Please read this privacy notice (“Notice”) carefully to understand our policies and practices regarding your personal data and how We will treat it. By using a Smartfruit website or app, by calling a Smartfruit CRC, by ordering in a Smartfruit Kiosk or by otherwise giving us your Personal Data, you agree to this notice. If you do not agree to this notice or otherwise fail to provide necessary Personal Data to us (We will indicate to you when this is the case, for example, by making this information clear in our registration forms), (a) you must not use our websites or apps, and (b) We may not be able to provide you with our goods and/or services. This Notice may change from time to time (see Section 10). Your continued interaction with us after We make changes is deemed to be acceptance of those changes, so please check the Notice periodically for updates. This notice provides important information in the following areas:
1. Sources of Personal Data
This Notice applies to Personal Data that We collect from or about you, through the methods described below (see Section 2), from the following sources:
- Smartfruit websites. Consumer-directed websites operated by or for Smartfruit, including sites that We operate under our own domains/URLs and mini-sites that We run on third party social networks such as Facebook (“Websites”).
- Smartfruit mobile sites/apps. Consumer-directed mobile sites or applications operated by or for Smartfruit, such as smartphone apps.
- E-mail, text and other electronic messages. Electronic communications between you and Smartfruit.
- Smartfruit CRC. Calls to our Customer Relationship Center (“CRC”).
- Smartfruit Kiosks (Demo booths) or Demonstrators present in physical third party kiosks.
- Offline registration forms. Printed registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.
- Data from other sources. Social networks, publicly available information.
2. Information we Collect About You and How we Collect it?
2.1 Depending on how you interact with Smartfruit (online, offline, over the phone, etc.), We collect various types of information from you, as described below.
- Personal contact information: This includes any information you provide to Us that would allow Us to contact you, such as your name, postal address, e-mail address, social network details, or phone number
- Account login information: Any information that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.
- Demographic information: Any information that describes your demographic or behavioral characteristics. Examples include your date of birth, age or age range, gender, geographic location (e.g. zip code), favorite products, hobbies and interests, and household or lifestyle information.
- Technical information about computer/mobile device: Any information about the computer system or other technological device that you use to access one of our Websites or apps, such as the Internet protocol (IP) address used to connect your computer or device to the Internet, operating system type, and web browser type and version. If you access a Smartfruit website or app via a mobile device such as a smartphone, the collected information will also include, where permitted, your phone’s unique device ID, advertising ID, geo-location, and other similar mobile device data.
- Websites/communication usage information: As you navigate through and interact with our Websites or newsletters, We use automatic data collection technologies to collect certain information about your actions. This includes information such as which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions, such as content response times, download errors and length of visits to certain pages. This information is captured using automated technologies such as cookies (browser cookies, flash cookies) and web beacons, and is also collected through the use of third party tracking services (such as Double Click, Google Analytics, Adobe Dynamic Tag Management and/or Omniture). You have the right to object to the use of such technologies, for further details please see Section 3.
- Consumer feedback: This includes information that you voluntarily share with Us about your experience of using our products and services.
- Consumer-generated content: This refers to any content that you create and then share with Us on a social network or by uploading it to one of our Websites or apps, including the use of social network apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, We collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third party social networking.
- Social network information: This refers to any information that you share publicly on a social network or information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with Us. Examples include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share. We receive your social network profile information (or parts of it) every time you download or interact with a Smartfruit web application on a social network such as Facebook, every time you use a social networking feature that is integrated within a Smartfruit site (such as Facebook Connect) or every time you interact with Us through a social network. To learn more about how your information from a third party social network is obtained by Smartfruit, or to opt-out of sharing such social network information, please visit the website of the relevant social network.
- Payment and Financial information: Any information that We need in order to fulfill an order, or that you use to make a purchase, such as your debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). In any case, We handle payment and financial information in a manner compliant with applicable laws, regulations and security standards such as PCI DSS.
- Calls to CRC: Communications with a CRC may be recorded, in accordance with applicable laws, for local operational needs (e.g. for quality or training purposes) and, in certain cases, to archive proof of consent for direct marketing and profiling. Payment card details are not recorded. Where required by law, you will be informed about such recording at the beginning of your call and will have the opportunity to object.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.
3. Cookies / Similar Technologies / Log Files / Web Beacons
- Cookies/Similar Technologies: Please see our Cookie Notice to learn how you can manage your cookie settings and for detailed information on the cookies We use and the purposes for which We use them.
- Log Files: We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.
- Web Beacons: Web beacons (also known as “web bugs”) are small strings of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to Us. The information collected via web beacons may include technical information such as IP Address, as well as information about how you respond to an email campaign (e.g. at what time the email was opened, which links you click on in the email, etc.). We may use web beacons on our Websites or include them in e-mails that We send to you. We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalization.
4. Uses Made with your Personal Data
The following paragraphs describe the various purposes for which We collect and use your Personal Data, and the different types of Personal Data that are collected for each purpose. Please note that not all of the uses below will be relevant to every individual.
- Customer Service: We use your Personal Data for customer service purposes, including responding to your enquiries. This typically requires the use of certain personal contact information and information regarding the reason for your inquiry (e.g. order status, technical issue, product question/complaint, general question, etc.).
- Contests, Marketing and other Promotions: With your consent (where required), We use your Personal Data to provide you with information about goods or services (e.g. marketing communications or campaigns or promotions). This can be done via means such as email, ads, SMS, phone calls and postal mailings to the extent permitted by applicable laws. Some of our campaigns and promotions may be run on third party websites and/or social networks. This use of your Personal Data is voluntary, which means that you can oppose the processing of your Personal Data for this purpose.
For detailed information on how to modify your preferences about marketing communication, please see Sections 8 and 9 below.For more information about our contests and other promotions, please see the official rules or details posted with each contest/promotion.
- Social Networks: We use your Personal Data when you interact with third party social networking features, such as to serve you with advertisements and engage with you on social networks. You can learn more about how these features work, the profile data that We obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third party social networks.
- Personalization (offline and online): With your consent (where required), We use your Personal Data (i) to analyze your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalize your experience on our Websites and apps; to ensure that content from our Websites/apps is optimized for you and for your computer or device; and (iv) to allow you to participate in interactive features, when you choose to do so. For example, We remember your login ID/email address or screen name so that you can quickly login the next time you visit our site or so that you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, and with your consent (where required), We also show you specific Smartfruit content or promotions that are tailored to your interests. The use of your Personal Data is voluntary, which means that you can oppose the processing of your personal data for this purpose. For detailed information on how to opt-out please refer to Section 8 below.
- Order fulfillment: We use your Personal Data to process and ship your orders, inform you about the status of your orders, correct addresses and conduct identity verification and other fraud detection activities. This involves the use of certain personal information and payment information.
- Other General Purposes (e.g. internal research, analytic, security): In accordance with applicable laws, We use your Personal Data for other general business purposes, such as conducting internal marketing and demographic studies and measuring the effectiveness of advertising campaigns.
- Legal Reasons or Merger/Acquisition: In the event that Smartfruit or its assets are acquired by, or merged with, another company including through bankruptcy, We may share your Personal Data with any of our legal successors. We may also disclose your Personal Data to third parties (i) when required by applicable law; (ii) in response to legal proceedings; (iii) in response to a request from a competent law enforcement agency; (iv) to protect our rights, privacy, safety or property, or the public; or (v) to enforce the terms of any agreement or the terms of our Website.
5. Disclosure of Your Personal Data
In addition to the Smartfruit entities (in charge of Smartfruit operations) mentioned in the data controllers & contact section (see Section 11), We share your Personal Data with the following types of third party service providers.
Personal Data used to provide you with a personalized experience (see Section 4 above for details) will be kept for a duration permitted by applicable laws
These are external companies that we use to help us run our business (e.g. order fulfillment, payment processing, fraud detection and identity verification, debt collection, website operation, support services, promotions, website development, data analysis, CRC, etc.). Service providers, and their selected staff, are only allowed to access and use your Personal Data on Our behalf for the specific tasks that they’ve been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure. Where required by applicable law, you can obtain a list of the providers processing your Personal Data (see Section 11 to contact Us).
6. Retention of Your Personal Data
In accordance with applicable laws, We will use your Personal Data for as long as necessary to satisfy the purposes for which your Personal Data was collected (as described in Section 4 above) or to comply with applicable legal requirements.
7. Storage and/or Transfer of your Personal Data
- Who can access your Personal Data: Your Personal Data will be processed by our authorized staff, on a need to know basis, depending on the specific purposes for which your Personal Data have been collected (e.g. our staff in charge of customer care matters will have access to your customer record).
- Measures taken in operating environments: We store your Personal Data in operating environments that use reasonable security measures to prevent unauthorized access. We follow reasonable standards to protect Personal Data. The transmission of information via the Internet is, unfortunately, not completely secure and although We will do our best to protect your personal information, We cannot guarantee the security of the data during transmission through our Websites/apps.
- Measures We expect you to take: It is important that you also play a role in keeping your Personal Data safe and secure. When signing up for an online account, please be sure to choose an account password that would be difficult for others to guess and never reveal your password to anyone else. You are responsible for keeping this password confidential and for any use of your account. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls We may provide you in our Website/app.
- Transfer of your Personal Data: The storage as well as the processing of your Personal Data as described above may require that your Personal Data are ultimately transferred/transmitted to, and/or stored at, a destination outside of your country of residence, notably Switzerland and Luxembourg. Where permitted by law, by accepting the terms of this Notice, you agree to such transferring, transmission, storing and/or processing. You also agree that such activities may take place to or in countries offering a lower level of protection than your country of residence.
8. Access to your Personal Data
- Access to Personal Data: Where provided by law, you, your successors, representatives and/or proxies have the right to access, review and request a physical or electronic copy of information held about you. You may also have the right to request information on the source of your Personal Data.
These rights can be exercised by sending Us an e-mail to email@example.com or writing to us at: Smartfruit, Inc., 110 Bridge Street, Brooklyn, NY 11201, attaching a copy of your ID or equivalent details (where requested by Us and permitted by law). If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.
Please note that any identification information provided to Us will only be processed in accordance with, and to the extent permitted by applicable laws.
- Modification and Deletion of Personal Data: Where provided by law, you, your successors, representatives and/or proxies may (i) request deletion, correction or revision of your Personal Data; (ii) oppose the data processing; (iii) limit the use and disclosure of your Personal Data; and (iv) revoke consent to any of our data processing activities.
Please note that, in certain circumstances, We may not be able to delete your Personal Data without also deleting your user account. We may be required to retain some of your Personal Data after you have requested deletion, to satisfy our legal or contractual obligations. We may also be permitted by applicable laws to retain some of your Personal Data to satisfy our business needs.
Where available, our Websites have a dedicated feature through which you can review and edit the Personal Data that you have provided. Please note that We require our registered consumers to verify their identity (e.g. login ID/email address, password) before they can access or make changes to their account information. This helps prevent unauthorized access to your account.
Notwithstanding this, you can also exercise your rights by sending Us an e-mail to firstname.lastname@example.org or writing to us at: Smartfruit, Inc., 110 Bridge Street, Brooklyn, NY 11201, attaching a copy of your ID or equivalent details (where requested by Us and permitted by law). If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.
9. Your Choices About How We Use and Disclose Your Personal Data
We strive to provide you with choices regarding the Personal Data that you provide to Us. The following mechanisms give you the following control over your Personal Data:
- Cookies/Similar Technologies: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being used. Please see Section 3 above.
- Advertising, Marketing & Promotions: If you wish to have your Personal Data used by Smartfruit to promote its products or services, you can indicate so through the relevant tick-box(es) located on the registration form or by answering the question(s) presented by our Trade demonstrators or CRC representatives. If you decide that you no longer wish to receive such communications, you can subsequently unsubscribe from receiving marketing-related communications at any time, by following the instructions provided in each such communication. To opt-out of marketing communications sent by any medium, including third party social networks, you can opt-out at any time by logging into the Websites/apps and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC. Please note that, even if you opt-out from receiving marketing communications, you may still receive administrative communications from Us, such as order or other transaction confirmations, notifications about your account activities (e.g. account confirmations, password changes, etc.), and other important announcements.
- Personalization (offline and online): Where required by law, if you wish to have your Personal Data used by Smartfruit to provide you with a personalized experience, you can indicate so through the relevant tick-box(es) located on the registration form or by answering the question(s) presented by our Trade demonstrators, or CRC representatives. If you decide that you no longer wish to benefit from this, you can opt-out at any time by logging into the Websites/apps and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC.
- Interest Based Advertising: We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve advertising on behalf of Us and other non-affiliated companies on the Internet. Some of those advertisements may be tailored to your interests based on information collected on Smartfruit sites or on non-affiliated websites over time. You may visit www.aboutads.info/choices to learn more about this type of advertising, as well as about how to opt-out of interest-based advertising practices from companies that participate in the Digital Advertising Alliance’s (“DAA”) self-regulatory program. Additionally, you may opt-out of this type of advertising in mobile applications from companies that participate in the DAA’s AppChoices app by downloading the app from the iOS or Android app store. You may also stop the collection of precise location data from a mobile device by accessing your device location service settings.
10. Changes to our Notice
If We change the way We handle your Personal Data, We will update this Notice. We reserve the right to make changes to our practices and this Notice at any time, please check back frequently to see any updates or changes to our Notice.
11. Consumer Ratings & Reviews
These Rules govern your conduct, agreement and the rights of Smartfruit, inc. (“Smartfruit”) as relates to the Consumer Ratings and Review Service (the “Service”). By submitting any Content to the Service, you agree to the following Rules. As used herein, Content means any text, photo, video, likeness or other material or information you provide to the Service.
- If you do not agree to these Rules, please do not use the Service
- By using the service you agree that:
- You are 18 years of age or older;
- If you have received prior payment or promise of payment in return for your proposed submission; or if you have received an incentive such as free product, discounts, gifts, sweepstakes entries you will disclose it in your submission;
- If you are a Smartfruit employee, you have disclosed that relationship; and
- You do not work for any company or agency hired by Smartfruit to promote and/or sell Smartfruit’s products.
- Upon submission of Content to the Service you agree that:
- All Content and Information about yourself that you submit is accurate, up to date, reflects your true opinion, and are based upon your actual experience with the product being reviewed
- The Content you submit is original and was created by you;
- Smartfruit may use the Content for promotional and other purposes as set forth in these Rules and you will not be entitled to any compensation for such use.
- You further agree that you shall not submit any Content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party’s copyright, patent, trademark, trade secret, rights of publicity rights of privacy, moral rights or any other applicable personal or proprietary rights;
- That encourages or advocates any unlawful or unauthorized behavior or activity or violates any law, statute, ordinance or regulation
- That is offensive, obscene, vulgar, or is inappropriate for a public, family friendly, and pet-friendly forum;
- That is, or may be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, threatening or harassing to any individual or entity;
- That includes any information that references third party websites, addresses, email addresses, contact information or phone numbers; or
- That contains any computer viruses, worms, Trojan horses or other potentially damaging computer programs or files.
- All Content that you submit may be used at Smartfruit sole discretion. Smartfruit reserves the right, but not the obligation, to:
- Monitor or review the Content you have submitted;
- To condense, remove or refuse to post any Content submitted to the Service that Smartfruit deems in its sole discretion to be inappropriate or violate any of these Rules without giving you notice; and
- To suspend or terminate your access to the Services as Smartfruit may deem appropriate.
- Smartfruit does not guarantee that you will have any recourse through Smartfruit to edit or delete any Content you have submitted. Ratings and written comments are generally posted in the next days. However, Smartfruit has the right to remove or refuse to post any submission for any reason. You acknowledge that you, not Smartfruit, are responsible for the Contents of your submission. None of the Content that you submit shall be subject to any obligation of confidence on the part of Smartfruit, its agents, subsidiaries, affiliates, or third party service providers and their respective directors, officers and employees
- License to Use Content:
- By uploading or submitting any Content to the Service, you automatically grant Smartfruit a world-wide, non-exclusive, royalty-free, irrevocable, transferrable license to publicly display or re-display, use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or distribute such Content and/or incorporate such Content into any form, medium or technology whatsoever (including but not limited to Smartfruit, websites, third party websites, online and off line advertising, marketing and promotional materials) throughout the world that is used by Smartfruit or its agents in connection with the Service or the promotion or marketing of Smartfruit, and its products and services.
- You represent and warrant to Smartfruit that you own all Content and/or have the unencumbered legal right to grant the above-referenced license to Smartfruit, with respect to all Content that you submit. You also represent that such materials do not infringe on any third party copyrights or other third party intellectual property rights.
- Release and Indemnification:
- You agree to release, indemnify and hold Smartfruit, its parents, affiliated and subsidiary companies (and their respective officers, directors, agents, employees, and agents) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of or in connection with any breach of your representations and warranties set forth above, or your violation of any law or rights of a third party.
- Use of Your Email Address:
- By submitting your email address in connection with your rating and review, you agree that Smartfruit, and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
- Changes to the Rules:
- Smartfruit reserves the right to modify or terminate the Service and these Rules for any reason, without notice, and without liability to you, or any third party. You are responsible for regularly reviewing these Rules so that you are apprised of any changes.
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