Privacy Policy

1. About

This Privacy Policy explains how More Than Metrics (“Metrics,” also referred to as “our,” “we,” and “us”) collects, uses, and shares your (the “Client,” “your,” “your,” the “Customer”) personal information and how you can exercise your rights according to relevant data protection laws.

2. Scope

This Privacy Policy applies to personal information processed through Smaply, our websites www.smaply.com, and www.smaply.app (the “Services”). It does not apply to any third-party services, websites, or applications.

3. Data Controller and Processor

You are the Controller, and you have complete control over all your personal data and information when using the Services. You can manage access for your organization, assign roles, adjust settings, and take actions such as accessing, modifying, exporting, sharing, and removing information. As processors, we only handle your personal data when you request it or when necessary, according to the law and for the performance of the service. We are the controller only for the personal information we collect, according to Section 4.

4. Personal Data we collect

Account Information. When you create an account, we collect information regarding your personal information, such as your name and email address.

Communication Information. We collect personal information from you, such as your email address, phone number, mailing address, and marketing preferences, when you request information about the Services, register for our newsletter, or otherwise communicate with us.

Customer Content. We gather information and materials created or uploaded to the Services. Customer Content may contain personal details, such as name, email address, and IP address.

IP Addresses and Device Information. We collect your IP address and device information to enhance usage, protect against spam, and monitor servers.

Usage Statistics. We automatically collect and analyze information when you access or use our Website or Services. This information may include browser information, metadata, and technical logs.

Request for Information. When you fill in the form on our website to get information regarding our Enterprise solution, we collect information such as what plan you are interested in, currency (relates to location), Name, Email, Organization, Address, Zip Code, City, Country, and VAT Number.

5. How we use your information

We may need to collect, process, and store some of your data from time to time to provide you with a better service, which is in our legitimate interest. If we process your information based on your consent, you have the right to withdraw your consent at any time. Withdrawing your consent will not affect the legality of the processing that was done before you withdrew your consent. To exercise your rights, please refer to the Contact Us section of this Privacy Policy.

• To maintain, update, and provide our Services, Website, and business. This encompasses service data used to deliver the service, which includes creating or updating an Organization, addressing service errors, security, or technical issues, and analyzing and monitoring the usage, trends, and other activities of the product and its features.
• To communicate with you. When you contact us, we collect your personal data, such as your name, email address, account information, and communication information, so that we can better understand your wishes and offer you the appropriate solution.
• To protect our business and Services. To provide you with an uninterrupted service, we may use your account information, communication preferences, customer content, and usage data. This helps us with troubleshooting, data analysis, maintenance, support, reporting, quality assurance, and safety.
• To analyze your feedback. When you send us feedback about our products and services, we will process your account information and communication information. This helps us understand how we can improve our services and how our customers are using our services.
• To suggest with our services and features that you may interested. We process your account information and usage data to provide you with recommendations about our services or extra features tailored to your preferences. You can withdraw your consent anytime by contacting us.
• Contacting prospective customers and existing customers about our products and services. We process your account information or communication information to provide you with information about our products and services. We usually seek consent before sending marketing materials, but if we do not have your consent, we rely on our legitimate interest as our lawful basis for sending marketing materials. If you have any questions about our marketing practices or if you would like to withdraw your consent or opt out of the use of your personal information for marketing purposes, please contact us using the information provided in the "Contact Us" section of this Privacy Policy.
• To comply with relevant regulatory requirements, including sharing information with law enforcement, and legal requirements, including national data protection and cyber security regulations, we may collect any personal data we process about you. This is necessary for our legitimate interest, which is to enforce our agreements and establish, exercise, or defend a legal claim.
• Recruitment purposes. We collect candidate information when you apply for a position with us. This is necessary for our legitimate interests, which are to determine whether you are a good candidate and enter into a contract with us.

6. Disclosing your information

We may share your personal information with:

• Customer access. When you use Smaply, you can collaborate and interact with authorized users in your organization on your journey maps and other features. In this case, your account information, such as your name and email address, might be visible to other authorized users.
• Subprocessors. We might use third parties as subprocessors to handle Personal Data. These third parties could provide virtual computing and storage services, or we might share business information to form strategic partnerships to assist our Customers. You can find more information on our subprocessors at https://trust.smaply.app/subprocessors.
• Third-Party Services. When using Smaply, you may enable Third-Party Services. When you do so, we may access and exchange customer content with the provider of a third-party service on your behalf. We do not own third-party services, and we do not have control over your information once you enable them.
• Your Organization and Administrator. When your Organization allows you to use Smaply within your organization’s account, we will share your personal information with your administrator.
• Disclosures to protect us or others. We may access, preserve, and share your information with law enforcement, government agencies, or third parties if we believe it is necessary to (i) comply with law enforcement or national security requests and legal processes, such as court orders or subpoenas; (ii) protect your, our, or others rights, property, or safety; (iii) enforce Metrics’ policies and contracts; (iv) collect amounts owed to us; (v) prevent financial loss; or (vi) in connection with an investigation or prosecution of suspected or actual illegal activity, if we believe that disclosure is necessary.

7. International Data Transfers

Depending on your organization's best interests, we may transfer, process, and store your information worldwide. Different parts of the world have different data protection laws. We endeavor to protect your information consistently with the requirements of applicable laws and regulations.

To the extent that Metrics processes the Personal Data of Data Subjects located in or subject to the applicable Data Protection Laws of the European Economic Area, Switzerland, the United Kingdom, California, or Brazil, Metrics has implemented a variety of additional safeguards regarding the transfer of such Personal Data from these jurisdictions. Metrics maintains transfer impact assessment materials, which are considered Metrics Confidential Information. We will provide these materials to Customers located in these jurisdictions upon written request to privacy@smaply.com.

8. Your Choices

You have the right to choose not to allow certain uses of your personal information.

• Email preferences. If you don’t want to receive marketing emails from us, you can unsubscribe directly from the link at the bottom of the mail. Note that we will continue to send non-promotional communications related to our services (e.g., change of terms, prices).
• Cookies. You can reject cookies. If you are in the European Union, you can adjust your cookie preferences using our cookie consent tool. You can access the tool at any time by clicking "cookie settings" in the footer of our website. Additionally, you can prevent or limit the use of technologies on your device or remove them by adjusting your browser or device preferences. Please refer to our cookie policy for more information. Please refer to our cookie policy for more information.

9. Your privacy rights

You have the following rights regarding your personal information:

• Access: You can confirm whether we are processing your personal information, obtain access to or a copy of your personal information, and receive an electronic copy of personal information that you have provided to us or request us to send that information to another company (the "right of data portability").
• Correction: If your personal information is inaccurate or incomplete, you can request that it be corrected.
• Deletion: You can request the deletion of your personal information.
• Restriction or Objection: You can request the restriction of or object to our processing of your personal information.
• Withdrawal of Consent: You can withdraw your consent to our processing of your personal information.
• Opt-out: You can opt out of marketing communications. Please see more on this above.
• Complaints. You have the right to complain to a supervisory authority if you believe our processing of your personal information is violating applicable law.

If you want to exercise your rights, please contact us. We will handle your request in accordance with the relevant laws and verify your identity to protect your privacy before fulfilling it. If you are using our services on behalf of an organization, such as your employer, please note that the organization may be responsible for fulfilling the individual rights requests mentioned above.

10. Our data retention policy

We will retain your personal information for as long as you continue to use our services or as necessary to fulfill the purposes for which it was collected. This includes providing our services, resolving disputes, establishing legal defenses, conducting audits, pursuing legitimate business interests, enforcing our agreements, and complying with applicable laws. The exact retention period will vary depending on the type of information, the reason it was collected, and any legal obligations we must adhere to.

Once we no longer have a legitimate business need or legal basis to process your personal information, we will delete or anonymize it. If immediate deletion or anonymization is not possible, such as when your data is stored in backup archives, we will securely store and isolate it from further processing until deletion or anonymization can occur.

You have the right to request the deletion of your personal information at any time, as detailed in Section 9.

11. Security

We will take the necessary steps to protect your personal information. Our security measures are available in our Trust Center. Please keep in mind that we will communicate with you regarding security, privacy, and administrative issues using the email address that you provided to us.

12. Integrations

Our services enable you to connect with other applications. These third-party services are not under our control. You need to review the privacy policies on their respective websites. We do not endorse, screen, or approve these services, and we are not responsible for their privacy practices or content. Visiting these other websites or using their applications is at your own risk.

13. Changes

We may revise this Privacy Policy from time to time at our sole discretion. We will notify you by email if there are any material changes to this Privacy Policy.

14. Contact

More than Metrics GmbH
Kapuzinergasse 14, 6020 Innsbruck, Austria
+45 512 312 123 20
mail@smaply.com

Data Protection Officer
privacy@smaply.com

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