Privacy Policy

Welcome to SmartErvin’s privacy notice.

SmartErvin respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our site or app (”Site”).

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

IMPORTANT INFORMATION AND WHO WE ARE AND THE PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how SmartErvin collects and processes your personal data through your use of this Site, including any data you may provide through this Site when you sign up to our Site, browse or make a purchase via our Site, enter a competition or engage with us on our Site or through emails you may receive from us.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

CONTROLLER
SmartErvin Inc is the controller and responsible for your personal data (collectively referred to as “SmartErvin”, “we”, “us” or “our” in this privacy notice).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Subject to the laws in your jurisdiction, you may have the right to make a privacy complaint to your local supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns first, so encourage you to contact us with any questions or concerns.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This policy may change and be updated from time to time. In the event we plan to materially change how we use previously collected personal data, we will provide you with notice and an opportunity to opt out of such differing uses. Please check back regularly.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS
This Site includes links to third-party sites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party Sites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy notice of every website you visit.

THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store, and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth, and gender.
Contact Data includes billing address, delivery address, and email address.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments from you to retailers featured on our Site from time to time and other details of products and services you have purchased from such retailers via our Site.
Technical Data includes internet protocol (IP) address, your login data, browser type, and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
Usage Data includes information about how you use our Site, products, and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice. Except in limited circumstances which will be made clear to you, we do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the cashback service). In this case, you will not be able to join SmartErvin.

HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact, Transaction, or Financial Data by filling in forms or by corresponding with us by post, email, or otherwise. This includes personal data you provide when you:

create an account on our Site;
submit a claim or inquiry about a transaction via our Site;
enter a competition, promotion, or survey; or
give us some feedback

Automated technologies or interactions. As you interact with our Site, we may automatically collect Technical Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. We may also receive Technical Data about you if you visit other Sites employing our cookies. Please see our Cookie Policy for further details. As you navigate our Site, we may collect Usage Data, Profile Data, and Marketing and Communications Data as specified by you from time to time.

Essential Third parties. In order to facilitate the cashback service, we need to receive personal data about you from various third parties as set out below:

Technical, Transactional, Identity, and Contact Data from the following parties:

a) Affiliate Networks; and
b) retailers featured on the Site from time to time

To help improve the service we provide and the functionality of our Site we may receive personal data about you from various third parties as set out below:

a) Technical Data from analytics providers such as Google; and
b) Contact and Technical Data where you join our Site as a result of our marketing activities involving third parties;

CHILDREN UNDER THE AGE OF 13
Our Site is not intended for children under 13 years of age. We do not knowingly collect personal data from children under 13. If you are under 13, do not use or provide any personal data on this Site. If we learn we have collected or received personal data from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any personal data from or about a child under 13, please contact us.

HOW WE USE YOUR PERSONAL DATA
We will use your personal data as set forth in the Privacy Policy and otherwise when you consent to such other uses:

Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

What is a legitimate interest?

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience on our Site. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party. If you fail to provide personal data that we require for the performance of a contract with you we cannot enter into a contract with you for the provision of our services.

Activity/Purpose Type Of Data Lawful Basis For Processing Including Basis For Legitimate Interest

Provide our cashback service to you. This includes but is not limited to:
Processing and facilitating any cashback due to you
Managing payments from your SmartErvin account including sending a payment via third parties such as PayPal, ACH Visa, and Tango
Processing of missing cashback payments (once received from networks)
(a) Identity

(b) Contact

(d) Transaction Performance of a contract with you.

Answering and processing any claims or inquiries you may raise with us including:
submission and actioning of any inquiry from you
submission of a claim for missing cashback
contesting claims
escalating and formal complaints, including responding to an ombudsman or court proceedings)
in order to ensure your cashback process runs smoothly, provide any assistance with the Site and challenge and defend any claims or actions which may be detrimental to our business. (a) Identity

(b) Contact

(c) Transaction Necessary for our Legitimate Interests to provide the most effective service to the members and for evidential purposes in the event of a dispute.

Utilizing fraud prevention measures in order to protect the business, members and retailers featured on the Site from fraudulent activity and any resulting consequences. (a) Identity

(b) Contact

(d) Technical

(e) Profile Necessary for our legitimate interests to prevent fraud.

Managing our relationship with you, for example:
Notifying you about changes to our terms or privacy policy
Updating your details on our system, validating a payout request, or resetting a security question
in order to keep our records updated (a) Identity

(b) Contact

(d) Marketing and Communications

(e) Technical Necessary for our legitimate interests of updating customer details and preferences.

Promoting features on the Site, such as:
enabling you to partake in a prize draw, competition, or complete a survey
when you provide case studies for use in the media
in order to study how customers use the products and services on Site;
to keep our records updated and promote engagement with the Site; and
to promote third party retailers on the Site in order to illustrate to the members that we are one of the largest US cashback sites (a) Identity

(b) Contact

(d) Usage

(e) Marketing and Communications Necessary for our legitimate interests of promoting the Site and building our brand.

Carrying out marketing campaigns to attract new members. To do this, we use different channels of lead generation.
Lead generation campaigns
If you join our Site as a result of being redirected from a third-party site, we may pay the referrer a commission. In order to do this, we share data with affiliate networks and tracking agencies in order to calculate and pay any commission due.
Pay per click
If you join our Site as a result of clicking on our webpage from a search engine such as Google or Bing, this will be tracked by a third party. Your data will be shared between us and the third-party tracking company in order to calculate how many new members have joined the Site and how much commission is due.
App Marketing
If you download our App as a result of it being promoted on a third-party site, this activity will have been reported to us. We use third parties to monitor the promotion and download of our App. We use your data generated by your download and use of the App to analyze your activity on the Site and will send regular promotional push notifications via the App if you choose to opt in to receive them.
Browser Extension
If you install our Browser Extension as a result of it being promoted on a third-party site, this activity will have been reported to us. We use third parties to monitor the promotion and download of our Browser Extension. We use your data generated by your installation and use of the Browser Extension to analyze your shopping activity through merchants that are partnered with SmartErvin. We may also display marketing materials on the Browser Extension which might be personally tailored to you from time to time.
Social Media marketing
We like to market the Site to prospective or existing members.
In order to ensure our marketing is appropriate and relevant, we find ways of ensuring any marketing promotions are targeted at the right people.
In order to do this, we may share your data with large social media pages to ensure our marketing reaches the target audience. (a) Contact

(b) Technical

To administer and protect our business and this Site such as:
troubleshooting
data analysis
testing
system maintenance
support
reporting and hosting of data
in order for the efficient running of the Site, provision of administration and IT services, network security, and in the context of a business reorganization or group restructuring exercise. (a) Identity

(b) Contact

(d) Financial

(e) Transactional Necessary for our legitimate interests of Site security

Providing business insight into how members use the Site. We do this by:
delivering relevant Site content and advertisements to you and by measuring or understanding the effectiveness of the advertising we serve to you
using data analytics
making suggestions to you about goods or services that may be of interest to you
for the use of web analytics, profiling, and personalization in order to study how customers use our services, develop them, grow our business, and ensure our marketing strategy is as relevant and accurate as possible. (a) Identity

(b) Contact

(d) Usage

(e) Marketing and Communications

(f) Technical Necessary for our legitimate interests in order to produce the most effective Site and member experience.

MARKETING
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Within your account, you can view and make certain decisions about your personal data use in relation to marketing emails.

PROMOTIONAL OFFERS FROM THE US
We may use your Identity, Contact, Technical, Usage, and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have signed up to our Site and you have not opted out of receiving marketing emails.

THIRD-PARTY MARKETING
We will never sell your personal data to any company outside the Top Online Partners Group Limited group of companies for marketing purposes. As referred to above, we may share your Contact or Identity Data with certain third parties e.g. sub-processors to facilitate the delivery of marketing emails to you and social media publishers, in order to ensure our marketing is targeted at and relevant to SmartErvin members.

OPTING OUT
You can ask us to stop sending you marketing emails at any time by logging into your account on the Site and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing email sent to you.

You can update your personal data and certain preferences in the “My Profile” section of your account on the Site.

You can always contact us with further questions related to privacy and your information.

COOKIES
You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Site will become inaccessible or not function properly resulting in your cashback not tracking.

CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below and for the purposes set out in the table in paragraph 4 above.

External Third Parties as set out in the Glossary.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets, or in connection with a bankruptcy or reorganization. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We may disclose your personal data in order to comply with applicable law or a legal proceeding. We require all third parties under our control to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

INTERNATIONAL TRANSFERS
Our Site may be maintained in the United States of America. By using the Site, you authorize the export of personal data to the USA and its storage and use as specified in this Privacy Policy. We may transfer personal data from the EU to the USA and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. Information stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.

If you are located in the EU, please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

DATA RETENTION – HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.

You have the right to ask us to delete your data. In most cases, we will comply except when certain legal or fraudulent concerns are involved.

In some circumstances, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

YOUR LEGAL RIGHTS
You have the right under data protection laws in relation to your personal data to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object to where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

NO FEE IS USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

GLOSSARY
External Third Parties
Service providers who provide IT and system administration services
Various Affiliate Networks that track your purchases made via the Site
Retailers as featured on the Site from time to time (in rare circumstances where your tracking through the Affiliate Network has failed and we need to investigate with the retailer direct)
Regulators and other authorities based in the United States of America who may require reporting of processing activities in certain circumstances
Various payout providers as offered on the Site from time to time. Some of these providers may be based outside the US
Depending on your marketing preferences, we may engage third party email providers
Social media publishers
Various tracking agencies where you have joined our Site as a result of a third party referrer

Affiliate Networks means a network that acts as an intermediary between our Site which features products and services and the retailers who create or sell those products and services. The affiliate network reports the tracking of cashback, any payments, and refund processing together with assisting with any untracked sales which you may tell us about.

TERMS AND CONDITIONS
This Privacy Policy is incorporated into, and subject to, the SmartErvin Terms and Conditions.