Privacy Policy

This is the Privacy Policy of the SmartPablo SK s.r.o. website: SmartPablo.com (the "Site"), operated by SmartPablo SK s.r.o (hereinafter referred to as the "SmartPablo", "we", "us", "our" and terms of similar meaning) and our related products and services. It describes the information that we collect from you as part of the normal operation of our Site, and how we disclose and secure this information. It also describes your choices regarding use, access and correction of your personal information. By accepting the Privacy Policy in registration or by visiting and using the Site, you expressly consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to our Terms of Use. Capitalized terms not defined in this Privacy Policy take the meaning assigned to them in the Terms of Service. This document describes how we treat personal data of natural persons while complying with Regulation (EU) 2016/679 of the European Parliament and of the Council – the General Data Protection Regulation, also known as the GDPR (the "GDPR"). This Privacy Policy represents the fulfillment of our information obligation as a controller in respect of data subjects within the meaning of Article 13 of the GDPR.

Our primary purpose in collecting personal information from you is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience safer and easier. We only collect personal information about you that we consider necessary for achieving this purpose. In general, you can browse the Site without telling us who you are or revealing personal information about yourself. In such cases (without registering as a User) we collect various technical information from visitors that is automatically recorded using a variety of tools, such as weblogs, cookies etc. Data collected through our Site includes, in particular: the browser you use, the IP address from which you connected to our Site, the operating system of your device (computer, tablet or phone), the unique IP address of the device that you used to access our Site, conversion and retargeting tracking, how you use our Site. Once you become a User, we require you to provide various contact and identity information, billing information, and other personal information as indicated on the relevant forms on the Site (which vary, depending on what kind of User you are). Where possible, on these forms we indicate which fields are required and which fields are optional. In addition, as you use the Site, you can from time to time enter or send to us personal information. You always have the option to not provide information by choosing not to become a User or by not using the particular feature of the Site for which the information is being collected. If you are a User, we collect your credit card information for billing purposes, as well as registration data (obligatory) including: email address, business name. These data are necessary for provision of our Services. You can also provide other optional data in your profile (name and surname, phone/cell number). While using our Services we also process the following data on your customers provided by you in the invoice: name of the customer’s company, address (street name, street number, city, postcode, country), company registration number, tax identification number, VAT registration information, other business information (e.g. registrations in business registers), notes about the customer and the name, surname, phone number and email address of the customer’s contact person. We also process data on the invoiced products and the quantity and price of the products. We process the personal data referred to in this point under the Data Processing Agreement, which represents the legally binding contract on the personal data processing referred to in Article 28(3) of the GDPR and forms part of this Policy. Some of our pages utilize framing techniques to serve content to our partners while preserving the look and feel of our site. Please be aware that you are providing your personal information to these third parties and not to smartpablo.com. We also automatically track certain information about you based upon your behaviour on our Site and store it through log files. We use this information to do internal research on our users’ demographics, interests, and behaviour to better understand, protect and serve you and our community. This information may include the URL that you just came from, which URL you next go, your computer browser information, and your IP address. We may provide Users’ IP addresses to payment intermediaries in the course of the payment process. We also make use of third party companies to extract contact information, which we will use to contact you in relation to marketing purposes and/or to enhance existing services and programs. Technologies such as: cookies and similar technologies are used by SmartPablo and our partners (e.g., advertising, marketing and analytics), affiliates, or other service providers. These technologies are used in analysing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis. We use cookies to remember users’ settings, store login addresses, authenticate users, run website experiments, and store analytics data. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited. We partner with a third party to either display advertising on our Site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests.

We use personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site, to provide to you the services offered by the Site; resolve service and billing disputes; troubleshoot problems; bill any amounts due from you; measure consumer interest in our products and services, inform you about online and offline offers, products, services, events and updates; deliver information to you that, in some cases, is relevant to your interests, such as product news; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our Terms of Use; provide you with system or administrative messages, and as otherwise described to you at the time of collection. Usage of personal data for the above mentioned purposes is in accordance with the legitimate interest in improving our Site, maintaining our relationship with you and protecting you and other users of the Site, on the basis of Article 6 (1) (f) of the GDPR (i.e. legitimate interests pursued by the controller). Therefore, we may send to your mailbox news and notifications regarding features and updates on the Site, as well as notifications related to your use of the Site. We may also use personal information about you to improve our marketing and promotional efforts, to analyze Site usage, to improve our content and product offerings, and to customize the Site’s content, layout, and services. These processes include automated decision-making and profiling information. The intention of the usage is to improve the Site and the SmartPablo application and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site. Personal data for marketing purposes only are used only with your express consent under Article 6(1)(a) of the GDPR (i.e. the data subject’s consent to the personal data processing) – i.e. if you have subscribed to receive ads, offers and other marketing communication by email; in every such email, you will be given the option to unsubscribe from the newsletter. Further information about how you can withdraw your consent can be found under "Withdrawal of consent" below.

We will share or disclose your personal information with third parties only in the ways that are described in this Privacy Policy, including as follows:

• a) subscribers and Users information: In general, information you enter on the Site is available to the other persons – whether they are customers, subscribers, staff members or others – to whom you give access to your account or to whom you give access to the information through the normal operation of the Site.
• b) payment information: We use credit card and other personally identifiable information (such as PayPal email addresses) you submit to us on the Site, and other information that we collect, as required, to process payments you make through the Site through our payment processor intermediaries. We do not store credit card or other payment method information unless the User choose to enter credit card information for use in the SmartPablo recurring profiles module; in all other cases our payment processors have the sole and complete responsibility for the storage of credit card and payment information. We may also share personally identifiable information with our payment processor intermediaries for risk management and fraud prevention.
• c) legal requests and business transitions, emergencies: In certain situations, SmartPablo may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. SmartPablo may disclose your personal information (a) to any governmental authority as part of an investigation to determine our compliance with any applicable law, rule, or regulation (including privacy laws, rules, and regulations), (b) in response to a court order, subpoena, discovery request, or other lawful judicial or administrative proceeding, (c) as otherwise required or permitted under any applicable law, rule, or regulation, and (d) in good faith, to protect or defend the rights or property of SmartPablo and other users and (e) if SmartPablo is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. When providing the Service, we are assisted by certain third-party – subprocessors: Google Inc. (Business Analytics Services), Amazon Web Services, Inc. (Cloud Service Provider). A subprocessor is a third party data processor engaged by SmartPablo, who has or potentially will have access to or process Service Data (which may contain Personal Data).

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties through the Site, different rules may apply to their use, collection and disclosure of the personal information you disclose. Since we do not control the information use, collection or disclosure policies of third parties, you are subject to their privacy policies. We encourage you to ask questions before you disclose your personal information to others.

You can withdraw the consent you have given for marketing purposes by clicking the appropriate link provided in every email newsletter. If you withdraw your consent, we will immediately cease processing the relevant personal data and delete it, unless there is another legal basis for continued processing thereof. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.Contact us at legal@SmartPablo.com) to initiate the steps required. We will verify your information prior to processing and proceed with the steps necessary within the applicable laws and regulations. Correcting, Updating, and Transferring Your Personal Information Upon written request SmartPablo will provide you with information about what personal information we have about you. To review, delete, and update your personal information to ensure it is accurate, you may login into your account to make the changes, or you may contact us at legal@SmartPablo.com. We will respond to your request within a reasonable timeframe. We may ask you for further information from you to help us respond to your request.

Listed below are your rights and options in relation to personal data that we process. If you want to use any of these options, please contact us at legal@SmartPablo.com.

• a) right of access to personal data (art. 15 GDPR) - you may request that we confirm whether or not we process your personal data and, if we do, you have the right of access to this data (a copy of your personal data) and information about the terms of processing it. We will generally provide this information within one month of the date of your request,
• b) right to rectification and completion of the data (art. 16 GDPR) - you may at any time rectify, complete and update your personal data in your account on the Settings → Company Profile page. We recommend that you do so every time this data changes. If you have a problem updating your personal data, please contact us.
• c) right to erasure (art. 17 GDPR) - In addition to withdrawal of consent, you may have your personal data erased where one of the following grounds applies: (i) the personal data is no longer necessary for the purposes referred to above, (ii) you object to your personal data being processed on the legal ground of a legitimate interest and there are no overriding legitimate grounds for the processing or you object to your personal data processing for direct marketing purposes, (iii) the personal data has been unlawfully processed, or (iv) the personal data has to be erased for compliance with a legal obligation, where the processing is not necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims, unless the GDPR grants other exemptions,
• d) right to restriction of processing (art. 18 GDPR) - In addition, you may request restriction of processing of your personal data, if (i) you contest the accuracy of your personal data, for a period during which its accuracy is being verified, (ii) personal data has been processed unlawfully (instead of requesting erasure of the data), or (iii) we no longer need the personal data for the purposes referred to above, but you need it for the establishment, exercise or defence of legal claims, (iv) you object to your personal data being processed on the legal grounds of a legitimate interest, for a period during which it is being verified whether there are legitimate grounds for continued processing thereof,
• e) right to portability (art. 20 GDPR) - you have the right to have personal data, which you have provided to us for the purposes of performing the contract or on the grounds of your consent and which we process using automated means, transferred to another organization, if technically possible,
• f) right to object (art. 21 GDPR) - you may object, for reasons related to your particular situation, to your personal data being processed on the legal grounds of a legitimate interest. In the event of such objection, we will cease processing your personal data unless compelling legitimate grounds for continued processing or for the establishment, exercise or defense of legal claims are demonstrated,
• g) right to lodge a complaint - if you are dissatisfied with our handling of a complaint or do not agree with the resolution proposed by us, you may make a complaint to the Office for Personal Data Protection, residing at Hraničná 12, 820 07 Bratislava, Slovak Republic (dataprotection.gov.sk).

SmartPablo is a complex business network that connects millions of users. This network relies on the exchange and sharing of information that is important to others in your network. The complexity and connected nature of the system requires that this history exists in perpetuity to accommodate proper function and accounting for the other systems that you have connected to via contracting hours, invoices, estimates. SmartPablo will reasonably assure that information will be deleted in a compliant manner. When a customer chooses to close an account we will remove your information from our marketing and billing systems. This will ensure that there are not further mailings or billings directed towards the cancelled user.

We will retain your information for as long as your account is active or as needed to provide you services. Our goal is to retain your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements; this retention period may extend past the point at which you close your account. The criteria that will be for determining periods of retention will be based on the type of data. For example, data relevant to accounting information will be retained for at least 10 years, whereas temporary cookie data of a web visitor may not be retained at all. Personal data (registration and profile data) are retained for the duration of the contract (Terms of Service), i.e. for the duration of your user account. We store an archived copy of your personal data for the period of 60 days after the contract is terminated for the event of a dispute regarding the relationship between you and us related to the Terms of Service or this Privacy Policy.

We do not share your personal information with third parties, unless it is necessary to carry out your request, for our professional or legitimate business needs, or as required or permitted by law. Where we do transfer your personal information to third parties or service providers, appropriate arrangements will be made in order to ensure correct and secure data processing in compliance with applicable data protection law. To facilitate our global operations, we may transfer and access such personal information from around the world, including from other countries in which SmartPablo has operations. Therefore, your personal information may be processed outside of the EEA and in countries which are not subject to an adequacy decision by the European Commission and which may not provide for the same level of data protection as the EEA. In this event, we will ensure that the recipient of your personal information offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or we will ask you for your prior consent to such international data transfers. We have implemented safeguards to ensure an adequate level of data protection where your personal information is transferred to countries outside the EEA. For further details on the transfer of your personal information, including a list of the organizations with whom said information may be shared, please reach out to our team at legal@SmartPablo.com.

We may amend this Privacy Policy to reflect changes to our information practices (especially due to legal or technological changes, or after adding new or modifying existing features on the Site) or by means of a notice on this Site prior to the change becoming effective. We will notify you of any amendments to this Privacy Policy by sending a notification to your email. The latest and up-to-date version of the Privacy Policy will always be available on the Site, including information about its effective date. If you use our Site after the effective date of such amendments, you will be deemed by us to have read the amendments to the Privacy Policy and the version of the Privacy Policy effective at the time you use the Site. We encourage you to periodically review this page for the latest information on our privacy practices.

It is our goal to make our privacy practices easy to understand. If you have questions, concerns or if you would like more detailed information, please email our data protection representatives at legal@SmartPablo.com.