Privacy Policy

Welcome to Smartplan! The Smartplan website and any related content and services (the “Services”) are provided by SmartplanAI, Inc. (“Smartplan”). We are committed to safeguarding the privacy of our customers and end users of our Services. This Privacy Policy describtes how we collect, use, and disclose Personal Information (as defined below) and what choices you have with respect to the information.

Wherever used in this Privacy Policy, “you,” “your,” or similar terms means the person or legal entity using the Services. If you are using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Privacy Policy.

Wherever used in this Privacy Policy, “Smartplan,” “we,” “us,” or “our” means SmartplanAI, Inc.

We may update or amend this Privacy Policy in our sole discretion. If we do so, we will notify you of any changes that, in our sole discretion, materially impact this Privacy Policy. Continued use of the Services after any such changes to the Privacy Policy have been made shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Privacy Policy, which is available at smartplanai.com/privacy. When we change this Privacy Policy, we will modify the “Last Updated” date above.

Smartplan is based in the United States.

INFORMATION WE COLLECT

We may collect Personal Information from you as a customer or end user of the Services. Personal Information means information that directly or indirectly identifies you, such as your name or email address. We may also collect anonymous information, i.e., information that does not directly or indirectly identify you, such as your computer’s operating system or browser version.

Personal Information we collect when you use the Services

Personal Information we collect when you use our Services may include, but is not limited to, the following:

• individual information including your name
• business information including your company or business name, and other information regarding your business and/or employees that can be used to identify an individual;
• contact information including your email address; and
• billing information including payment details such as credit card information.

Personal Information we collect from your other interactions with us

We collect Personal Information when you interact with us, such as when you use our website, upload user content to your account, communicate with us via email, telephone, or social media, or when we collect feedback from you regarding the Services. The Personal Information we may collect in these circumstances include individual or business name, address, email, phone number, company/employer, and reason for contacting us.

Personal Information we collect from you automatically

In order to improve the Services and enhance your user experience, we automatically collect usage information when you browse our website or use our Services. This information includes digital interactions data, metadata (collected on an anonymous basis), information about your device, browser, and operating system, and computer IP addresses.

COLLECTION OF INFORMATION FROM THIRD PARTIES

We may also collect your Personal Information from third parties when you have provided consent or when there is a legal basis for such collection. For example, if you are an employee or independent contractor of a company that uses the Services on your behalf, an authorized representative of the company may provide Personal Information about you to us for the purpose of using our Services. Personal Information may also be collected through third-party APIs, and by third-party service providers who are permitted to disclose that information to us to support our delivery of the Services to customers and end users.

If your employer or other authorized person has entered your Personal Information into the Smartplan platform on your behalf, you will need to contact that person for any questions you have about your Personal Information (including when you want to access, correct, or amend the information, or request that your Personal Information be deleted).

HOW WE USE INFORMATION

We use information that we collect to perform our business activities and to operate, improve, support, and market the Services. Specifically, we use such information:

• to provide, update, support, and improve the Services and our other product offerings;
• to create, maintain, customize, and secure your account with us; 
• to communicate with you;
• to investigate and help prevent security issues and abuse; and
• as otherwise required or permitted by applicable law or legal process.

Information that is aggregated or de-identified so that it is no longer reasonably associated with an identifiable natural person may be used for any legitimate business purpose.

HOW LONG WE KEEP YOUR PERSONAL INFORMATION

The length of time we keep your Personal Information depends on what it is and whether we have an ongoing business need to retain it (for example, to provide you with Services that you or your employer has requested or to comply with applicable legal, tax, or accounting requirements).

We will retain your Personal Information for as long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it, in accordance with our data retention policies and practices. Following that period, we will delete or anonymize your data.

SHARING INFORMATION WITH THIRD PARTIES

We do not sell or trade Personal Information to any third parties.

We contract with certain third-party service providers in order to operate and provide features through the Services. For example, we use Stripe for payment processing, and we use Pusher for real-time messaging. Such service providers may need access to your information, including Personal Information, to perform fulfillment and other services. We undertake to provide only that portion of your information needed to perform the pertinent service, and we require that all of our service providers hold your information in confidence and use it only to provide the service for which they have been engaged.

We do not provide contact information to third-party marketers without your permission. We may share your information when legally required to do so, at the request of governmental authorities conducting an investigation or by applicable law, rule or regulation, to verify or enforce compliance with our Terms of Service and any other policies governing the Services, or to protect against misuse or unauthorized use of the Services. We also may disclose information whenever we believe disclosure is necessary to limit our legal liability, to protect or defend our rights or property, or protect the safety, rights, or property of our users or other third parties.

In the event of a merger, consolidation, or other corporate reorganization in which we participate or a sale of all or substantially all of our stock and/or assets to which the Services relate, we may transfer your Personal Information to the successor entity or purchaser.

LINKS TO THIRD-PARTY CONTENT

We may provide links to websites, software, or services owned or operated by third parties (“Third-Party Content”). We are providing these links to you as a convenience, and Smartplan does not verify, make any representations, or take any responsibility for such Third-Party Content, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, products, services, or information provided therein. The Third-Party Content may be subject to different privacy policies and business practices than the Services. Your dealings and communications through the Services with any party other than Smartplan are solely between you and such third party. 

We encourage you to be aware when you leave the Services to read the privacy policy of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by us.

COOKIE POLICY

This website uses Google Analytics. Google Analytics uses cookies. Google collects data about user visits to our website. This data is used to ensure that our website is designed and continuously optimized to meet the needs of our users and to measure the success of marketing measures. Pseudonymized user profiles are created and cookies are used as a part of this process. The information generated by the cookie about your use of our website, such as the browser type/version, the operating system used, the referring URL, the host name of the accessing computer (IP address) and the time of the server request, are transferred to a Google server.

We do not otherwise use cookies on our website or as part of the Services.

INTERNATIONAL TRANSMISSION OF INFORMATION

The internet is a global environment. Your information may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. By using the Services and/or communicating electronically with us, you acknowledge and agree to our processing of your information in this manner, and agree to be bound by all privacy laws that apply to you and us.

SECURITY

We use a variety of physical, electronic, and procedural safeguards to protect your Personal Information. However, no method of electronic storage or method of transmission over the internet or phone lines is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee the protection of any information against unauthorized access, disclosure, alteration, or destruction, or that any information may not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. Consequently, when you transmit your Personal Information to us, you do so at your own risk. 

When you create an account with Smartplan, your account information will be password-protected. It is important for you to protect against unauthorized access to your username and password, as well as to your smartphone or other mobile device. We request that you not communicate any confidential or sensitive information to us through email, social media, or any other means.

If we learn of a security systems breach, we shall notify you electronically so that you can take appropriate protective steps. By using the Services or providing Personal Information to us, you agree that we can communicate with you electronically regarding security and privacy issues related to the Services. Smartplan will endeavor to provide notice to you of any security systems breach and efforts to restore the integrity of the Services in accordance with applicable law. If you become aware of any breach of data security or have any other questions about the security of the Services, please contact us at privacy@smartplanai.com.

The security of Personal Information also depends in part on the security of the smartphone or device you use to communicate with us, the security you use to protect usernames and passwords, and the security provided by your internet service provider or mobile carrier. We are not responsible for the security of your internet service provider or mobile carrier.

CHILDREN’S PRIVACY

The Services are not intended or designed to attract individuals under the age of 16. We do not collect personally identifiable information from any person we actually know is under the age of 16. If we learn that an individual under the age of 16 has provided Personal Information, we will comply with applicable privacy laws to delete the information or obtain verifiable parental consent in accordance with the law.

UNSUBSCRIBING FROM COMMUNICATIONS

When you supply us with Personal Information in the course of registering an account, the information you provide may be added to our user database and email list. Likewise, if an authorized representative of the company you work for supplies us with your Personal Information on your behalf, that information may be added to our database and email list. You can opt out of communications by contacting us at privacy@smartplanai.com. 

We may send you email with information on new products, services, and offers. If you do not wish to receive such email in the future, please contact us at privacy@smartplanai.com with the subject header “unsubscribe” to remove yourself from our email list.
We may send you important periodic notices or announcements relating to the Services and/or your account. We reserve the right to send you such notices even if you unsubscribe from all voluntary email communications.

YOUR STATE PRIVACY RIGHTS AND ADDITIONAL DISCLOSURES

Depending on the state in which you reside, you may have certain privacy rights regarding your personal data as explained in the following sections. The following sections apply only to residents of the respective states discussed therein.

Collection, Use, and Disclosure of California Personal Information

During the 12 months leading up to the effective date of this Privacy Policy, we have collected the following categories of Personal Information:  identifiers/contact information, commercial information, payment details, and internet or other electronic network activity information.

We collect Personal Information directly from California residents and from internet service providers, data analytics providers, and operating systems and platforms. We do not collect all categories of Personal Information from each source.

During that period, we made the following disclosures of Personal Information to affiliates, payment services providers, transactional support providers, and technical services providers for business purposes consistent with the purposes described above:  identifiers/contact information, commercial information, payment details, internet or other electronic network activity information, and inferences based on the above categories.

During the 12 months leading up to the effective date of this Privacy Policy, we have not “sold” or “shared” (as these terms are defined under California law) any Personal Information. 

Your California Consumer Privacy Act (CCPA) Information, Deletion, and Correction Rights

If you reside in California, the CCPA allows you to request that we:

• Inform you about the categories of Personal Information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting, selling or sharing your Personal Information; and the categories of third parties to whom we disclose Personal Information.
• Provide access to and/or a copy of certain Personal Information we hold about you.
• Delete certain Personal Information we have about you.  Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, for our internal purposes, or to comply with a legal obligation.
• Correct certain Personal Information we have about you.

If you would like to exercise your right to know, access, delete, or correct your Personal Information, please email us at privacy@smartplanai.com.

We will take reasonable steps verify your identity before responding to your request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, and other information regarding your use of the Services.
  
If you are an agent making a request on behalf of a consumer, we reserve the right to take steps to verify that you are authorized to make that request, which may include requiring you to provide us with written proof such as a power of attorney, as stipulated in applicable state law. As part of the process, we may additionally require the customer to verify their identity directly with us. For security and legal reasons, we will reject requests that require us to access third-party websites or services.

Your Virginia (VCDPA), Colorado (CPA), and Connecticut (CTDPA) Information and Deletion Rights

If you reside in Virginia, Colorado, or Connecticut, the VCDPA, CPA, and CTDPA allow you to request us to:

• Confirm whether or not we are processing your Personal Information and to provide access to and/or a copy of certain Personal Information we hold about you.
• Delete certain Personal Information we have about you.
• Correct certain Personal Information we have about you.

If you would like to exercise your right to access, delete, or correct Personal Information we hold about you, please email us at privacy@smartplanai.com.

Nondiscrimination

We will not discriminate against you for exercising your privacy rights.

YOUR RIGHTS AS A RESIDENT OF THE EUROPEAN UNION

section supplements the information contained above and applies solely to all visitors, users, and others who reside in the European Union. As the data controller, we have prepared this data protection declaration to inform you about the type, scope, and purpose of the processing of personal data in connection with our website, in accordance with the provisions of Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR). “Personal data”, “processing”, “controller”, “data subject”, and “recipient” have the same definitions set forth in the GDPR.

Data controller:

SmartplanAI, Inc.
444 N MICHIGAN AVE, #3450, CHICAGO, 60611
Email: info@smartplanai.com

Data controller’s privacy officer:

Privacy Officer, Smartplan
444 N MICHIGAN AVE, #3450, CHICAGO, 60611
Email: privacy@smartplanai.com

Legal Bases

We process personal data on the basis of at least one of the following legal bases:

• The data subject has given consent to the processing of their personal data for one or more specific purposes;
• Performance of a contract with the data subject or for the implementation of pre-contractual measures taken at the request of the data subject;
• Compliance with a legal obligation to which we are subject; and/or
• Protection of our legitimate interests or those of a third party.

Forwarding of Data to Recipients

We forward personal data to recipients (such as service providers or other third parties) only to the required extent and only under one of the following conditions:

• The data subject has consented to the transfer;
• The transfer is for the fulfillment of contractual obligations or pre-contractual measures on the initiative of the data subject;
• We are legally obliged to make the transfer; and/or
• The transfer is made on the basis of our legitimate interests or those of a third party.

Rights of Data Subjects Residing in the EU

As a data subject who resides in the EU, you have the following rights:

• You can request information about your personal data processed by us.
• You can request the correction of incorrect personal data or the completion of incomplete personal data stored with us;
• You can request the deletion of your personal data stored with us, unless the processing is necessary for exercising the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
• You can demand the restriction of the processing of your personal data in certain circumstances;
• You can object to the processing of your personal data if there are valid grounds for doing so under the law;
• You can withdraw your consent to us at any time; and
• You can lodge a complaint with a supervisory authority.

If you wish to assert the above-listed rights, you can contact our privacy officer at any time at the email address listed above.

Erasure and Restriction of Personal Data

Unless otherwise provided for herein, personal data will be erased if this data is no longer necessary for the purposes for which it was collected or was in any other way processed and if there are no legal obligations that require us to keep it. If personal data is required for other legally permissible purposes, the data will not be erased, but its processing will be restricted in accordance with the GDPR. In the event of a restriction, the data will not be processed for other purposes. This applies, for example, to personal data that we must keep for commercial or tax reasons.

GOVERNING LAW

This Privacy Policy is governed by the laws of the State of New York, without giving effect to any choice of law provision or rule. Any dispute arising in connection with this Privacy Policy must be filed in the state or federal courts located in New York, New York.

QUESTIONS OR CONCERNS

For questions or concerns about this Privacy Policy, please email us at privacy@smartplanai.com.