Effective date: January 1, 2022
Smarkup j.s.a. ("Smarkup", "us", "we", or "our") operates the http://www.smarkup.com/ website and the Smarkup Software, productivity tools, applications, software, products and services (hereinafter referred to as the "Service").
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
- "Service" refers to the productivity tools, applications, software, products, Website located at smarkup.com, and services provided by Smarkup.
- "Personal Data" means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
- "Usage Data" is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- "Cookies" are small files stored on your device (computer or mobile device).
- "Workspace" refers to a Workspace Owner's instance of the Services.
- "Workspace Owner" refers to the user that is the primary owner and administrator of the Workspace. The User who controls any Content associated with the Workspace.
- "Authorized User" refer to Workspace Owner or individuals who have been granted access to a Workspace by Workspace Owner, administrators or other users.
- "Data Controller" means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
- "Data Processors" (or "Service Providers") means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
- "Data Subject" (or "User") is any living individual who is using our Service and is the subject of Personal Data.
Identifying The Data Controller And Processor
To further clarify. Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, the Workspace Owner is the controller of Content. In general, Smarkup is the processor of Content and the controller of Personal Data and Usage Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally, identifiable information may include, but is not limited to:
- Email address
- Full name
- Cookies and Usage Data
If you are the Workspace Owner and you participate in our paid plan, we also collect the Address, State, Province, Country, ZIP/Postal code, City and the rest of required information that you give us for billing purposes.
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through our client or a mobile device ("Usage Data").
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, client version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
- Services Metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users work. For example, Smarkup logs the Workspaces, pages, people, features, content and links you interact with, the types of files shared and what Third Party Services are used (if any).
- Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data.
- Device information. Smarkup collects information about devices accessing the Services, including the type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.
There are also Other Information that we collect listed below.
Tracking & Cookies
You can manage your consent preferences in the Cookie Settings.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookie categories we use:
- Session. We use Session Cookies to operate our Service.
- Preference, Features and Services. We use Preference Cookies to remember your preferences and various settings.
- Security. We use Security Cookies for security purposes.
- Authentication. If you're signed in to our Services, cookies help us show you the right information and personalize your experience.
Third Party Services
Workspace Owner can choose to permit or restrict Third Party Services for their Workspace. Typically, Third Party Services are software that integrates with our Services, and Workspace Owner can permit its Authorized Users to enable and disable these integrations for their Workspace. Once enabled, the provider of a Third Party Service may share certain information with Smarkup. For example, if a cloud storage application is enabled to permit files to be imported to a Workspace, we may receive a user name and email address of Authorized Users, along with additional information that the application has elected to make available to Smarkup to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to Smarkup. When a Third Party Service is enabled, Smarkup is authorized to connect and access Other Information made available to Smarkup in accordance with our agreement with the Third Party Provider. We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services.
Third Party Data
Smarkup may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.
Additional Information Provided to Smarkup
We receive Other Information when submitted to our Websites or if you participate in a focus group, beta access, contest, activity or event, apply for a job at Smarkup, request support, interact with our social media accounts or otherwise communicate with Smarkup.
Use of Data
Content will be used by Smarkup in accordance with Workspace Owner’s instructions, including any applicable terms in the Terms of Service and Workspace Owner’s use of Services functionality, and as required by applicable law. Smarkup is a processor of Content and Workspace Owner is the controller. Workspace Owner may, for example, use the Services to grant and remove access to a Workspace, assign roles and configure settings, access, modify, export, share and remove Content and otherwise apply its policies to the Services.
Smarkup uses Usage Data and Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, Smarkup uses Data and Other Information:
- To provide, update, protect and maintain our Service.
- To develop and provide search, learning and productivity tools and additional features.
- To send emails and other communications.
- To notify you about changes to our Service.
- To allow you to participate in interactive features of our Service when you choose to do so.
- To provide customer support.
- To gather analysis or valuable information so that we can improve our Service.
- To monitor the usage of our Service.
- To detect, prevent and address technical issues.
- To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about Smarkup. These are marketing messages so you can control whether you receive them.
- For billing, account management and other administrative matters. Smarkup may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.
- To let you know your position on the Smarkup waiting list by email and to invite you to use Smarkup once it's ready.
Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)
Smarkup may process your Personal Data because:
- We need to perform an agreement or contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it is not overridden by your rights
- For payment processing purposes
- To comply with the law
Retention of Data
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside Slovak Republic and choose to provide information to us, please note that we may transfer the data, including Personal Data, to Slovak Republic or elsewhere and process it there.
Disclosure of Data
We may disclose your Personal Data to the following recipients:
- Others working for and with Smarkup;
- Other users;
- Other applications;
- Smarkup Workspace Owners and Admins;
- Service providers (or processors) – listed below;
- Providers of legal, tax and accounting services;
- Courts, law enforcement agencies;
- Public authorities.
We may share information as discussed below, but we won’t sell it to advertisers or other third parties.
Others working for and with Smarkup
Our Services display information like your name, profile picture, device, and email address to other users in places like your user profile and sharing notifications. You can also share Content with other users if you choose. When you register your Smarkup account with an email address on a domain owned by your employer or organization, we may help collaborators and administrators find you and your Workspace by making some of your basic information—like your name, Workspace name, profile picture, and email address—visible to other users on the same domain. This helps you sync up with workspaces you can join and helps other users share pages and folders with you.
Certain features let you make additional information available to others.
You can also give third-party providers access to your information and account—for example, via Smarkup APIs. Just remember that their use of your information will be governed by their privacy policies and terms.
Smarkup Workspace Owners and Admins
If you are an Authorized User of a Smarkup Workspace, your Workspace Owners and administrator may have the ability to access and control your account. Please refer to your organization’s internal policies if you have questions about this. If you interact with a user from a different Workspace (by, for example, joining a shared folder or accessing stuff shared by that user), members of that Workspace may be able to view the name, email address, profile picture, and IP address that was associated with your account at the time of that interaction.
Disclosure for Law Enforcement
Under certain circumstances, Smarkup may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
We may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or our property
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Stewardship of your data is critical to us and a responsibility that we embrace. We believe that your data should receive the same legal protections regardless of whether it’s stored on our Services or on your home computer’s hard drive. We’ll abide by the following Government Request Principles when receiving, scrutinizing, and responding to government requests (including national security requests) for your data:
- Be transparent,
- Fight blanket requests,
- Protect all users, and
- Provide trusted services.
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, you can do that in your account preferences section and workspace preferences section. If you face any issues with it, please contact us.
As listed in our Terms of Service under J.3, You acknowledge and agree that a downgrade results in a decrease in certain features and functionality and potential loss of access to Content, as illustrated by comparing the plans in the Pricing Guide.
In certain circumstances, you have the following data protection rights:
- The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Data Protection Officer
To communicate with our Data Protection Officer, please email email@example.com.
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use the following Subprocessors to host Personal Data or provide other infrastructure that helps with the delivery of our Services
- Amazon Web Services, Inc., cloud service provider.
- DigitalOcean LLC, cloud service provider.
- Functional Software, Inc., (sentry.io)
- Google Inc., cloud service provider
- MailChimp, mailchimp.com, customer ticketing mail services provider
- Mailgun, mailgun.com, transactional mail services provider
- Slack Technologies, LLC, slack.com, internal company communication
- Stripe, stripe.com, payment provider
- SuperFaktura, s.r.o., superfaktura.sk, billing automation
- Help Scout, helpscout.com, customer support ticketing system
- Waitlisted.co, cloud-based service for wait list management
We may use third-party Service Providers to monitor and analyze the use of our Service.
- Google Analytics, a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
- Google Ads (AdWords) remarketing service provided by Google Inc. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
- CARPATHIAN Tax & Accounting, s.r.o., carpathianag.sk, tax and accounting services
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
If you're a child under the age of 13, you may not have an account on Smarkup. Smarkup does not knowingly collect information from or direct any of our content specifically to children under 13. If we learn or have reason to suspect that you are a user who is under the age of 13, we will, unfortunately, have to close your account.