Revision Date: January 12, 2020
Thank you for choosing Smart Trakker. We respect your privacy and value the trust you place in our platform to provide a safe and secure system to track events, members and charitable contributions.
1. Description of Roles
(a) Smart Trakker ® – Smart Trakker LLC providing Web Platform and Administrative Services to Customer and Consumer (hereinafter referred to as “ST”, “we”, “our”)
(b) Customer – Organizations and Individuals providing service to Consumers (also referred to as “you” and “your”)
(c) Consumers – Registrants, Members, End-Users
(d) Stripe, Inc. – Smart Trakker Integrates with Stripe’s Payment Processor which is governed by the Customer’s Stripe Account (hereinafter referred to as “Stripe”)
3. Personal Data Defined
Personal Data is any information that relates to an identified or identifiable individual. Personal data may include name, organization, title, postal address, e-mail address, telephone number, fax number, social media account ID, and other information including but not limited to dietary preferences, interests, opinions, activities, age, gender, education and occupation.
4. Security and Retention
We make reasonable efforts to ensure a level of security appropriate to the risk associated with the protection of Personal Data. We maintain organizational, technical and administrative measures designed to secure Personal Data within our organization against unauthorized access, destruction, loss, alteration or misuse. Your Personal Data is only accessible to a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us immediately.
We will retain your Personal Data as long as you access the Web Platform. We also retain Personal Data after you stop accessing the Web Platform, even if you close your ST account, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. We also retain Personal Data to comply with our tax, accounting, and financial reporting obligations, and where data retention is mandated by the payment methods and payment history that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.
5. Customer Control of Personal Data
The Web Platform is flexible and allows Customers to collect a variety of Personal Data from and about Consumers. Information provided in connection with that interaction will be transferred to, and under the control of, the Customer. The information practices of our Customers are governed by their privacy policies. We encourage Consumers to review the Customers’ privacy policies to understand their practices and procedures. In such instance, the Customers act as data controllers towards the Consumer, under the European Economic Area (“EEA”) data protection laws. Therefore, ST cannot and does not take responsibility for the privacy practices of Customers.
6. Customer Data Protection Rights.
We may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide access to the Web Platform, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.
You have the following rights regarding the Personal Data we control about you.
(a) You may request confirmation of whether ST processes Personal Data relating to you, and if so, to request a copy of that Personal Data;
(b) You may request that ST rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;
(c) You may request that ST erase your Personal Data in certain circumstances provided by law;
(d) You may request that ST restrict the use of your Personal Data in certain circumstances, such as while ST considers another request that you have submitted (including a request that ST make an update to your Personal Data); and
(e) You may request that we export to another company, where technically feasible, your Personal Data that we hold in order to provide Services to you.
7. Consumer Control of Personal Data
The Web Platform also allows Consumers to add, update and remove personal information. In certain areas of the Web Platform, Consumers do not have permission to update or remove personal information. In these cases, it is the responsibility of the Consumer to directly request the Customer add or remove any personal information. Customer contact is available on the login screen of the Web Platform. The Customer must comply with the requests of the Consumer. ST cannot and does not take responsibility for the privacy practices of Customers.
If a Consumer initiates a data deletion request and the Customer does not respond, ST is authorized to delete Personal Data of the requesting Consumer from the Web Platform even if that means removing its availability to the Customer through the Web Platform. However, if you are a Consumer, you understand that even if ST deletes or anonymizes your Personal Data upon your request or pursuant to this Policy, your Personal Data may still be available in the Customer’s own databases if transmitted to the Customer prior to ST receiving or taking action on any deletion or anonymization activity.
ST will consider and respond to all requests in accordance with applicable law. ST provides Customers assistance in removing PII that may be charged at an hourly rate upon request by the Customer.
8. Web Platform
ST developed the Web Platform utilizing Stripe’s token-based API to provide back-end management and a seamless user experience without recording or retaining sensitive Credit Card Information. The Web Platform achieves this by passing the Credit Card Information from the payer’s computer or mobile device directly to the Stripe processor. Therefore, the Policy does not apply to Customer or Consumer Credit Card Information collected through the Web Platform.
For the purpose of reporting and confirmation of transactions for both Customers and Consumers, the Web Platform does record, retain, display and email the last four digits only of a Consumer Credit Card number and the first and last name of the cardholder.
9. Smart Trakker Internal Use
ST does not and will never sell or rent Personal Data to marketers or unaffiliated third parties. ST may use Customer or Consumer provided Personal Data for internal business purposes, including without limitation, to help us improve the content and functionality of the Web Platform, to better understand our Customers and Consumers, to improve the Web Platform, to protect against, identify or address wrongdoing, to enforce our Terms of Service Agreement, to manage your account and provide you with customer service, and to generally manage the Web Platform and our business.
10. Technical Data used for Support and Troubleshooting
ST may automatically collect certain technical data that is sent to us from the Customer or Consumer computer, mobile device and/or browser through which the Web Platform is accessed (“Technical Data”). Technical Data, includes without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address) characteristics about your access device and/or browser, statistics on your activities on the Web Platform, and data collected through Cookies, Pixel Tags, Local Shared Objects, Web Storage and other similar technologies.
11. Consultants and Technical Service Providers
We may share Customer and Consumer Data with our contractors and technical service providers who process Personal Data on behalf of ST to perform certain business-related functions. These companies include our database service providers, backup and disaster recovery service providers, email service providers and others. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.
12. Legal Compliance
We may disclose your Personal Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of third parties, (c) prevent or investigate possible wrongdoing in connection with the Services, (d) act in urgent circumstances to protect the personal safety of Users of the Web Platform or the public, or (e) protect against legal liability.
13. Smart Trakker Marketing Communication to Customers
ST may use Customer Personal Data to contact you for our marketing and advertising purposes, including without limitation, to inform you about Web Platform features we believe might be of interest to you, to develop promotional or marketing materials and provide those materials to you, and to display content and advertising on or off the Web Platform that we believe might be of interest to you. You may Opt Out of any of ST marketing communications by email request at: firstname.lastname@example.org
14. Customer Email Communication
The Web Platform allows Customers to use email features to contact Consumers for general messaging, membership dues, past, current and future events. Consumers may receive emails from the Web Platform that originate with Customers and ST sends on their behalf. If a Consumer registers for an event on the Web Platform, the Consumer’s email address or other Customer defined data points may be available to the Customer. However, Customers may also import the email addresses they have from external sources and send communications through the Web Platform to those email addresses, and we will deliver those communications to those email addresses on the Customer’s behalf. The Customer has the sole responsibility for sending these emails. Consumers must contact Customer directly to request an email be removed from any communications. Customer contact is available on the login screen of the Web Platform.
We may change this Policy from time to time to reflect new services, changes in our Personal Data practices or relevant laws. The “Revision Date” at the top of this Policy indicates when this Policy was last revised. Any changes are effective when we post the revised Policy on the Web Platform. We may provide you with disclosures and alerts regarding the Policy or Personal Data collected by posting them on our website and, if you are a Customer, by contacting you through your ST Admin Dashboard, email address and/or the physical address listed in your ST account.
16. Contact Us
or by carrier mail at: Smart Trakker LLC, PO Box 543, Warrington, PA 18976 ATTN: Legal Team