Last Modified: June 16, 2022
SmartMedia Labs, Inc. (“SmartMedia Labs” “we” or “us”) is a leader in Web3 marketing solutions and creator of a technology SaaS platform that enables agencies and marketers to create self-serve, no code, drag and drop non fungible tokens (NFTs) digital experiences. We create SmartMedia Tokens™ (SMTs) which are NFTs and enable the rapid design, development and distribution of SmartMedia Ads® and addressable SmartMedia Objects® that drive engagement, acquisition and loyalty across a digital and mobile-first audience.
2. Children Younger than 18 Years of Age
Neither the App nor our Websites are 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 take reasonable steps to delete that information from our systems. 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 and visitors to the Websites in two ways:
- Directly from you when you provide it to us; and
- Automatically when you use the App or visit the Websites.
Personal Information You Provide Directly to Us
When you download, register with, or use this App or visit the Websites, 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 or Websites. 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 administered by us, and when you report a problem with the App.
- Information that you provide when we ask you to sign up for permission marketing programs; either from us or from one of our Clients.
- 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 Websites, 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 download, register with, access, and use the App or Websites, we may use technology to automatically collect:
- Usage Details. We may automatically collect details of your session using the App (including your session date, time, and duration, precise 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. With the exception of precise geolocation information, we collect similar information when you visit the Websites.
- Browser and Device Information. We may collect information about your Internet browser, 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. We may also create a pseudonymous identifier and place it into a cookie to enable our systems to recognize your browser or device over time.
- 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. For example:
- Uploading photos, audio and video – you may choose to upload these files via the App. For example, we may create a game that invites our users to upload a picture of an orange car. When you upload that picture, we will use the picture to ascertain that the picture uploaded contains an orange car.
- Uploading contact information – If you choose to transfer a SMT to another person, the App will open up your address book in order to enable you to request that such person is interested in that SMT.
Methods of Collection and Technologies Used
For personal information that you provide directly to us, we will collect it through a user interface such as the App portal, a web form or a link to some other communication interface such as email.
For personal information that we automatically collect, we use the following technologies:
- 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 or browser, when you use the App or visit the Websites, certain third parties may use automatic information collection technologies to collect information about you or your browser or device. These third parties may include: advertisers, ad networks, ad servers and analytics companies.
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, Websites and services. For example, the App will collect your precise location information such as latitude/longitude in order to provide mapping functionality within the App;
- To provide advertisements about product and services we think you may like;
- 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;
- 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 and Websites, 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 Websites 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 or Websites.
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 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;
- Service providers and data processors are vendors and contractors that support our business, and which are limited to using personal information only to provide services to us and in accordance with our instructions. These vendors and contractors are prohibited from using the information for purposes other than performing services for SmartMedia Labs. The categories of vendors and contractors used by SmartMedia Labs may include: a) cloud computer, data storage and file storage providers, b) email marketing providers, c) website and b2b sales analytics providers, d) customer relationship management, contact database vendors, data hygiene vendors, survey vendors and project management software providers, e) customer billing systems partners, f) login authentication providers to ensure that the logins to our systems are working efficiently, g) social media platforms for advertising and marketing purposes, h) outsourced computer programmers helping ensure our systems are operating properly, i) auditing, debugging and security vendors;
- 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 Terms of Service; 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 and that which we may collect automatically. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
- Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device's precise 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.
- Promotional Messages. We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. 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. You may also opt-out of receiving any or all communications from us by following unsubscribe instructions in communications (e.g., by clicking the “unsubscribe” link in an email or by replying “stop” to an SMS message.) You may also contact us at privacy ((at)) smartmedialabs ((dot)) io with a request to opt-out.
- Do Not Track. Web browsers include a "Do Not Track" request in the HTTP header. At this time, we do not alter our behavior or change our services upon receiving a "Do Not Track" request.
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 learn more about interest-based advertising and 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
Certain places (e.g., the European Union, UK, Switzerland, and the State of California) require companies that collect personal information to provide data subjects located in those places with certain additional rights. We respond to requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. If you wish to make a request regarding personal information we collect via the App, please do so by logging into your account via the App. You may make a request regarding any personal information collected via the Websites by emailing us at privacy ((at)) smartmedialabs ((dot)) io. Rights that you may have, depending on where you are located, 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 register for an account. You may request that we delete personal information collected via the Websites by emailing us at privacy ((at)) smartmedialabs ((dot)) io.
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 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 Websites or App, so there is no special opt-out procedure. We do provide a mechanism that provides notice and (in certain jurisdictions, e.g., the EU and UK) request your permission for the placement of cookies via the Websites.
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 privacy ((at)) smartmedialabs ((dot)) io.
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. Although we endeavor not to obtain personal information from persons under 18, you may also make a verifiable consumer request on behalf of your minor child.
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 App 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 unless applicable law requires us to fulfill the request sooner. 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.
Except where required under applicable law, 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 or Websites 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. Individuals in California
The California Consumer Privacy Act (CCPA) provides additional privacy protections for California data subjects, including: a) the right to see what data we have about you, your computer, or device (i.e., the right to know), b) the right to delete the data we have about you, your computer or device (i.e., the right to delete) and (although we don’t engage in such sales c) the right to opt-out of the sale of data about you, your computer or device to certain third parties (i.e., the right to opt-out from sales of your information). We do not discriminate against you if you exercise any of the above rights. Moreover, we may not be able to honor a right if doing so would violate applicable law. As a California consumer, if you make a subject access request as set out in Sections 7 & 8 of this Policy, you are entitled to see and delete the personal information that we have about you. California consumers may call SmartMedia Labs’ CCPA data subject access request hotline toll-free at 800.607.5947.
11. Individuals in the European Economic Area, the United Kingdom and Switzerland
Individuals located in the European Economic Area (“EEA”), Switzerland, and the United Kingdom are granted additional privacy rights under the General Data Privacy Regulation (“GDPR”) the Swiss Federal Act on Data Protection, and the Data Protection Act in the UK, respectively. For simplicity, we will refer to the GDPR throughout this Section 11 when describing the data protection laws of all three jurisdictions. Also, while the rest of the Policy uses the term “personal information”, the GDPR term “Personal Data” will be used throughout this Section.
As an EEA, UK or Swiss data subject, you have the right – partly under certain conditions: (a) to request information about the processing of your data free of charge, as well as the receipt of a copy of your personal data. You can request information on the purposes of the processing, the categories of personal data being processed, the recipients of the data (if they are passed on), the duration of the storage or the criteria for determining the duration; (b) to correct your data. Should your personal data be incomplete, you have the right to complete the data, taking into account the processing purposes; (c) to delete or block your data. Reasons for the existence of a cancellation/blocking right can be, among others, the revocation of the consent on which the processing is based, the data subject objects to the processing, the personal data were processed unlawfully; (d) to restrict the processing; (e) to object the processing of your data; (f) to revoke your consent to the processing of your data in the future, and; (g) to complain to the competent supervisory authority about inadmissible data processing. Instructions for making these requests may be found in Sections 7 & 8 of this Policy.
SmartMedia Labs is a “data processor” with respect to the data we process via the App and the Websites. We process the automatically collected data via the App under the legal basis of contractual necessity. We also process certain Personal Data provided by Clients and partners under contractual necessity. For example, we require the billing details of our Clients to process payment for the services. Our sales and marketing team may obtain additional contact details for current and prospective Clients via our legitimate interest so long as they are not overridden by your data protection interests or fundamental rights and freedoms. Similarly, we process data collected via the Websites under our legitimate interest.
SmartMedia Labs utilizes valid data transfers mechanisms such as the Standard Contractual Clauses for cross-border data transfers as required by applicable laws.
12. Data Security
We maintain reasonable 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 to the extent required by applicable laws.
13. Policy Changes
If we change this Policy, we will post the updated Policy in the App and the Websites.
14. Contact Information
You may contact us regarding privacy.
- General questions or comments email: privacy ((at)) smartmedialabs ((dot)) io
- Global Data Protection Officer (DPO) SmartMedia Labs, Inc., Attention: Global Privacy Office, 201 Main Street, Suite 102, Carbondale, CO 81623. Email: DPO ((at)) smartmediatech ((dot)) io
- Our EU Representative is ePrivacy Holding GmbH / ePrivacy GmbH, Große Bleichen 21, 20354 Hamburg, Germany. Email: eu.rep ((at)) eprivacy ((dot)) eu
- Our UK Representative is UK Representative Service for GDPR Ltd. (UKRS), 7 Savoy Court, London WC2R 0EX, United Kingdom. Email: service ((at)) ukrepresentative ((dot)) eu
© 2022 The Labs, Inc. All rights reserved.