Privacy Policy

Effective Date: August 9, 2017

Smarsh, Inc., along with our subsidiary Cognia Ltd., have adopted this “Privacy Policy” which provides information about how we collect and use of personal information collected through our website www.smarsh.eu (the “Site”). This Privacy Policy does not apply to the information we collect at www.smarsh.com nor does this Privacy Policy apply to the data we collect via the Smarsh Archiving Platform on behalf of our customers, our subsidiary customers or the individuals our customers communicate with. Customers of Smarsh products or services enter into a separate agreement with Smarsh that govern the collection, processing and storage of data Smarsh receives pursuant to that agreement. With respect to our customer relationships, the customer is the data controller. Therefore, this Privacy Policy also does not apply to individuals with whom Smarsh customers or Smarsh subsidiary customers communicate, rather the customer’s privacy policy and privacy practices govern those relationships. This Privacy Policy does not apply to any third-party services, third party websites or third-party platforms (such as social network platforms) that we do not control. Smarsh does not knowingly collect personally identifiable information from children under 17 years of age.

We reserve the right to change this Privacy Policy from time to time but will use your information only as described in this Privacy Policy at the time your information was collected.

This Privacy Policy was last updated August 9, 2017.

A. Information We Collect.

We may collect the following kinds of information:

Information You Provide Us: On the Site, we allow you to provide us with your name, email address, address, company, country, province, phone number, or additional information about your company or industry. You may provide this information to us by completing a form or survey, submitting a request for information or content, filling out information about you or your company, completing a "contact us" form, entering a contest, subscribing to a newsletter, providing feedback, responding to a blog post, applying for a job, or requesting information about conferences and tradeshows. We will associate the non-identifiable data you provide us with other personally identifiable information you provide us.

Information We Automatically Collect: When you visit the Site, click on our advertisements on other websites, or click on a link to the Site in an email from us, we will automatically collect information about you through cookies or tracking technologies, which are explained further in Section B below. This information may include your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, general location, the websites you came from or go to following your visit to the Site, or similar kinds of information.

Third Party Sources: Information obtained from other sources, like lead generation providers, content sponsors or social media platforms, which may include marketing or demographic information, your business or contact information, information about you from social media platforms that you use to interact with Smarsh or the Site, information from add networks or other information that we may obtain from Third Party Sources that associate with the Site or our marketing campaigns. We may combine this information with information you provide us or that we automatically collect from you from the Site.

B. Tracking Technologies.

We may use tracking technologies like cookies, clear gifs, web beacons, web bugs or similar technologies. Cookies are used to identify which website or marketing campaign you came from, which areas of the Site you visited and your actions on the Site, and where you go when you leave the Site. Cookies may be “session” cookies and deleted after you leave the Site or “persistent” that are stored. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, clear gifs are embedded invisibly on web pages, emails or advertisements and track clicks. We use clear gifs to determine whether our marketing campaigns are successful, such as to see whether or not you opened an email we send or if you click on the links within the emails we send. Generally, we use these technologies to manage content, analyze trends, monitor page visits, content downloads, 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.

Specifically, our website uses cookies as follows: smarsh.eu/cookie-declaration

As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you.

We may partner with a third party to either display advertising on our Site or to manage our advertising on other sites. Our third-party partners 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. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking http://www.youronlinechoices.eu or by visiting the add network (Google Ads is available here: https://www.google.com/settings/ads). There are also multiple resources that allow you to opt out of web tracking at the browser level by following the browser’s instructions. We respect your do not track choices instituted at the browser level.

C. How We Use Information We Collect.

We use the information we collect in the following ways:

  • To present, operate or improve the Site, including analysis of Site activity;
  • To respond to technical problems;
  • To respond to, process or deliver your communications, requests, surveys, or contest entries;
  • To contact you to request feedback about your experience with our products and services or to learn about your demographics, preferences or interests;
  • To provide you with the content or information you request;
  • To communicate with you about our services, our company, new or events that you may be interested in, new contests, promotions or rewards, upcoming events, trade shows or conferences, changes to the Site or our products or services, or other news about products and services;
  • To customize or personalize your online experience, for example to pre-populate forms, or to display or provide you with relevant content, advertising or communications;
  • To enforce or protect any right;
  • To investigate or deter against fraudulent, unauthorized or illegal activity;
  • To otherwise fulfill the purpose for which the information was provided;
  • updating marketing lists and database management;
  • We may also share your information with our reseller, referral, technology and other partners. We will only provide this information to our partners with your consent.

We may link, combine or supplement the information you provide us with other information we get from Third Party Sources or with cookies. We do this to help understand your needs and provide you with better products and services, to identify you when you return to our Site or to pre-populate forms. We may use anonymous, aggregate personal information for different purposes, like market analysis, traffic flow analysis and reporting, or to deliver relevant advertising and information based on click stream data. We use this information for a variety of purposes to examine our traffic in aggregate, to investigate misuse of our network, its users, or to cooperate with law enforcement.

D. How We Share Information.

We may share your information as follows:

  • With our channel partners, affiliates, agents, subcontractors, representatives, or services providers, with your consent;
  • In connection with a divestiture, merger, acquisition, sale, or similar transaction;
  • To protect or enforce our rights or property, or the rights or property of our affiliates, channel partners, agents, subcontractors, representatives, or services providers;
  • In response to a court order, subpoena, warrant or to comply with a legal requirement or to cooperate with an investigation;
  • To identify persons who may be violating the law, our website terms of service, the rights of third parties, or otherwise misusing the Site or its related properties;
  • To our technology or other third-party service providers such as website hosts, applicant management tools, chat widgets, email marketing campaign and other marketing or sales operations tools, pursuant to written agreement with such providers pursuant to which our service providers are required to use information solely for the purpose of providing the services, treat information as confidential and any transfers outside of the EEA are subject to standard contractual clauses;
  • With your consent, or to fulfill the purpose for which you provided the information; or
  • As permitted by law.

We do not sell, rent or lease the information we collect to third parties.

E. Third Party Service Providers, Widgets, Websites, Ads and Content.

The Site may contain links to websites or content sponsored or provided by third parties (such as social media sites). These sites and services may use their own cookies or data tracking technologies to collect data or information from you. We do not control the practices of these third parties or their websites or content. We are not responsible for the privacy practices or the content of these third parties. Smarsh does not share the information that you provide us with these third parties, however, these third parties may obtain information about you if you click on the third-party link. Certain widgets, like the Facebook "like" or "share" buttons, on the Site may collect information about you, such as your IP address, automatically through cookies and may combine information about your use of our Site with information they collect in other areas. We have no control over the practices of these widgets and is not responsible for their privacy practices. Please visit the privacy policies of each of these kinds of third parties to learn more about how they collect and use your information. Some of the ads you receive on websites are customized based on predictions about your interests generated from your visits over time and across different websites from an ad network. This is called interest based advertising and is enabled through your computer browser and browser cookies. These ads are provided based on information owned or controlled by an ad network, and subject to the ad network’s privacy policies. We do market our services through interest based advertising networks and receive information from those networks about you if you interact with our advertisements. We provide you with information on how to opt out of these types of interest based advertisements in the Notice, Access and Choice section of this Privacy Policy.

F. Security.

We follow generally accepted industry standards to protect the personally identifiable information submitted to us. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

G. Data Retention and Right to be Forgotten.

Smarsh does not require that you provide information through our Site. If you do not wish to provide the information requested, we may not be able to service you properly or you may not be able to receive the benefit for which the information is requested. You may opt-out of receiving promotional emails from Smarsh by following the opt-out instructions in those emails. If you opt-out, we may still send you non-promotional communications.

Much of the data we collect via the Site is to provide relevant information to you about our products and services. We will retain your personal data so that we continue to provide relevant information about our products and services. If we determine that we no longer need to retain your data, we will delete your data.

You may contact legal@smarsh.com to request that we delete or amend your information or to opt out of your information being shared with third parties. In some cases, we may not be able to delete your personal information, in which case we will let you know if we are unable to do so and why. We will respond to your access request within 30 days.

Questions & Complaints

If you have questions or complaints regarding our Privacy Policy or practices, please contact us at legal@smarsh.com or to Smarsh, Inc., ATTN: Legal, 851 SW 6th Ave., Ste. 800, Portland, OR 97204. We will respond to your questions or complaints within 30 days.