Privacy Policy

This Smart Warehousing LLC (“Smart,” “we,” or “us”) Privacy Policy explains what personal data we collect about you, what we do with it, and how you can control it. This Privacy Policy pertains to our (i) online collection of information, for example our website, our warehouse management system (WMS), and other online tools, solutions or portals, both external and internal facing (“Online Applications”); (ii) offline collection of information (“Offline Collection”); and (iii) the use of Smart’s products, services or applications (collectively, the “Services”).

A. Why does Smart collect your information

The term “personal data” can have different meanings depending on applicable law. In general, we use the term “personal data” to mean information that can uniquely identify you, but we will treat information we collect from you as personal data wherever necessary under applicable law.

We may collect and use personal data about you for the following reasons:

1. To provide the Services. For example, we may need your information – and the information of the end consumer - to process the shipment of your goods.

2. For our internal efforts to operate and improve the Services and Smart's business. This could include:

   • Enabling your use of the Services and fulfilling your requests for certain products and services.
   • Making our website or the Services better.
   • Developing new solutions, services and products.
   • Using the information for internal financial activities like auditing, billing, and forecasting.
   • Performing data analysis to identify ways we can improve the Services, operate more efficiently or expand our business.
   • Verifying and maintaining the quality of our Services.

3. For advertising and marketing purposes. This could include:

   • Sending you information on promotions or surveys we offer, or information about us and our events.
   • Enhancing, personalizing and evaluating the effectiveness of the content of our website, our communications with you, and our advertising and marketing.
4. For our general administrative purposes. For example, we may need your information to tell you about important changes to the Services, Online Applications, manage your registered account, or provide account credit or other customer service to you. We may also need your information to administer promotions or programs we offer.
5. For social-media engagement. We use social-media accounts (including LinkedIn) to engage with the public. This engagement allows us to build online awareness about our company, our products, and services; respond to messages through the comment, message, or chat functions; collect aggregated information about interactions with our content; analyze trends; identify and profile brand advocates and key influencers; and conduct social-media listening of conversations about our company and our products. When you engage with us through our social-media channels, the platform providers will also process information about you. For further information, please consult the privacy policy of the platform provider.
6. For security purposes. As necessary to help us protect against, identify, or investigate fraud or other criminal activity.
7. For other legal purposes. If we have a legal obligation, or need to pursue or defend against legal claims, for which we need to process your information.
8. For communication purposes. To get in touch with you in connection with any of the reasons discussed above.
9. Employment purposes. Applying for a position with us or as needed for ongoing employment purposes.

B. How long we keep your information

We will keep your information for as long as we need it to carry out the purposes described above, and as necessary to comply with statutory and regulatory retention requirements. We will also keep your information as necessary to comply with other legal obligations we may have, such as in connection with contractual obligations or litigation.

C. What information we collect about you

1. Information you provide. We may collect your first and last name, email, street address, state, zip code, phone number, age, gender, demographic information, preferences, financial or tax information, or other information you voluntarily send to us through the Online Applications, Offline Collections, use of the Services, employment purposes or through other communications with us, including when you:

   • Create an account
   • Register for a service
   • Subscribe to a mailing list
   • Request a reimbursement or credit
   • Order or ship a product
   • Comment on a social media post
   • Apply for employment or update your employment information
   • Fill out a hardcopy form
   • Contact us for any reason

2. Information gathered automatically. When you visit any Online Application, we may automatically collect information directly or through our third-party analytics providers. That information may include:

   • Your IP address
   • Your device or unique user identifier
   • Your internet-service provider’s name
   • Browser type and language
   • Operating system
   • Session identification number
   • Search terms, search results
   • Online browsing data or “clickstream data” (e.g., date and time of access to the Online Application, referring website address, pages viewed, features used, links clicked, and other actions you take in connection with the Online Application)

   We (and third parties acting on our behalf) may collect this information directly from your browser interacting with the Online Applications. We may also collect it through cookies and similar technologies, which typically work by placing a small file (like a text file or graphic) on your browser, and the file is used to identify your device and to collect information. In this Privacy Policy, we use the term “cookies” in general to refer to these technologies. Cookies are typically assigned to one of four categories, depending on their function and intended purpose:

   Essential cookies: These cookies are necessary for the Online Application to operate properly and enable you to use its features.

   Performance cookies: These cookies collect information about how you use the Online Applications and are used to improve and personalize future web experiences and deliver content more relevant to your interests. Our promotional communications may include these cookies to measure performance and deliver more relevant offers/content based on preferences.

   Functional cookies: These cookies allow the Online Applications to remember choices you make and provide more personal features as well as services you have asked for. The information collected may be anonymized and is not used to track your browsing activities on other websites.

   Marketing cookies: We use cookies to help us deliver our content and advertising. You can find more information below on advertising, including your choices with respect to these cookies.

   Interest-based advertising. Most browsers are set up to accept cookies automatically. You can deactivate the storing of cookies or adjust your browser to inform you before the cookie is stored on your computer. You can find more information about cookies and how they work at https://www.allaboutcookies.org/. In the case of third-party cookies for interest-based advertising, you can opt out of receiving interest-based ads from members of the Digital Advertising Alliance at http://www.aboutads.info/choices/ for web properties or at https://youradchoices.com/appchoices for mobile apps.

   Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. Instead, we collect, use, and share information as described in this Privacy Policy regardless of a “do not track” choice.

3. Information from social media and other sources. We may collect information about you from other sources such as public and third-party databases, and other third parties. For example, if you elect to participate in analytics, communications, or marketing programs, including those offered or run by third parties, we may enhance your information by obtaining or merging that information with technical, cookie, or other data we collect or that we receive from third parties.

D. How we share your information

We may share your information:

• With others working for us, which includes third parties that perform services on our behalf such as sending communications for us, providing shipping, transportation or other logistics services, and executing marketing programs and promotions.
• With other third parties, such as law enforcement or other government entities: (1) if we believe there has been a violation of our policies; (2) if we believe that someone may be causing injury to our rights or property, Online Applications, to other users or Smart employees, or to anyone else; (3) to provide information to law enforcement; or (4) as required by law.
• As part of a corporate restructure, such as a liquidation, reorganization, merger, sale of the company, consolidation, change of control, asset or stock acquisition/disposition, or other corporate combination. If that happens, we will use reasonable efforts to make sure the transferee uses your information in a manner substantially consistent with this Privacy Policy.

We do not share your personal data with any third-party vendor or website owner for their own marketing purposes.

E. Third-party analytics

We may use third-party providers to collect and analyze information about your use of the Online Applications. These providers may collect information about your online activities over time and across third-party websites and other online services using cookies and other tracking technologies discussed above in connection with your use of the Online Applications. You may be able to manage how these providers collect information by changing your browser’s cookie settings. Please consult Section C of this Privacy Policy for more information about cookies. Please also remember changes you make for one browser will not carry over to other browsers you use.

Some of the analytics services we use are listed below. For information about how those services collect and process data, click on the accompanying links. Please note that we are not responsible for the privacy practices of these or any other third parties or the content provided in their privacy statements.

Google Analytics (www.google.com/policies/privacy/partners/)

Hotjar (https://www.hotjar.com/legal/policies/privacy/)

Chargify (https://www.chargify.com/privacy-policy/)

Slack (https://slack.com/trust/privacy/privacy-policy)

Zapier (https://help.zapier.com/hc/en-us/articles/8496243229069-Data-privacy-at-Zapier)

Zoom (https://explore.zoom.us/en/privacy/)

Monday.com (https://monday.com/trustcenter/privacy)

SurveyMonkey (https://www.surveymonkey.com/mp/legal/privacy/)

HubSpot (https://legal.hubspot.com/privacy-policy)

Procurify (https://www.procurify.com/privacy/)

NetSuite (https://docs.oracle.com/en/cloud/saas/netsuite/ns-online-help/article_160260451951.html#subsect_163484239439)

Paystand (https://www.paystand.com/privacy)

Ramp (https://ramp.com/legal/privacy-policy)

Netchex (https://netchex.com/privacy-policy/)

Staffbase (https://staffbase.com/en/privacy-policy/)

Greenhouse (https://www.greenhouse.com/privacy-policy)

Microsoft (https://www.microsoft.com/en-us/privacy/privacystatement)

Service Now (https://www.servicenow.com/service-privacy.html)

If you have additional questions, you may contact us at the address provided in the Contact us section below.

F. How you can control your information

You may review and change any personal data in your account profile and, where applicable, personal account preferences, stored in our system if you believe it may be out of date or incorrect. Where you have provided your consent for us to use your information, you may request to withdraw that consent for future uses of your information. Where applicable, you may log in to your account to update your information or preferences, which may include revoking consent to certain communication outreach and marketing uses. You may also contact us at the address provided in the Contact Us section below.

You may always opt out of receiving future commercial email or text messages from us by following the opt-out instructions in emails we send you or other online communications, or by contacting us at the email or physical address provided below. Please be aware that if you opt out of receiving commercial messages from us, it may take up to ten (10) business days for us to process your opt-out request, and you may receive commercial messages from us during that period. Please note that if you opt out of future text messages, this opt-out list is separate from our email preferences and opt-out lists.

We can only respond to your request if it is verifiable. This means we are obligated to take reasonable steps to verify your identity and your right to access the information you request. We may ask you to provide additional information that will help us do so. We will only use that additional information in the verification process, and not for any other purpose.

Even if you opt out of receiving promotional and marketing material, we may still correspond with you about your existing or past business relationships with us (e.g., any purchase of our Services, or responses to your requests for information either through the Online Applications or other means). We may also access and view your information in the course of maintaining and improving the Online Applications and our Services.

If you are a California resident, please consult the California Privacy Rights section below for your rights and additional considerations.

G. How we protect your information

We have implemented technical, administrative, and physical security measures designed to protect your personal data from unauthorized access, disclosure, use, and modification. Although we strive to keep your personal data secure, no security measures are absolute. Use caution when transmitting any personal data over the Internet or through use of the Online Applications.

H. Children's personal data

In light of the importance of protecting children's privacy, we do not collect, process or use on our Online Applications any information relating to an individual whom we know to be under 13 years old without the prior, verifiable consent of his or her legal representative. Such legal representative has the right, upon request, to view the information provided by the child and/or to require that it be deleted. Just contact us at the address provided in the Contact us section below.

I. Links to third-party websites

We may provide links to other websites maintained by unaffiliated third parties for your convenience. Any such links should not be taken as our endorsement or approval of those third parties, their products, services, websites or content. We do not maintain those third-party websites and are not responsible for the availability, accuracy, or quality of their content. We make no representations or warranties whatsoever about any other website which you may choose to access through the Online Applications. You should review the terms and conditions related to the use of any third-party websites before using them.

J. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. When we do, we will post it on our website and include the effective date of the update. If there are material changes to our Privacy Policy, we will post a prominent notice on our website and provide other notice as required by applicable laws.

K. Contact Us

Please contact us via phone, email or mail at the address listed below for any opt-out requests or other questions or concerns relating to this Privacy Policy.

Smart Warehousing LLC
7309 W 80^th St, Suite 200
Overland Park, KS 66204
datasecurity@smartwarehousing.com
1-800-591-2097

L. CALIFORNIA PRIVACY RIGHTS

a. Categories of personal data we collect

We may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household (“personal data”). In particular, we have collected one or more data types in the following categories of personal data from customers, employees or consumers within the twelve (12) months preceding the effective date of this Privacy Policy:

For additional information, see Section C of this Privacy Policy.

b. Categories of sources of personal data

We obtain the categories of personal data listed above from the following categories of sources:

• Directly from our customers (for example, information provided through the Online Applications, Offline Communications, use of the Services, or other communications with us).
• From consumers’ activity on the Online Applications or use of the Services (for example, website visit information collected directly or through third-party analytics providers).
• From a device’s IP address.
• From social media, marketing partners, and other sources (for example, public and third-party databases, and other third parties).
• Employment applications and ongoing employment information

For additional information, see Section C of this Privacy Policy.

c. Our business and commercial purposes for collecting personal data

We use the personal data we collect for our operational purposes or other purposes set out in this Privacy Policy (See Section A of this Privacy Policy). Those purposes may include:

1. Auditing related to a current interaction with the customer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
2. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
3. Debugging to identify and repair errors that impair existing intended functionality.
4. Short-term, transient use, provided the personal data is not disclosed to another third party and is not used to build a profile about a customer or otherwise alter an individual customer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
5. Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
6. Undertaking internal research for technological development and demonstration.
7. Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

In the twelve (12) months preceding the effective date of this Privacy Policy, we have disclosed one or more data types in the following categories of personal data of California consumers for a business purpose:

Category A: Identifiers.

Category B: Categories of personal data described in Cal. Civ. Code § 1798.80(e).

Category C: Characteristics of protected classifications under California or federal law.

Category F: Internet or other electronic network activity information.

Category G: Geolocation data.

Category H: Audio, electronic, visual, thermal, olfactory, or similar information.

Category I: Professional or employment-related information.

Category K: Inferences drawn from other personal data.

We also use the personal data we collect for our commercial or economic purposes, such as attracting customers to buy, join, subscribe to, provide products, goods, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.

d. Categories of third parties with whom we share personal data

For information on where we share personal data, see Section D of this Privacy Policy.

In the twelve (12) months preceding the effective date of this Privacy Policy, we have not sold personal data of California consumers.

e. Rights of California residents

If you are a California resident, you have the right to ask us to send you the following information:

1. The categories of personal data we have collected about you.
2. The categories of sources from which we collected the personal data.
3. Our business or commercial purpose for collecting personal data.
4. The categories of third parties with whom we share personal data.
5. The specific pieces of personal data the business has collected about you.

If you are a California resident, you have the right to ask us to delete the personal data we have collected from you.

f. Non-discrimination

Your privacy rights are important. If you exercise your privacy rights under California law, we will not do any of the following in retaliation:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through the use of discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

g. How California residents can submit requests

If you are a California resident and you want to submit a request to us regarding your California rights, you or your authorized agent can contact us at datasecurity@smartwarehousing.com or call us at 1-800-591-2097. You do not have to create an account with us to submit a request.

We can only respond to your request if it is verifiable. This means we are obligated to take reasonable steps to verify your identity and your right to access the information you request. We may ask you to provide additional information that will help us do so. We will only use that additional information in the verification process, and not for any other purpose.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

Last Updated: October 21, 2024