Privacy Policy

2. What Type of Information We Collect

The server on which the website is located collects and saves only the default information customarily logged by web server software. Such information may include the date and time of your visit, the originating IP address, and the pages and images requested. This information is never released to others unless we are ordered by a court of competent jurisdiction to do so. This information is never sold or rented.

3. Users Outside the United States

SmartOS is located in the United States. SmartOS’s principal place of business is in the United States. Effective 25 March 2022, the United States and the European Commission committed to a new Trans-Atlantic Data Privacy Framework designed to foster trans-Atlantic data flows and address the concerns raised by the Court of Justice of the European Union when it struck down in 2020 the Commission’s adequacy decision underlying the EU-U.S. Privacy Shield framework (“EU-US Privacy Shield”).

We intend to comply with the Trans-Atlantic Data Privacy Framework. The announcement of the Trans-Atlantic Data Privacy Framework provided that participating companies and organizations that take advantage of the Framework to legally protect data flows will continue to be required to adhere to the EU-US Privacy Shield Principles, including the requirement to self-certify their adherence to the Principles through the U.S. Department of Commerce. The Trans-Atlantic Data Privacy Framework has not yet published additional requirements for compliance. In the interim, we have therefore certified our compliance with the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce.

The Company will subject all personal information received from European Union (EU) member countries and Switzerland, respectively, to the requirements of the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield Framework in reliance on the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield Framework and to the respective Frameworks’ applicable principles (the “Privacy Shield Principles”). To learn more about the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield website at https://www.privacyshield.gov.

• Purpose for Our Data Collection: As described in section 2 above, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage the registration data you give us and administer our relationship with you; to deliver our website and services to you; to understand and improve our website and services; and where necessary to protect or defend our or another’s rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. If you purchase products or services from us, we may use your personal information to provide our products, which includes updating, securing, troubleshooting, and providing support. It also includes sharing data, when it is required to provide the service or carry out the various business and consumer services; enabling sales and other transactions; conducting data analysis to improve products and services; and/or maintaining marketing relationships. Please see the “Your Rights” section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
• Your Rights
  • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request that you verify your identification before fulfilling your request. You can also request that your personal information be provided to you in a commonly used electronic format so that you can share it with other organizations.
  • Right to Correct Information: You may ask that we make corrections to any information we hold if you believe such correction to be necessary.
  • Right to Restrict Our Processing or Erasure of Information: You have the right in certain circumstances to ask us to restrict the processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.
• Exercising Your Rights
  • You can make a request to exercise any of these rights by emailing us at privacy@smartos.io or by writing to us at:
    SmartOS Privacy Officer
    100 Technology Drive
    Trumbull, CT 06611
  • We will make all practical efforts to respect your wishes. At times, however, we may not be able to fulfill your request, for example, if applicable law prohibits our compliance. We do not use “automatic decision making” or “profiling” as those terms are defined in the General Data Protection regulation (GDPR).
• Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or for which you later authorized us. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
• Notice: Under the Framework, we are required to notify individuals of their rights to access their personal data, the requirement to disclose personal information in response to lawful requests by public authorities that have enforcement authority and jurisdiction over our compliance with the Framework, and our liability in cases of onward transfer of data to third parties. SmartOS never discloses your personal information (unless dictated by a court of competent jurisdiction).
• Onward Transfer: (Transfer to third parties) You have the opportunity to “opt-out” of the disclosure of your personal information to any third party or for any reason that is incompatible with the purpose for which it was originally collected. If we wish to transfer information to a third party that is acting as our agent, we will only do so if the third party also has agreed to comply with the Trans-Atlantic Data Privacy Framework.
• Security: We will take reasonable precautions to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third-party email service, customer service personnel, and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@SmartOS.io
• Data Integrity: We will take reasonable precautions to ensure that your personal information is reliable for its intended use, is accurate, complete, and current.
• Enforcement. SmartOS has established internal mechanisms to verify adherence to this Privacy Policy, including the applicable principles contained in the GDPR, the Privacy Shield Framework, and the Trans-Atlantic Data Privacy Framework. SmartOS encourages those covered by this policy who have concerns about our processing of personal information and the safeguarding of that information to file a complaint at the address listed below. SmartOS will aim to resolve any and all complaints. If a complainant feels that SmartOS has not satisfied their complaint in a timely or satisfactory manner, SmartOS advises those individuals they can raise a complaint and seek appropriate recourse free of charge with the Federal Trade Commission (FTC). SmartOS confirms that it is subject to the investigatory and enforcement powers of the FTC. If an issue cannot be resolved by our internal dispute resolution mechanism, individuals may contact the International Centre for Dispute Resolution-American Arbitration Association (ICDR-AAA) to address complaints. If SmartOS or ICDR-AAA determines that SmartOS did not comply with this Privacy Shield Policy, SmartOS will take appropriate steps to address any adverse effects and promote future compliance. If SmartOS becomes subject to an order for non-compliance with the Privacy Shield Principles, SmartOS shall make public any relevant sanctions or other findings.

4. Access for Correction, Update, Deletion of Personal Information for non-EU/Swiss residents

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@smartos.io. We will be in contact with you (by mail or otherwise) to verify your identity and provide you with the information you request. We will respond within 30 days to your request for access to your personal information. 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. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@smartos.io.

5. California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, users of our website who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. You can make a request for this information by emailing us at privacy@smartos.io or by writing to us at: Privacy Officer, SmartOS, 100 Technology Drive, Trumbull, CT 06611. Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding of how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

6. Copyright

The materials found on the website are protected by the United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the website are copyright © February 1, 2022, SmartOS, Inc. Permission is granted to view and print materials from SmartOS for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of SmartOS, Inc., is strictly prohibited.

7. Trademarks

SmartOS® is a registered trademark.

8. No Warranties

SMARTOS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEBSITE, THE MATERIALS, ANY PRODUCTS, INFORMATION, OR SERVICE PROVIDED THROUGH THE WEBSITE, OR ANY SITES LISTED THEREIN, AND THE WEBSITE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEBSITE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.
IN NO EVENT WILL THE WEBSITE OR SMARTOS OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEBSITE OR DOWNLOADED FROM THE WEBSITE, EVEN IF THE WEBSITE OR SMARTOS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE WEBSITE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to indemnify, defend and hold harmless the website, SmartOS, and its members, managers, officers, employees, agents, and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages, and liabilities related to or associated with your use of the website and any violation of this Privacy Policy by you.

10. Governing Law and Jurisdiction

This Privacy Policy constitutes a contract made under and shall be governed by and construed in accordance with the laws of the State of Connecticut.

11. Updates to Privacy Policy

We reserve the right to change this Privacy Policy at any time. Any changes to our Privacy Policy will become effective upon posting of the revised policy on our website. By continuing to use our website and services following such changes, you will be deemed to have agreed to such changes. This Privacy Policy was last updated on April 27, 2022.

12. Questions

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our website or services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@smartos.io or by US mail to 100 Technology Drive, Trumbull, CT 06611.