covers at least the last 12 months of activity. For an explanation of the privacy policies for our website or related companies, please refer specifically to the policies of those other services or businesses.   

This Policy applies to information we collect:

  • Through the App;
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include a connection to the App; and
  • In email, text, and other electronic messages between you and the App.

This Policy does not apply to information collected by:

  • Us either offline or through any other means, including on our website, a website operated by a related company, or any other third party’s website; or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on our website.

Our websites and other apps and other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this Policy carefully to understand what personal information we collect and how it is used. If you do not wish to provide us with your personal information under the terms of this Policy, please do not download, register with, or use the App. By downloading, registering with, or using this App, you agree and acknowledge that we will collect and use your personal information according to the terms of this Policy. Our Policy may change from time to time. Your continued use of the App after we revise the Policy means you accept those changes, so please check the Policy periodically for updates.

2. Children Younger than 18 Years of Age

The App is not intended for children younger than 18 years of age, and we do not knowingly collect personal information from children younger than the age of 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child younger than 18 years of age, please contact us.

3. What Personal Information We Collect and How We Collect It

We collect personal information from App users in two ways:

  • Directly from you when you provide it to us; and
  • Automatically when you use the App.

Personal Information You Provide Directly to Us


When you download, register with, or use this App, we may ask you to provide information to us by which you may be personally identified, including your name, postal address, email address, telephone number, username, or another identifier by which you may be contacted online or offline. This information includes:

  • Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App.
  • Records and copies of your correspondence (including your name, email addresses, phone numbers, and any other information you provide) if you contact us.
  • Details of transactions carried out through the App.

You may also provide information for publication or display ("Posted") on public areas of the App or websites accessible through the App ("User Contributions"). We may collect and maintain copies of your User Contributions, and you should also be aware that your User Contributions may be transmitted to and accessible by others. We cannot control and do not have any responsibility for the actions of third parties who have access to, or with whom you may choose to share, your User Contributions. 

Personal Information We Collect Automatically When You Use the App

When you download, access, and use the App, it may use technology to automatically collect:

  • Usage Details. When you access and use the App, we may automatically collect details of your session using the App (including your session date, time, and duration, geolocation), activity within the App (including content viewed and features used), communications you initiate or receive (including communication content, other participants, and timing), resources that you access and use on or through the App ( including third-party services), and inferences from all of this information that we may add to a user profile associated with your App account.
  • Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
  • Stored Information and Files. With your permission, the App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

We also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services (behavioral tracking). If you do not want us to collect this information, do not use the App.

Methods of Collection

For personal information that you provide directly to us, we will collect it through a user interface such as the App portal or a link to some other communication interface such as email.

For personal information that we automatically collect, we use the following technologies:

  • Cookies. A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. But if you select this setting, you may be unable to access certain parts of our App.
  • Web Beacons. Pages of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related App statistics (for example, recording the popularity of certain App content and verifying system and server integrity).

Third-Party Information Collection

Depending on the settings you select on your smartphone, when you use the App, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • Advertisers, ad networks, and ad servers;
  • Analytics companies;
  • Your mobile device manufacturer; or
  • Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control your settings on your device, these third parties' tracking technologies, or how they may be used based on your device settings. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 

4. How We Use Your Personal Information

We use the personal information that you provide directly to us to:

  • Provide you with the App and its contents and any other information, products, or services that you request from us;
  • Personalize, and develop our App, products, and services;
  • Fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry;
  • Process your requests, purchases, transactions, and payments, communicate with you, and prevent transactional fraud
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; and
  • Notify you when App updates are available, and of changes to any products or services we offer or provide though it; and
  • Maintain the safety, security, and integrity of our App, products and services, databases and other technology assets, and business

We use the Usage Details that we automatically collect from you to improve our App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns;
  • Store information about your preferences, allowing us to customize our App according to your individual interests;
  • Speed up your searches; and
  • Recognize you when you use the App.

We may use the information we collect to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

5. How We Share Your Personal Information

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information to:

  • Our “Clients” – which are third-party businesses that utilize our marketing and advertising capabilities to connect with our users. We will share your personal information (e.g., your email address provided during the registration process) with our Clients only with your consent and pursuant to your instruction to do so. Your Personal Information that we share with our Clients with your consent and under your instructions will be subject to those Clients’ privacy policies;
  • Affiliated businesses, which will be bound by terms of this Policy;
  • Service providers that support our business and which are limited to using personal information only to provide services to us and in accordance with our instructions;
  • A buyer of our business or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SmartMedia Labs' assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information about our App users is among the assets transferred;
  • Fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature, we will transmit the contents of that email and your email address to the recipients;
  • Fulfill any other purpose disclosed by us when you provide the information;
  • Perform any action for which you provide consent;
  • Comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • Enforce our rights arising from any contracts entered into between you and us, including the App EULA; or
  • Protect the rights, property, or safety of SmartMedia Labs, our customers, or others.

6. Your Choices About Our Use of Your Personal Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.

  • Tracking Technologies. You may adjust your device settings to refuse all or some cookies or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.
  • Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the App may then be inaccessible or not function properly.
  • Promotion. If you do not want us to use your email address to promote our own or third parties' products or services, you can opt-out. You can always opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes.

We do not control third parties' collection or use of your information to serve interest-based advertising. But these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.

7. Your Rights and How to Exercise Them

We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. Rights that you may have, depending on the country in which you live, include:

  • Access. You have the right to request that we disclose what personal information we have collected from you over the past 12 months and how we have used it. Once we receive and confirm your verifiable consumer request, we will disclose to you:  
  1. The categories of personal information we collected about you.
  2. The categories of sources for the personal information we collected about you.
  3. Our business or commercial purpose for collecting or selling that personal information.
  4. The categories of other businesses or persons with whom we share that personal information.
  5. The specific pieces of personal information we collected about you.
  6. If we disclosed your personal information for a business purpose, the personal information categories that each category of recipient obtained.


  • Deletion. You also have the right to request that we delete personal information collected from you, subject to certain exceptions. The method to exercise this right is to delete your account through the app on your mobile device and then the app. That will delete your account and the personal information associated with it from our active files. As a result, you will not be able to utilize the App. After your delete your account, we will send to you an email confirming the deletion of the account. Deletion will also result in the removal of your email address from our mailing list, but there may be a lag between deletion of your account and updating our mailing list. If you receive any additional emails from us after deletion, we ask for your patience as we update our mailing list, and you also can follow up with a specific unsubscribe request. It is not our intent to send unwanted communications to you. If you want to continue using the App, you will need to download the App again and reinstate your account.                 
  • Please Note: Deletion of your account may not result in the permanent deletion of all of your personal information from all of our systems, even though it will be deleted from our business’s active operations files. We may retain copies of your personal information to:
  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with applicable law.
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.


  • Personal Information Sales. You are probably aware of laws that give individuals the right to opt out of the sale of their personal information. We DO NOT SELL personal information collected through the App, so there is no special opt-out procedure.
  • Corrections and Updates. You can manage the personal information associated with your account through the app. 
  • Consent Revocation. Withdrawing your consent at any time if we have collected and processed your information with your consent. Withdrawing your consent will not affect the lawfulness of any processing that we conducted prior to your withdrawal, nor will it affect processing of your information conducted in reliance on lawful processing grounds other than consent.
  • Regulator Inquiry. If you are resident of the European Economic Area, the UK, or Switzerland, and you have concerns about our collection and processing of your personal information, you may contact your relevant data protection authority. Contact details for data protection authorities are available here.

To exercise your rights, you should use your account through the App. You will be able to verify your identity through the App.

If you are experiencing problems using the App, you or an authorized representative may contact us by emailing us at

Only you, or a person registered with an appropriate governmental authority that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may make a verifiable consumer request for access or data portability only twice within a 12-month period. 

To verify the identity of an individual making a request, a two-step process will need to be completed. A verifiable consumer request must:

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
  • Separately provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

Again, the best way to exercise your rights is through your user account, which you control.  

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. But we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will use personal information provided in a verifiable consumer request only to verify the requestor's identity or authority to make the request.

8. Our Responses to Your Requests

When you exercise your rights through your account in the App, you should receive information immediately. If you have to contact us through other means (e.g., email), we will endeavor to provide an initial response to a verifiable user request within 10 days of receipt and will attempt to fulfill a verifiable user request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will cover only the 12-month period preceding our receipt of a verifiable user request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your verifiable user request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

9. How Does Exercising My Rights Affect My Use of the App?

We will not discriminate against anyone for exercising any of their rights under this Policy or any applicable information privacy or data protection law. Unless otherwise permitted, we will not:

  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

But if any part of our App involves a financial transaction with you, we may offer you certain financial incentives permitted by applicable laws that can result in different prices, rates, or quality levels. Any financial incentive permitted under applicable law that we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. However, we do not currently provide any financial incentives. 

10. Opting Out of Communications

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from us by following unsubscribe instructions in communications or contacting us at  

11. Data Security

We maintain administrative, physical, and technical safeguards to reasonably protect the confidentiality, availability, and integrity of your personal information and partner with service providers that implement safeguards and controls to protect your personal information.

But given the nature of the internet and the fact that network security measures are not infallible, we cannot guarantee the security of your personal information. In the event we become aware of a data security breach, we will provide you with notice as required by applicable federal, provincial, and state laws.

12. Policy Changes

If we change this Policy, we will post the updated Policy in the App.

If the Privacy Policy changes materially so that we are going to use your personal information in a manner different from that stated at the time of collection, we will notify you by either sending you an email to an address provided to us or in notification through the App. We reserve the right to make the changes to the Policy applicable to all previously collected personal information. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

13. Contact Information

To ask questions or comment about this Policy, contact us at