Scope of This Policy

Smarter LLC (“Smarter,” “we,” “our,” or “us”), as well as any of its subsidiaries, divisions, and affiliates, respects your privacy and values your trust. We are committed to protecting your privacy.

This Privacy Policy explains how we collect, use, communicate, disclose, protect, and otherwise manage the personal information that you provide to us by engaging our services on our website (www.thesmarterservice.com), social media, email exchanges, mobile web or mobile text/SMS/MMS or other mobile and desktop apps as applicable, and/or other online services (“Service” or collectively “the Services”).

This Policy is written in the English language. We do not guarantee the accuracy of any translated versions of this Policy. To the extent that any translated version(s) of this Policy conflict with the English language version, the English language version of this Policy shall govern.

Agreement to Terms
By accessing our information, your engagement with our content, from your responses to our product marketing, or information that we obtain from third parties, including our partners or utilizing our Service(s), you affirm that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our
Terms of Service.

All activities which you engage with Smarter for our Service(s) are voluntary. You are not required to provide any personal information to us unless you choose to access features of the Service which require such information. If you do not agree with the terms of this Privacy Policy or our Terms of Use, then you should immediately discontinue use of the Service without providing us any personally identifiable information.

Effective Date and Policy Changes
This Privacy Policy is effective as of the date above and will remain in effect until a new notice replaces it. We may opt to update this Privacy Policy at our discretion, so you should check this page periodically as the terms may change from time to time. The latest version of the Privacy Policy notice will be posted on our website and will cite the “last updated” date. In the event of a major change to this Privacy Policy, we will provide a conspicuous message either through the website and/or or consumer portal (the “Service”) or via an email or via a mobile address associated with your account, informing you our Privacy Policy has changed. Your affirmative consent or continued use of the Service(s) will constitute your acknowledgment of the notice in its current version and your understanding of the terms of this Policy.

What We Collect
The types of personal information we may collect and process about you may include the following, which is categorized as follows:

Information You Provide to Us Directly

• Internet or other electronic network activity information, including browsing history and search history, and information regarding your interaction with a website application;
• Visual, audio, electronic, and other similar information;
• To the extent we access your computer, mobile phone or other technology devices, we may obtain personal information when providing the Services, whether through remote access, in person, or orally via audio or video conference. We may access any information that you have stored on your computer or other technologies as part of providing our Service(s) to you;
• Professional or employment-related information;
• Education and skills;
• Characteristics of protected classifications, including age, nationality, gender, disability, marital status, ethnicity/race;
• Demographic and lifestyle information shared with us;
• Personal preferences including, but not limited to: product preferences, online preferences and interests, online behavior information including online activity, preferences, and time spent viewing features, IP address, wireless and mobile network information;
• Commercial information, including records of products or services purchased, obtained or considered, credit history, or other purchasing or consuming histories or tendencies;
• Inferences drawn from any information we receive to create a profile about an individual reflecting the individual’s preferences or behavior;
• If you use a mobile device, laptop, tablet, activity tracker, health tracker or other device to access or utilize our Service(s),we may also collect additional information such as unique device identification numbers, settings, and geo-location information;
• Personal Identifiers, including name, online identifier, internet protocol address, email address, Smarter account number, name and password, social media account name, telephone number, billing and mailing address, date of birth, driver’s license, state identification card, passport number, correspondence or posts, payment and/or bank details information, government identifiers (e.g., social security number), and signature;
• Medical and health insurance information;
• Survey responses.

Information That May be Collected Automatically Online
We collect information about your interactions with us including, for example:

• The type of device or browser you’re using;
• The URLs of the websites you visited before visiting our site (these are called “referring URLs”);
• Your IP address;
• Your browsing behavior while on our website;
• IMEI/UDID (a numeric identifier for your mobile device);
• MAC address (another kind of numeric identifier for your mobile device);
• IDFA (Apple’s ID for advertising), and
• Randomly generated numbers, two factor authentication numbers, etc. for account authentication, as required to provide Services you request from us.

Virtual Web Conferencing, Audio/Video Transmissions
Smarter may use Zoom, FaceTime or other mobile, web, social media, or direct messaging platforms to communicate with you. You understand that such communications, to the extent you accept and engage with us as such on them, may use your device’s camera and/or audio to display, capture, and transmit your image/likeness/avatar and background office, home, or remote location based on how you use each communication platform and/or its settings. Please note that such connections may or may not be a secure connection, especially in a public place or unsecure network, for which Smarter is not responsible.

Remote Monitoring
You understand and agree that certain remote monitoring devices and services may be installed in your home, by Smarter or prior to engaging Smarter’s Services. Such devices may provide personal information for your safety to Smarter, authorized loved ones, and third parties. Such remote monitoring may also capture, record, transmit, or store files of information and images as part of the third party service you authorized.

Reviews and Other Content You Provide
Our website may offer publicly accessible blogs or community forums. Please be aware that anyone who accesses these public areas may read, collect, and use the information you provide and shall not be considered private.

Information You Give Us About Others
You may give us information about other people, such as the name and address of a referral, gift recipient, or the name and contact information regarding someone who will interact on your behalf, participate in the Services provided to you, or provide information needed for us to provide our Service(s) to you. We will only use this information for the specific reason you provide it.

Information We Receive From Third Parties

• We may receive information about you from other sources, including third parties that help us update, expand, and analyze our records and identify new customers, and provide products and services that may be of interest to you.
• We collect such personal information directly from you via websites and/or mobile applications, via email or telephone conversations, when you create an account, or in-person when you request certain installation, training, maintenance, or troubleshooting services.
• We may also indirectly receive personal information about you from our third party partners (e.g., retail stores, online vendors or service providers, etc. from whom you purchased items, services, or subscribed to which you would like our assistance).
• We may permit third-party service providers to collect and process some information from our digital properties or Services. We may share personal information with those providers and may have similar arrangements with interest-based advertisers.

Cookies and Other Tracking Technologies
We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Sites and to understand more about the demographics of our users. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.

We use or may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our Services.

We, and our third party partners, automatically collect certain types of usage information when you visit our Sites, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, Flash objects, web beacons, file information, and similar technology (collectively, “tracking technologies”).  For example, we collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device or your account, and other such information. We also collect information about the way you use our Sites. For example: the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, how frequently you access the Sites, whether you open emails or click the links contained in emails, whether you access the Sites from multiple devices, and other actions you take on the Sites. When you access our Sites from a mobile device, we may collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers [“IDFA”], Google AdID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies.  Please note that doing so may negatively impact your experience using the Sites, as some features and services on our Sites may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

How We Use Your Personal Information
We use or otherwise process your personal information to:

• Manage your relationship with us (e.g., customer service, managing your account);
• We may use your information to operate, maintain, and provide you the features and functionality of our Service(s), as well as to communicate directly with you, your adult child, relative, or caregiver;
• We may also send you Service related emails, text messages, direct messages, or telephonic messages (such as for: account verification, changes or updates to features of the Service, technical and/or security notices);
• Provide a good or service requested by, or reasonably anticipated by, you;
• Customizing your digital experience;
• Fulfilling orders and requests for products, services, or information;
• Processing refunds, returns, and exchanges;
• Tracking and confirming online orders we facilitate for you at your request;
• Delivering and installing products you purchase or we purchase on your behalf as part of our Services;
• To provide you with relevant marketing (e.g., information on services or products we think you may be interested in);
• To analyze your use of our website;
• Engaging in internal uses such as data analytics with the purpose of enhancing existing and creating new products and services;
• To detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity or prosecute those responsible; and
• To comply with legal requirements.

When a user interacts with Smarter, we may collect personal data in a variety of ways, including, but not limited to, when users visit our website, subscribe to our newsletter, respond to a survey, fill out a form, speak with a Smarter representative, and in connection with other activities, services, advertisements, features or resources we make available on our website, software or systems, or through our provided services. Users may be asked for, as appropriate, their name, email address, mobile phone number, job title, or company name. Users may visit our website anonymously. Users can always refuse to supply personal data, except that it may prevent them from engaging in certain Services and related activities.

How We Share Your Personal Information
We share your personal information with the following third parties where applicable, such as with:

• Advisers and financial institutions (legal, tax, auditors, risk and compliance, notaries, and business continuity support services);
• Service providers (IT outsourcing and assistance, customer management, email storage and management, payment processors, marketing support). In some instances, service providers will be controllers in their own right and may use your personal information. Such providers may be obliged under the information protection legislation to provide you with additional information regarding the personal information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites;
• Business partners (including retail and wholesale partners, suppliers and vendors) of Smarter;
• Where permitted by applicable laws, with third parties in connection with a corporate restructuring, sale, transfer or assignment of assets or business, merger, divestiture, or other changes to the company’s control or financial status (or any of our affiliates); and
• Government bodies, dispute resolution and law enforcement organizations.

We may share your personal information with:

• Third parties to the extent necessary to maintain hardware or services for you or set it up. For example, as part of our Services, we may contact your wireless carrier or hardware device manufacturer;
• Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include providing emailing services, providing tax and accounting services, web hosting, or providing analytic services;
• Third parties at your request. For example, you may have the option to share your activities with your caregiver or family members;
• Other companies and brands owned or controlled by Smarter or under common ownership as Smarter, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way, as we can, under this Policy;
• Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings; and
• Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Smarter, our visitors, or others.
• We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual. We may share aggregated information that includes non-identifying information and log data with third parties for industry analysis, demographic profiling, and delivering targeted advertising about other products and services.
• We may employ third party companies and individuals to facilitate or improve the Service, to provide the Service on its behalf, to process payment, provide customer support, provide geolocation and other information services at your request, to send you transactionally related text messages or calls, to host its job application form, to perform website-related services (e.g., without limitation, maintenance services, database management, web analytics, and improvement of the Service’s features), or to assist Smarter in analyzing how the Service is used. These third parties have access to your personal information only to perform these tasks on Smarter’s behalf and are obligated not to disclose or use it for any other purpose other than the purpose for which we disclose it to them.

Links and Third-Party Websites
Our Service may contain links to other websites owned and operated by third parties, including without limitation social media websites, apps, widgets etc. When you click on a link to any other website or location, you will leave our Service and go to another site, and another entity may collect personal data or anonymous data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your personal information by third parties through the linked sites. Smarter is not responsible for the privacy practices or the content of such other websites or businesses. Smarter expressly disclaims any liability that may arise from your use or provision of any of your information whatsoever to third-party websites. You understand and agree that by clicking on a link to another site or service that you have left our Service.

Payment Processors
In some cases, Smarter is a paid service for its end users to make a reservation, hold a specific reservation date and/or time slot, or to charge a user’s credit card when the user doesn’t show up for a reservation on time and/or within the grace period set for that specific event. In these cases, we use third-party services for credit card, debit card, and other forms of payment processing (e.g. payment processors). We will not store or collect your payment account or 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.

Privacy Choices Regarding Your Information

How to control your communications preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).

Modifying or deleting your information: If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your name or comments from our website or publicly displayed content, you can contact us directly at privacy@thesmarterservice.com. Users may request to view, modify, or remove their personal data at any time. To initiate a request to view, modify, or remove personal data, please contact us at privacy@thesmarterservice.com, with the desired action and we will comply within thirty (30) days of receipt of your request. We may not be able to modify or delete your information in all circumstances. Users may also contact us toll free at: 844-339-4706 to make such requests or inquiries.

How We Store and Protect Your Information

Data storage and transfer: Your information collected through our website may be stored and processed in the United States or any other country in which Smarter or its affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Smarter or its parent, subsidiaries, affiliates, or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Safeguarding your information:
Although we will do our best to protect your personal information, we cannot guarantee the security of your information as it is transmitted to us. Unfortunately, the transmission of information via the internet is not completely secure.

We care about the security of your information and use commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through our website. However, no security system is impenetrable and we cannot guarantee the security of our systems one hundred percent.

In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

California Do-Not-Track Disclosures
Smarter respects your privacy. However, we do not alter the information we collect or change our services upon receiving “do-not-track” signals, as the term appears in Cal. Bus. & Prof. Code §§ 22575(b)(5). For more information about DNT signals, visit http://allaboutdnt.com.

Special Notice to California Residents (CCPA)
This section describes how we collect, use, disclose, and/or “sell” (as defined under California law) personal information of California consumers, and the rights you may have under California law. These disclosures are intended to supplement this Privacy Policy with information required by the California Consumer Privacy Act (CCPA). We note that the definition of “personal information” in California is expanded to include information that identifies, relates to, or could reasonably be linked with a particular person or household.

To understand what personal information we may have collected about you in the past 12 months and from where we collected it, please see other information disclosures in this Privacy Policy about what personal information we may collect, store, and share about you and with third parties to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives.

We may share such personal information with the types of third parties listed herein. California law requires that we provide you with additional information about certain disclosures to such third parties within the past 12 months, particularly, where the disclosure involves monetary or other considerations. California treats these disclosures as sales of information, even where no money is exchanged. We do not sell data.

We may, however, have disclosed, in the past 12 months, the following categories of personal information to the following third parties for our operational “business purposes” as defined by California law:

Personal identifiers

• advisers and financial institutions
•  service providers
• business partners
• government bodies

Internet or other electronic network activity information

• service providers

Professional or employment-related information

•  service providers

Geolocation information

• service providers
•  business partners

Education and skills

•  service providers

Characteristics of protected classifications, including age, nationality, gender, disability, marital status, ethnicity/race

•  service providers

Visual, audio, electronic and other similar information and commercial information

•  service providers
• business partners

Inferences drawn from any information to create a profile

• service providers
• business partners

We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.

Your Rights
You have a right to notice, upon collection, of the categories of personal information collected and for which purposes the data will be used. You have the right to access a copy of the categories and specific pieces of personal information that we collect, use, disclose, and/or sell about you, and the right to ask us to delete/anonymize your personal information, with limited exceptions. You also have the right to opt-out of the sale of your personal information. Finally, you have the right to be free from discrimination for exercising your rights. As noted above, we do not sell your information.

If you would like to submit a Consumer Request, you can contact Smarter at privacy@thesmarterservice.com. If you choose to submit a Consumer Request, you must provide us with enough information to identify you and enough specificity on the requested data. Smarter will only use the information it receives to respond to your request. Smarter will not be able to disclose information if it cannot verify that the person making the Consumer Request is the person about whom we collected information, or someone authorized to act on such person’s behalf.

“Personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. “Personal information” does not include publicly available information.

• Request to Correct:You may correct or update your personal information at any time by logging into your account or by contacting us.
• Request to Access:You may submit a Consumer Request to obtain a copy of or access to the personal information that Smarter has collected on you.
• Request to Know:You may submit a Consumer Request to receive information about Smarter’s data collection practices.
• Right to Know what Personal Information is being Collected:You may request information on the categories of personal information Smarter has collected about you; the categories or sources from which the personal information is collected; Smarter’s business or commercial purpose for collecting, selling, or sharing personal information; the categories of third parties to whom Smarter discloses personal information, if any; and the specific pieces of personal information it has collected about you.
• Right to Know what Personal Information is Sold or Shared and to Whom:You may also request the categories of personal information that Smarter has collected about you; the categories of personal information that Smarter sold or shared about you and the categories of third parties to whom the personal information was sold or shared, by category or categories of personal information for each category of third parties to whom the personal information was sold or shared, and the categories of personal information that Smarter disclosed about you for a business purpose, and the categories of persons to whom it was disclosed for a business purpose.

Please note that the categories of personal information, sources, and disclosure will not exceed what is contained in this Policy. Additionally, Smarter is not required to retain any information about you if it is only used for a one-time transaction and would not be maintained in the ordinary course of business. Smarter is also not required to re-identify personal information if it is not stored in that manner already, nor is it required to provide the personal information to you more than twice in a twelve-month period.

• Request to Delete:You may request that Smarter delete personal information it has collected from you. Subject to certain exceptions set out below we will, on receipt of a verifiable Consumer Request, delete your personal information from our records, direct any service providers to do the same, and notify all third parties to whom Smarter has shared your personal information to delete it unless this proves impossible or involves disproportionate effort.

Please note that we may not delete your personal information if it is necessary to:

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by the consumer, or reasonably anticipated by the consumer within the context of a business’ ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer.
• Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes.
• Debug to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act.
• Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the ability to complete such research, if the consumer has provided informed consent.
• To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business, and compatible with the context in which the consumer provided the information.
• Comply with a legal obligation.

To use an authorized agent to make a request on your behalf, you will need to directly confirm with us that you provided the authorized agent permission to submit the request, provide the company with signed permission for the authorized agent to act on your behalf, and you will need to verify your identity directly with the company.

Smarter may not, and will not, treat you differently because of your Consumer Request activity. As a result of your Consumer Request activity, we may not and will not deny goods or services to you; charge different rates for goods or services; provide a different level of quality of goods or services; or suggest any of the preceding will occur. However, to the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. Furthermore, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your personal information.

We do not sell the personal information of consumers under the age of 16 if we have actual knowledge of the individual’s age. We do not sell personal information as the term is traditionally understood, versus the definition under the California Consumer Privacy Act  (CCPA). For example, we do not exchange, for money, personal information to data brokers or third parties for their marketing purposes independent of us.

Children’s Privacy (COPPA Compliance)
Smarter does not knowingly collect personal data from individuals under the age of 13 and seeks compliance with the Children’s Online Privacy & Protection Act (COPPA). In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible.  If you believe that we might have any information from a child under 13, please contact us at privacy@thesmarterservice.com. Children should request permission from their parent or guardian prior to sending personal information online. If you are under the age of 13, please do not submit any personal data to Smarter. If we become aware or suspect a minor under the age of 13 has become a registered user, we reserve the right to suspend and/or delete the account and past event system data at our sole discretion, with or without notice. We encourage parents and legal guardians to monitor their minor children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal data without their permission. If you have reason to believe that a child under the age of 13 has provided personal data, please contact us at privacy@thesmarterservice.com and we will use reasonable efforts to assist in the deletion of the child’s personal information. For children ages 13-16, and/or those aged 13-16 who reside in California, you may not be able to become a registered user. In certain cases, upon Smarter’s sole discretion, on a case by case basis, we may permit a minor aged 13-16 to become a registered user if we obtain a parent or guardian consent form.

Contact Us

If you have any questions about this Privacy Policy, or any Smarter privacy practices, you can reach us at privacy@thesmarterservice.com or send mail correspondence with your inquiry or request to our notice address at:

Smarter LLC
Attention: Privacy Team
4821 Lankershim Blvd.
Suite 1055
North Hollywood, CA 91601