PRIVACY POLICY

Smart Labels Privacy Notice
Last Updated: May, 2022

Data privacy is important to Smart Labels, LLC (“Smart Labels”). This Privacy Notice ("Privacy Notice") explains how information is collected, used and disclosed by Smart Labels and applies to information collected when you use or access our online or mobile websites (such as www.Smart Labels.com) (collectively the “Site”), products, services or applications (collectively, the “Smart Labels Services"), or when you otherwise interact with us. We respect the privacy rights of users and recognize the importance of protecting information collected about you.

Please read the following carefully to understand how we will collect, use and maintain your personal information. It also describes your choices regarding use, access and correction of your personal information.

 

Information We Collect

Information You Provide to Us.

We may collect personal information from you, meaning information about you that can uniquely identify you, if you choose to provide us with such information. We may also collect information about you that does not uniquely identify you if you choose to provide us with such information. For example, if you register as a Smart Labels User, we may collect your telephone number, state of residence, zip code, email address, and other information.  Also, we may collect this and other information if you access and use the Smart Labels Services (including but not limited to when you upload information, download information, scan items, or other information), participate in any interactive features of the Smart Labels Services, participate in a survey, promotion, contest, sweepstakes, activity or event, make a purchase, apply for a job, request customer support, or communicate with us via third-party social media sites.   Additionally, when you access the Site using a mobile device, we may collect and process real-time information about the location of your device if you consent to allow us to do so.

The types of information we may collect directly from you include your email address, phone number, information about your storage items, and contents of storage you’ve uploaded/modified. We also store the files or other information that you upload or provide to the Smart Labels Services ("Content") in order to be able to provide you with the features and functionality of the Smart Labels Service.

The information of third parties such as name, email address, and other personally identifying information may also be provided to enable the functionality and features of the Smart Labels Service. For example, if you invite a user to Smart Labels, we will collect their email address in order to provide them with an invite to the Smart Labels Service in order to collaborate on the Content you designated.

Information We Collect Automatically When You Use the Smart Labels Services.

 

When you access or use the Smart Labels Services, we may automatically collect information about you, including:

Log Information: We may log information about you when you access and use the Smart Labels Services including your Internet Protocol ("IP") address, device type access times, and Internet Service Provider ("ISP").

Device Information: If you access the Smart Labels Services from a mobile device, we may collect information about the device, including the operating system and version, hardware model, unique device identifiers, mobile network information (as allowed by the mobile network) or platform information (as allowed by the specific platform type). If you experience an error or crash in any of the Smart Labels Services, we may collect data (using first or third party products) and logs from your device including information such as your device’s Internet Protocol (“IP”) address, device name, operating system version, application configuration(s), the time and date, and other statistics.

Usage Information: We may monitor user activity in connection with the Smart Labels Services and may collect information about the applications and features you use, the websites you visit, the Content you access and any actions taken in connection with the access and use of your Content in the Smart Labels Services.


Information We Collect From Other Sources.

 

We may also obtain information from third parties and combine that with information we collect through the Smart Labels Services. For example, we may have access to certain information from a third-party social media service if you create or log into your online account through the service or otherwise provide us with access to information from the service. Any access that we may have to such information from a third-party social media service is in accordance with the privacy notice and authorization procedures determined by that social media service. We protect data obtained from third parties according to the practices described in this policy, plus any additional restrictions imposed by the source of the data.

 

Use of Information

 

We may use the information we collect from you to:

• Enable you to access and use the Smart Labels Services, including uploading information, scanning items, scanning labels, inventory tracking, and downloading information;
• Provide, operate, maintain and improve the Smart Labels Services;
• process and complete your transactions including, as applicable, order confirmation, billing, and shipments;
• Provide and deliver the services and features you request, process and complete transactions, and send you related information, including purchase confirmations and/or downloadable label delivery;
• respond to questions and comments and provide customer support;

·        register Users to receive emails or other information or materials they request;

·        Send you technical notices, updates, security alerts and support and administrative messages;

• Personalize and improve the Smart Labels Services, and provide content, features, and/or advertisements that match your interests and preferences or otherwise customize your experience on the Smart Labels Services;
• Respond to your comments, questions, and requests and provide customer service and support;
• operate, evaluate, and improve our business and the products and services we offer;
• Communicate with you about services, features, surveys, newsletters, offers, promotions, contests, and provide other news or information about Smart Labels, Smart Labels and our select partners;
• Process and deliver contest or sweepstakes entries and rewards;
• Monitor and analyze trends, usage, and activities in connection with the Smart Labels Services and for marketing or advertising purposes;
• Link or combine with other information we receive from third parties to help understand your needs and provide you with better service; Investigate and prevent fraudulent transactions, unauthorized access to the Smart Labels Services, and other illegal activities;
• For other purposes about which we will provide you with prior notice as described in the "Changes to This Notice" section;
• Help you share your optionally publicly enabled labels, at your discretion, for others to scan and view contents;
• Send you push notifications from time-to-time in order to update you about events or activities related to the Smart Labels Services. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we collect certain information about your device such as operating system and user identification information;
• comply with applicable legal requirements or obligations and industry standards; and
• enforce our Terms of Use and other agreements.

 

Smart Labels will use information that you provide consistent with this Privacy Notice. Smart Labels will use information that you provide to us, including Non-Personally Identifiable Information or Personally Identifiable Information, to better serve you and enhance your experience with Smart Labels, among other things. This may include having to modify or copy such Non-Personally Identifiable Information or Personally Identifiable Information, or other information such as images or textual content you provide, in order to provide you with a seamless and enjoyable experience.

 

To this end, you consent to our use and disclosure of any information submitted to or collected by us via your use of Smart Labels Services, and you acknowledge that you have no expectation of privacy, confidentiality or privilege in such information unless as provided by law.

 

Smart Labels may use Non-Personally Identifiable Information and Personally Identifiable Information: (1) to market our products and services to you; (2) to provide targeted advertisements and messages on our Site to you or other users of our Site; (3) to provide the Smart Labels Services; (4) to conduct research and analyze data to improve our products, services, and Site; (5) to deliver special offers, updates, newsletters, customer service, and service announcements to you and other users; (6) to enable our vendors and contractors to provide and assist us in the marketing, operation, troubleshooting and analysis of our Site and other services; (7) to verify User information; (8) to protect our Site or its Users; (9) to engage in any other lawful business activities that are consistent with the foregoing; (10) to comply with any regulatory requirements for the offer or sale of securities required by law, rules or regulations to our affiliates or members; and (11) as required by or to comply with law or our Company policies or to protect us from legal liability.  We may provide any of these services through third parties, which may necessitate sharing Non-Personally Identifiable Information or Personally Identifiable Information with them.


Information Processing
By accessing or using the Smart Labels Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries and territories, which may have different privacy laws from your country of residence.

Sharing and Disclosure of Information
We will not share personal information about you or any Content with any third parties except as described in this Privacy Notice or in connection with the Smart Labels Services. For example, we may share personal information about you including as follows:

Merger or Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

 

Compliance with Laws: We may disclose your information to a third party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (b) to enforce our agreements, policies and Terms of Service, (c) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person, (d) to protect Smart Labels, our customers or the public from harm or illegal activities, (e) to protect the security or integrity of the Smart Labels Services or (f) to any other third party with your prior consent.

Aggregated or Anonymized Data: We may also share aggregated or anonymized information with third parties that does not directly identify you.

 

Smart Labels may make your information, including Non-Personally Identifiable Information or Personally Identifiable Information, available on its Site and visible to other Users of or visitors to the Site.  For instance, subject to certain preferences and permissions as to visibility you will be allowed to make, information you provide about yourself in response to questionnaires on our Site may be made available to others such as information about your Content.  As such, other Users of our Site may be able to personally identify you based on your information made available on our Site. As a further example, if you utilize Third Party Services to log into our Site, other Users to whom you may be connected through such Third Party Service may be able to view or follow information about you, including Non-Personally Identifiable Information or Personally Identifiable Information, on our Site.     

 

Smart Labels may also use and disclose Personally Identifiable Information and Non-Personally Identifiable Information to help us to carry out certain internal functions such as account processing, client services, information management, or other data collection relevant to our business; to protect and defend our rights or property or the rights or property of others; to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our Site or network; as required by courts or administrative agencies; and in connection with a sale, merger, financing, or reorganization of Smart Labels’s business or assets. Any successor in interest to our business would acquire the information we maintain, including Personally Identifiable Information, and may alter the terms of this Privacy Notice.

 

Smart Labels may also employ or contract with other third-party partners, companies, or individuals to perform certain functions or services on its behalf.  Examples of these services from such third parties, companies, or individuals, may include electronic document signing, payment storing and processing, ID verification, sending postal mail and email, escrow services, analyzing data, disbursement of funds, wallet address dissemination, providing marketing assistance, and providing customer service.  As such, these third-party partners, companies, or individuals may have access to your information, including Non-Personally Identifiable Information or Personally Identifiable Information, needed to perform their functions or services, and may not use it for other purposes.

Sharing Features
The Smart Labels Services offers sharing features which allow you to make your labels/totes/storage bins public, which may allow others not connected to your account the ability to visually scan your Smart Labels label and see its contents. The content viewing is read-only and cannot be modified/edit/deleted unless it is done so through the originating owner account of the Smart Labels label. You can choose to make any of your Smart Labels labels public or private. Labels are set to private by default.

 

Opt-Out Options

 

On occasion we will send you email communications with information, marketing or promotional materials.  If you do not wish to receive such emails from us, you may unsubscribe to such communications by checking the unsubscribe button on our Site or by contacting us directly at  help@qrsmartlabels.com.

 

Please note that opt-out requests may take up to five (5) business days to process.  Please also note that at times we may need to send you transactional email communications such as service or termination announcements or payment confirmations which are communications from which you cannot opt-out from.  To unsubscribe from a third party’s communications, contact that third party directly or follow the instructions to unsubscribe in the applicable marketing e-mail.

 

You will be able to modify the information concerning your account by contacting us directly at help@qrsmartlabels.com.

 with any information you wish to change.  If you wish to suspend your account or need help modifying account information, please contact us directly at help@qrsmartlabels.com.

. We may require up to five business days to process such requests.

 

You may stop or restrict the placement of Smart Labels cookies, Google cookies and third-party cookies on your computer by adjusting your web browser preferences or by checking the “Do Not Track” setting in your web browser. If you do so, you may still use our Site, but this may interfere with some of our Site’s functionality.  You may also clear cookies from your computer via your web browser settings.  

 

If you would like us to remove your Personally Identifiable Information from our database, please contact us directly informing us of your request at help@qrsmartlabels.com.

 

 

We are not responsible for removing your Personally Identifiable Information from the lists of any Third Party Services or other third party partner who has previously been provided your information in accordance with this Privacy Notice.

How we Secure your Information

While no service is completely secure, Smart Labels takes reasonable measures to help protect information about you from misuse and unauthorized access, loss, theft, disclosure, alteration and destruction. For example, we encrypt your Content when it is stored in the data centers. In addition, all network communications with Smart Labels Services are protected with encryption, such as Secured Socket Layer (SSL) protocol, during transmission over the Internet.

The servers on which personal information is stored are kept in a controlled environment with limited access. While we take reasonable efforts to guard personal information we knowingly collect directly from you, no security system is impenetrable. In addition, we cannot guarantee that any information you choose to include in your Smart Labels labeled containers you store on the systems are maintained at levels of protection to meet specific needs or obligations you may have relating to that information.

You may access your account information and our service only through the use of an individual user ID and passcode. To protect the confidentiality of personal information, you must keep your email/passcode combination confidential and not disclose it to any other person. Please advise us immediately if you believe your passcode has been misused. If you have any questions about the security of your personal information, you can contact us at help@qrsmartlabels.com.

 

We utilize third party service providers who may store on their servers financial information, electronic signatures addresses, payment and other personally identifiable information. Any third parties to whom we may disclose personal information may have their own privacy policies that describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties.  It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign out when finished using a shared computer.

 

Children’s Privacy Notice

 

The Site is not intended for use by children, especially those under eighteen years of age.  No one under eighteen years of age is allowed to use the Site, provide any personal information or receive our email distributions.  We do not knowingly collect, use or share the personal information of children under the age of thirteen (13).  If we are made aware that we have collected personal information from an individual under age 13, we will delete this information as soon as possible.

 

Non-U.S. Residents

 

The servers are located in the United States.  Please be aware that your information, including your personal information, may be transferred to, processed, maintained, and used on computers, servers, and systems 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.  If you are located outside the United States and choose to use the Site, you do so at your own risk.

 

California Privacy Rights.

 

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have a business relationship (barring exemption) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.  If you wish to submit a request pursuant to Section 1798.83, please contact Smart Labels by email at help@qrsmartlabels.com.

 

Nevada Privacy Rights

 

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties.  You can exercise this right by contacting us at help@qrsmartlabels.com with the subject line “Nevada Do Not Sell Request” and providing us with your email address associated with your account.  Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

Your Account Options

Account Information. You may modify/edit/remove any information you attach to any of your Smart Labels labels and containers at any time using any of our supported endpoints.  If you wish to deactivate your account, please email us at help@qrsmartlabels.com.

, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time. We will respond to your access request within 30 days.

We will retain personal data we process on behalf of our customers as directed by paying customers. Smart Labels will retain this personal information as necessary to comply with legal obligations, resolve disputes, and enforce agreements.

 

We will also retain your information for as long as your account is active or as needed to provide you the services. We will retain and use your information to comply with our legal obligations, resolve disputes and enforce our agreements.

Community Blogs and Forums
Any Smart Labels hosted or Smart Labels-related website, social media channel, blog, or video channel is publicly accessible.  You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.

Social Media Widgets and Features
The Smart Labels Services may include social media features. These features may collect which page you are visiting on our Site, your IP address, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on a Smart Labels Service. Your interactions with these features are governed by the privacy notice of the company providing such features.

To request removal of your personal information from our blog or testimonials, contact us at help@qrsmartlabels.com.  Note however that in some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Testimonials
We display personal testimonials of satisfied customers on our website, advertising, social media channels, and video channels, in addition to other endorsements.

Changes to our Privacy Notice

 

From time to time, Smart Labels may update this Privacy Notice. If our information practices materially change at some time in the future, we will post the policy changes to our Site to notify you of these changes, and we will only use data collected from the time of the policy change forward for these new or different purposes. In the event we make a material change to how we use your personal information, we will provide you with an opportunity to opt out of such new or different use. The date this Privacy Notice was last revised is at the top of this page. You are responsible for periodically reviewing the Site and this Privacy Notice to check for any updates or changes.

 

Applicable Law and Jurisdiction

By accessing the Site and/or by using Smart Labels and/or the Smart Labels Services, you consent to and authorize the export of Personally Identifiable Information to the United States of America and its storage and use as specified in this Privacy Notice.  You further acknowledge and accept that the Site is maintained in the United States of America, and that this Privacy Notice shall be governed by, construed and entered in accordance with the laws of the State of California applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof.  All disputes with respect to this Privacy Notice shall be brought and heard either in the California state courts located in Marin County, or the federal district court for the Northern District of California located in San Francisco, CA. You consent to the in personam jurisdiction and venue of such courts. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.

Contacting Us

If you believe Smart Labels processes your personal data under reliance of the EU - U.S. Privacy Shield Framework or Swiss - U.S. Privacy Shield Framework and have inquiries and concerns that you would like to discuss with us, please contact us using the details in the "Contacting Us" section of this Privacy Notice.  Smart Labels will respond to your inquiry within 45 days.

If you are in the EEA or Switzerland and feel we have not dealt with your concerns and that we are failing to meet our legal obligations, you can report this to your local data protection regulator or the Information Commissioner's Office ("ICO") in the United Kingdom. More information on reporting a concern to the ICO can be found at https://ico.org.uk.

 

If you have any further questions about this Privacy Notice or our privacy practices, please write, phone or email us via the contact information below:

Smart Labels, LLC

336 Bon Air Ctr #129

Greenbrae, CA 94904

help@qrsmartlabels.com