Privacy Policy

1.          Introduction

1.1    This Privacy Policy is incorporated into and is subject to the Smartoperations Terms of Service. Capitalized terms that are not defined in the Privacy Policy have the meaning given to them in the Smartoperations Terms of Service. 

1.2    Smartoperations, respects your privacy. This Privacy Policy explains (i) what information we collect through your access and use of our platform accessible at https://webapp.loopeye,net and https://loopeye.net (the “Platform”) as well as through your access and use of our services (together the “Services”); (ii) the use we make of such information; and (iii) the security level we provide for protecting such information.

1.3    By accessing and/or using the Services, you agree to the terms and conditions of this Privacy Policy and are aware that our policies may change in the future to adapt to future practices, technology or modification in the law.

2.          Interpretation and Definitions

2.1    Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

2.2    Definitions

For the purposes of this Privacy Policy:

●      “Account” means a unique account created for You to access our Service or parts of our Services

●      “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Smartoperations

For the purpose of the GDPR, the Company is the Data Controller.

●      “Country” refers to Switzerland

We also collect the personal information from third parties plugins/websites that is provided by visitors who submit that Personal Data through the Platform.●      “Cookies” are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

●      “Data Controller“, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

●      “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.

●      “Personal Data” is any information that relates to an identified or identifiable individual.

For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

●      “Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

●      “Usage Data” refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

●      “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.

 

3.          Collected information

3.1    When you use or access the Services, we may collect your personal data such as but not limited to your name, email address, financial third-party logins information, user name and password, web navigation preferences, or other information that can be used to identify you or contact you (“Personal Data”). For example, we collect this information when you access and use our Services to manage your subscriptions. Please not we avoid to collect IP addresses.

3.2    Smartoperations keeps records of any correspondence, questions, complaints or compliments you submit to us through our services, along with our response.

3.3    We also collect the personal information from third parties plugins/websites that is provided by visitors who submit that Personal Data through the Platform.

4.          Use of collected information

We use Personal Data that you provided us to perform the Services for which the data was collected, such as enabling you to manage your subscriptions and to receive recommendations that may be of interest to you.

4.1    The Company may use Personal Data for the following purposes:

●      To provide and maintain our Service, including to monitor the usage of our Services.

●      To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

●      For the collection of subscription data: when we connect to your financial institution on your behalf to retrieve transaction data and identify subscriptions

●      To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

●      To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

●      To manage Your requests: To attend and manage Your requests to Us.

●      For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

●      For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

 

4.2    We may share Your personal information in the following situations:

●      With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.

●      With third party integrations. (See Plaid) We share information in connection with you connecting to their services via our Services. You may end this connection at any time in your account settings.

●      For business transfers: We may share or transfer Your personal 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.

●      With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

●      With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

●      With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.

●      With Your consent: We may disclose Your personal information for any other purpose with Your consent.

 

5.          Retention of Your Personal Data

5.1    The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

5.2    The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

5.3    We retain account data for a period of time after an account expires, whether through trial expiration or subscription expiration, unless you delete your account.

6.          Transfer of Your Personal Data

6.1    YOUR INFORMATION, INCLUDING PERSONAL DATA, IS PROCESSED AT THE COMPANY’S OPERATING OFFICES AND IN ANY OTHER PLACES WHERE THE PARTIES INVOLVED IN THE PROCESSING ARE LOCATED. IT MEANS THAT THIS INFORMATION MAY BE TRANSFERRED TO AND MAINTAINED ON COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS AND DATA PROTECTIONMAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. IN SUBMITTING SUCH PERSONAL DATA, YOU SPECIFICALLY AGREE TO THAT TRANSFER.

6.2    Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

6.3    The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

6.4    Services offered by Smartoperations are operated from Switzerland.

7.          Disclosure of Your Personal Data

7.1    WE DON’T SELL USER’s DATA.

7.2    Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

7.3       Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

7.4    Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

●      Comply with a legal obligation

●      Protect and defend the rights or property of the Company

●      Prevent or investigate possible wrongdoing in connection with the Service

●      Protect the personal safety of Users of the Service or the public

●      Protect against legal liability

 

8.          Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

9.          Detailed Information on the Processing of Your Personal Data

9.1    The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

9.2    Aggregation

We use third-parties to aggregate financial information and help you to identify your subscriptions.

We use Plaid (see more details in the Terms of Use) 

9.3    Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

We use Google analytics

9.4    Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We use Mailerlite

9.5    Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

We use Stripe

10.       GDPR Privacy Policy

10.1  Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

●      Consent: You have given Your consent for processing Personal Data for one or more specific purposes.

●      Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.

●      Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.

●      Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.

●      Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.

●      Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

 

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

10.2  Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

●      Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.

●      Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.

●      Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.

●      Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.

●      Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.

●      Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

 

10.3  Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible. We seek to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will use the email address you have provided.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

11.       Children’s Privacy

11.1  Our Service does not address anyone under the age of 16. We do not knowingly collect personally identifiable information from anyone under the age of 16. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 16 without verification of parental consent, We take steps to remove that information from Our servers.

11.2  If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

12.       Third party websites

The Platform may contain links to other websites such as Facebook, Twitter, Google+, YouTube, LinkedIn or Pinterest. Please note that this Privacy Policy does not apply to the practices of any company or individual that we do not control, nor to any websites that may be linked from our Platform You should carefully review the privacy policies of any websites that you visit from ours to learn more about their information and privacy practices. The collection and use of your personal information shall be governed by such other party or website’s privacy policy. We cannot be held responsible for their privacy practices.

13.       Communication to third parties

13.1  We may in some limited instances communicate your Personal Data to third parties e.g. PayPal or Stripe to whom we outsource the performance of some Services such as payment services.

13.2  We will disclose Personal Data as required by law and/or by a competent authority or court, or if in our judgment it is necessary to protect us or the users of our Services from any damage, loss or liability.

14.       California privacy rights (CCPA)

14.1  Under the CCPA users of our Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

14.2  Smartoperations has not and does not transfer information to third parties for direct marketing purposes. In the event we decided to do so in the future, we would provide affirmative consent and opt-out procedures.

14.3  The CCPA provides consumers who reside in California with rights regarding their personal data. As we are starting business we are under the legal thresholds . Our aim is to comply with this regulation especially as GDPR is usually stricter than the CCPA. Please make all your consumer request to [email protected] and we will treat your request as we handle GDPR requests.

15.       Cookies

15.1  We also use “cookies” to collect information. A cookie is a small data file that we transfer to your electronic device and is stored on your electronic device. When you access and use our Services, e.g. our Platform, the cookie identifies your electronic device. We also use cookies to measure the traffic to and usage of our Services and their different features, and other miscellaneous uses. Our Cookies Policy is accessible just hereunder.

15.2  If you do not wish to have cookies placed on your electronic device, you should set your browser or electronic device to refuse cookies before using the Services, with the drawback that certain features of the Services may not function properly without the help of cookies.

16.       Privacy Policy changes

16.1  We may change this Privacy Policy from time to time, and at our sole discretion. If we do it, then we will post the amended Privacy Policy on the Platform. 

16.2  We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

16.3  You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

16.4  In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

17.       Review and Access

Upon request, we will provide you with a summary of the information we collect about you. Unless otherwise required by mandatory applicable law, you will have the opportunity to correct, update, modify or delete this information by sending an e-mail to [email protected]

18.       Applicable law and jurisdiction

This Privacy Policy and all matters arising out of or relating to this Privacy Policy shall be governed by the substantive laws of Switzerland, without regards to principles of conflicts of laws thereof.

Any controversy, claim or dispute arising out of or in relation with this Privacy Policy shall be subject to the exclusive jurisdiction of the competent courts of canton Vaud, Switzerland subject to an appeal to the Swiss Supreme Court.

19.       Questions

If you have any question about this Privacy Policy or our policies, please contact us at [email protected]