Privacy Policy
Effective May 24, 2018
This Privacy Policy (this “Policy”) describes how Smart Constuction Software LLC and its subsidiaries or affiliates (collectively, “SmartContractor,” “we,” “us,” or “our”) gather and use information collected from you when you use the SmartContractor application (the “App”) and affiliated Servers (collectively, the “Server”), or any other products, services or features offered by SmartContractor (collectively, the “Services”).
The SmartContractor Services collect and store some personal information. Personal information is data that can be used to identify or contact a single person.
We understand the importance of your privacy and, accordingly, treat all information that we receive from you in a responsible manner. By using, downloading or accessing the Services, you agree to be bound by this Policy. If you do not agree to the terms of this Policy, you are not permitted to download or use the App or Services. Each time you use the App or Services, the current version of this Policy will apply. Accordingly, when you use the App or Services, you should check the date of this Policy (which appears at the top) and review any changes since the last version.
Incorporation
This Policy is incorporated into and is subject to the SmartContractor Terms of Use. Your use of the App and Services and your provision of any information, including without limitation personal or location information, to SmartContractor is subject to the terms of this Policy and the Terms of Use.
Information We Collect
There are a number of reasons SmartContractor might collect and store personal information:
Registration Information
The use of the SmartContractor app is subscription based. You can subscribe to the SmartContractor app through the Microsoft app store, or by signing up through our website at SmartContractor.com.
When you subscribe to SmartContractor through the Microsoft app store, your personal information is stored and controlled by the Microsoft app store, and passed to SmartContractor. Your personal data privacy with respect to Microsoft are addressed in Microsoft’s privacy policy, which is available here: https://privacy.microsoft.com/en-us/privacystatement.
When you sign up for a free trial for the SmartContractor App through our website, you must provide your name and email address. This is used to identify you in our system, and to communicate with you by email during the free trial period.
Billing Information
When you subscribe to the SmartContractor App through our website, you must also provide payment (your credit card) information, which will be used to bill for use of the SmartContractor App.
Use of SmartContractor
When you use the SmartContractor App, you enter your name, address, email address, and phone numbers so that the SmartContractor App can print that information on documents (estimates, invoices, payment receipts) that you give to your customers.
Customer Data
You may collect and enter various types of information about your customers (“Customer Data”) in the SmartContractor app. Customer information may include, without limitation, personal information about your customers such as names, email addresses, phone numbers, and photos.
Customer Data is stored, controlled, and processed solely on the device on which the SmartContractor App is running.
We do not have access to any Customer Data, therefore we can not disclose or share Customer Data with any third parties. We do not provide access to Customer Data except to you through the SmartContractor App.
Third Party Platforms
We may collect information when you interact with our advertisements or other content on third-party sites or platforms, such as social networking sites. This may include information such as “Likes”, or the fact that you viewed or interacted with our ad content.
Legal Basis
Our Legitimate Interest. The SmartContractor App allows users to create construction related estimates, generate invoices, and enter payment receipts. In order to identify our users within our system, and offer the functionality that the SmartContractor App provides, we have a legitimate interest to collect relevant data. We consider your privacy and data protection rights when we implement our legitimate interests and ensure that the way our Services work don’t impact on those rights.
How We Use the Information We Collect
When Subscribing through the Microsoft App Store
When you subscribe to the SmartContractor App through the Microsoft app store, your name and email address from your Microsoft account is forwarded to us. The Microsoft app store provides you with a 30 day free trial. After that, the Microsoft app store bills the credit card you have on file in the Microsoft app store for your SmartContractor subscription. Your personal data privacy with respect to Microsoft are addressed in Microsoft’s privacy policy, which is available here: https://privacy.microsoft.com/en-us/privacystatement.
When Subscribing through the SmartContractor website
When you subscribe with the SmartContractor App through our website, you must provide a name and email address. This is used to identify you in our system, and to send you some emails during the free trial period to welcome you to SmartContractor, provide a link to our tutorial videos, and to ask if you have any questions or need any help.
When you subscribe to the SmartContractor App through our website,
You do not need to enter your credit card for the free trial period.
If you choose to purchase the SmartContractor subscription, you must provide payment (your credit card) information, which will be used to bill for use of the SmartContractor App.
Billing is processed through PayPal, a third party billing system.
We send your billing information to PayPal which allows them to process your credit card payments. For details about how your personal and billing information is handled and processed by PayPal, please see the PayPal Privacy Policy here: https://www.paypal.com/myaccount/privacy/privacyhub.
Using the SmartContractor App
When you use the SmartContractor App, the SmartContractor App collects and stores your name and contact information that you enter in SmartContractor so that the it can print that information on documents (estimates, invoices, payment receipts, etc.) that you give to your customers.
The SmartContractor App allows you to enter your customers’ name and contact information so that you can have that information available as you fulfill your business relationship with your customers.
Sharing Information with Third Parties
SmartContractor does not sell or rent any of your information, or your customers’ information, personal or otherwise, to any third parties. We share Personal Data with a limited number of our service providers. We have service providers that provide services on our behalf, such as billing services, website hosting, data analysis, information technology and related infrastructure, customer service, email delivery, and auditing services. These service providers may need to access Personal Data to perform their services. We authorize such service providers to use or disclose the Personal Data only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of Personal Data they process on our behalf. Our service providers are predominantly located in the United States of America.
Your Rights and Choices
You have choices regarding our use and disclosure of your Personal Data:
a. Opt out of receiving electronic communications from us
If you no longer want to receive marketing related emails from us, you may opt-out via the unsubscribe link included in such emails. We will comply with your request as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services.
b. Review or change your account Personal Data
If you would like to review, correct, or update Personal Data that You have previously disclosed to us, You may do so by signing in to your PayPal account or by contacting us .
c. Your data protection rights
Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we control about you:
The right to request confirmation of whether we processes Personal Data relating to you, and if so, to request a copy of that Personal Data;
The right to request that we correct or update your Personal Data that is inaccurate, incomplete or outdated;
The right to request that we erase your Personal Data in certain circumstances provided by law;
The right to request that we restrict the use of your Personal Data in certain circumstances, such as while we consider another request that you have submitted (including a request that we make an update to your Personal Data); and
The right to request that we export to another company, where technically feasible, your Personal Data that we hold in order to provide Services to you.
Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Data on grounds relating to your particular situation.
Process for exercising data protection rights
In order to exercise your data protection rights, you may contact us as described in the Contact Us section below. We take each request seriously. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country.
For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.
If you are a customer of a SmartContractor user, please direct your requests directly to the SmartContractor user. For example, if you have provided Personal Information to a contractor who is using SmartContractor to estimate or perform a construction project for you, and you have a request that is related to the information that you provided as part of the construction project, then you should address your request directly to the contractor.
Security and Retention
The security of your personal information is important to us. We maintain a variety of appropriate technical and organizational safeguards to protect your personal information. We limit access to personal information about you to employees who reasonably need to come into contact with that information to provide services to you or in order to do their jobs. Further, we have implemented reasonable physical, electronic, and procedural safeguards designed to protect personal information about you. When you enter sensitive information (such as your password), we encrypt that information in transit using industry-standard Transport Layer Security (TLS) encryption technology. No method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure. Therefore, while we strive to use reasonable efforts to protect your personal information, we cannot guarantee its absolute security.
If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us immediately.
If you are a SmartContractor user, we retain your Personal Data as long as you are subscribed to SmartContractor. We retain Personal Data after we cease providing Services to you, even if you terminate your SmartContractor subscription, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.
Business Transfers
In the event that SmartContractor becomes involved in a merger or acquisition or sells substantially all of its assets or one of SmartContractor’ business units is acquired, your personal information and aggregate information will most likely be one of the assets transferred or acquired by a third party. You acknowledge that such a transfer may occur and that any such third party or its assets may continue to use your personal information or the aggregate information as set forth in this Policy. In the negotiation of any potential merger, acquisition, or sale of SmartContractor, we may share with third parties certain pieces of aggregated, non-personal information. Such information does not identify you individually. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred or used.
Changes to the Privacy Policy
We reserve the right to change our Privacy Policy at any time. If we make changes, we will post them and will indicate on this page the policy’s new effective date. If we make material changes to this policy, we will notify you by email or through notice on the Services.
No Children Under Age 13
The Services are not intended for use by anyone under the age of 13, nor does SmartContractor knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, you may not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we confirm that we have collected personal information from someone under the age of 13 without verification of parental consent, we will delete that information promptly. If you are a parent or legal guardian of a child under 13 and believe that we might have any information from or about such child, please contact us at the email or mailing address provided at the end of this Privacy Policy.
Your California Privacy Rights and Disclosures
California Shine the Light Law
If you are a California resident and we disclose your personally identifiable information to third parties for such third parties’ direct marketing purposes, California’s Shine the Light Law (CA Civil Code Section 1798.83) allows you to request certain information from us about such disclosures. To make a request under the Shine the Light Law, pleasecontact us . Please note that under California law, businesses are not required to respond to such requests more than once during any calendar year.
Contact Us
If you have any questions or concerns about this Privacy Policy, please contact us.