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Smilebox Privacy Policy

Last Updated: June, 2020

This privacy policy (“Privacy Policy”) governs how we, Smilebox Inc., and any of its affiliated companies (together, “Smilebox” “we”, “our” or “us”) use, collect and store Personal Data we collect or receive from or about you (“User”, “you”) such as in the following use cases:

(i) When you browse or visit our website, https://www.smilebox.com/ (“Website”);

(ii) When you make use of, or interact with, our Website:
a. When you create an account, log in, or purchase our through the Software & Services in our Website
b. When you make use of our Software & Services in the Website
c. When you leave a comment on our blog
d. When you contact us (e.g. customer support, need help, submit a request)

(iii) When you install, use, access or interact with Smilebox’s services, products, technology, software and/or software components (each individually, and collectively, the “Software & Services”), through our mobile software application, including when you:
a. When you access our Software & Services
b. When you download our software application, create an account, and log in
c. When you subscribe to our mailing list

(iv) When we use the Personal Data of our service providers and suppliers;

(v) When we use the personal data of our customers (e.g., contact details); and

(vi) When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, YouTube, Pinterest).

We believe strongly in protecting the privacy of information entrusted to us. We acknowledge that you may have privacy and security concerns with respect to the information we collect, use, and disclose to third parties for the purpose of allowing us to offer and provide our Software & Services, so we have provided this Privacy Policy to explain, in a clear and plain language as possible, how we collect and use information. You will also find an explanation of certain rights you have (see the “Your Rights” Section) in respect of your Personal Information.

Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant for GDPR-protected individuals, and the sources are only relevant for CCPA- protected individuals. Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.

Table of contents:

  1. What Information we Collect, Why we Collect it, and How it is Used
  2. Period of Storage of Collected Information
  3. How we Protect your Information
  4. How we Share your Personal Data
  5. Additional Information regarding Transfers of Personal Data
  6. Privacy Rights; How to Delete your Account.
  7. Use by Children
  8. Links to and Interaction with Third Party Product
  9. Specific Provisions Applicable Under California Privacy Law
  10. Corporate Changes
  11. Contact Us

This Privacy Policy can be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there will be any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.

1. WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

Data we collect

Sources where we obtain the personal information from (CCPA only, if applicable)

Why is the data collected and for what purposes?

Legal basis (GDPR only, if applicable)

Consequences of not providing the data

When you browse or visit our website

Cookies, analytic tools and log files

For more information, please read our cookies policy {https://www.smilebox.com/cookie-acceptance}

 

We collect this information from you

 

– To operate, monitor and analyze the Website and provide you with certain features and functionalities on the Website

Legitimate interest (e.g. essential cookies)

Cannot collect and store the information

 

Cannot use or access some parts of the Website

– To our Software and Services

– For Marketing purposes

Consent

When you make use of, or interact

with, our Website

When you create an account, log in, purchase our Software & Services in the Website

– Full name

– Email address

– Profile picture (only if the user is from Facebook).

– password

– Facebook account (optional for log in purposes). We will receive from Facebook your name, email address, profile depending on your settings in your Facebook account.

– Payment information (the last four digits of your credit card number and date of expiration, or details of other preferred means of payment (that we maintain in encrypted form on industry secure servers))

– Social settings (Facebook and/or Instagram connection)- the user can connect with FB and upload his FB pictures to Smilebox account.

– Purchasing history (i.e., the history of product purchases through the Software & Services)- the user can see his creations.

– Any other information you decide to provide/supply

We collect this information from you

– To create an account and to choose the better plan for you (e.g., basic, premium, or pro)

– To process your payment to the Software & Services and provide you with the product or service you acquired

– To fulfil your requests for our services and for related activities (e.g., account management, support and to provide other services related to your relationship with Smilebox)

– To perform/execute the agreement

 

– To grant you access to our Software & Services

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

 

Legitimate interest (e.g., to create an account to the Software & Services)

Cannot create an account and to choose the better plan for you (e.g., basic, premium or pro)

Cannot complete your purchase and provide you with the product or service you acquired

Cannot fulfill your request for our services and for related activities

Cannot perform the agreement

Cannot grant you access to Smilebox’s Software &Services

– Full name

– Email address

We collect this information from you

– To send you marketing communications

Consent

 

Cannot send marketing communications

When you make use of our Software & Services in the Website

– Log in details (under and password or Facebook login)

– Images, text, audio, still images, animation, video and other interactivity content forms and/or multimedia materials

– Any comment and/or content that you decide to upload to the Software & Services

– Company details (name, logo, industry, website, phone number, social media channels,

– Your logo, website and additional information that you decide to provide at the moment of the creation of the template

– Mobile phone number

– Device type and version number, the type, name and version of operating system and

– Interactions with the Software & Services, ISP (Internet Service Provider), hardware version, location, Internet protocol (IP) address, anonymous user identifiers such as cookies and similar web technologies, device configuration, version of the Software & Services, and your configuration and settings of the device and the Software & Services, including language and time zone

We collect this information from you

– To make use of the Software & Services

– To allow you to create slideshows and other related formats of creations through the Software & Service

– To enable you to export media from your mobile device for use on the Software & Services

– To send and/or share certain service-related information such as your slideshows and other related formats of creations which you generated

– To enable your use of the Software & Services including resolving and addressing production issues amongst our users

Legitimate interest (e.g. to create an account to the Software & Services)

 

Pr processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

 

Cannot make use of the Software & Services

Cannot allow you to create an slideshows and other related formats of creations through the Software & Service

Cannot enable you to export media from your mobile device for use on the Software & Services

Cannot send and/or share certain service-related information such as your slideshows and other related formats of creations which you generated

Cannot enable your use of the Software & Services including resolving and addressing production issues amongst our users

– Profile picture URL (Optional)

We collect this information from you

To personalize your profile

Consent

 

Cannot personalize your profile

When you leave a comment on our blog

Full name

Email address

Website

Comment

Any other information that you decide to provide/supply us

We collect this information from you

To process and post your comment

Legitimate interest (e.g. to process and upload your comment)

Cannot upload your comment

When you contact us (e.g. customer support, help, submit a request, feedback, etc.)

– Full name

– Email address

– Message

– Any other information that you decide to provide/supply us

We collect this information from you

– To process and answer questions

– To provide support (e.g., to solve problems, bugs or issues) and handle your complaints and/or feedback

– To customize your experience

Legitimate interest (e.g. respond to a query sent by you)

Pr processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract

Cannot assist you and respond your query

Cannot provide support and handle your complaints and/or feedback

Cannot customize your experience

When you install, use, access or interact with Smilebox’s mobile software application(s)

When you access our Software and Services

Cookies, analytic tools and log files

For more information, please read our cookies policy {https://www.smilebox.com/cookie-acceptance}

We collect this information from you

– To operate, monitor and analyze the Website and provide you with certain features and functionalities on the Website

– To facilitate and enhance your interaction and activities with the Software & Services

Legitim ate interest (e.g., essential cookies)

Cannot collect and store the information

Cannot use or access some parts of the Software & Services

Cannot track and measure various performance and demographic parameters of advertising campaigns including without limitation, analyzing which ads your browser has loaded, which Site pages you may have been viewing when the ads were delivered or accessed and your interaction with the ad

Cannot facilitate and enhance your interaction and activities with the Software & Services

Cannot learn how you Use the Software & Services, what parts are most attractive and interesting to you, and what kind of offers you like to see

– To improve, manage and optimize the Software & Services

– To track and measure various performance and demographic parameters of advertising campaigns including without limitation, analyzing which ads your browser has loaded, which Site pages you may have been viewing when the ads were delivered or accessed and your interaction with the ad

– To learn how you Use the Software & Services, what parts are most attractive and interesting to you, and what kind of offers you like to see

 

 

 

Consent

When you download our software

application, create an account, and

log in

– Full name

– Address

– Email address

– Phone number

– Profile picture

– Preferred language

– User name and password

– Facebook account (optional for log in purposes). We will receive from Facebook your name, email address, date of birth, profile picture and country of origin, depending on your settings in your Facebook account.

– Payment information (the last four digits of your credit card number and date of expiration, or details of other preferred means of payment (that we maintain in encrypted form on industry secure servers))

– Gender

– Date of birth

– Social settings (Facebook and/or Instagram connection)

– IP address

– Purchasing history (i.e., the history of product purchases through the Software & Services)

– Any other information you decide to provide/supply

We collect this information from you

– To create an account and to choose the better plan for you (e.g., basic, premium, or pro)

– To process your payment to the Software & Services and provide you with the product or service you acquired

– To fulfill your requests for our services and for related activities (e.g., account management, support and to provide other services related to your relationship with Smilebox)

– To perform/execute the agreement

 

– To grant you access to Smilebox’sSoftware &Services

Legitimate interest (e.g. to create an account to the Software & Services)

 

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

 

Cannot create an account and to choose the better plan for you (e.g., basic, premium or pro)

Cannot complete your purchase and provide you with the product or service you acquired

Cannot fulfill your request for our services and for related activities

Cannot perform the agreement

Cannot grant you access to Smilebox’s Software &Services

– Full name

– Email address

We collect this information from you

– To send you commercially oriented communications

Legitimate interest (e.g. to send you marketing communications)

Cannot send marketing communications

When you subscribe to our mailing list 

– Full name

– Email address

 

We collect this information from you

 

– To add you to our mailing list and keep you updated of new services, features and functionalities as well as updates about Smilebox’s functionalities that you are using.

These messages will contain personalized content which may include interest-based information, online ads or other marketing learnt from your use of the Software & Services.

Legitimate interest (to the extent that we have a relationship with you in connection with your interest in or use of the Software & Services) 

Cannot add you to our mailing list and keep you updated of new services, features and functionalities as well as updates about Smilebo x’s functionalities that you are using

– To send marketing communications

Consent

Cannot send you updates and/or marketing communications

When we use the Personal Data of our service providers and suppliers

– Full name

– Email address

– Company name

– Job position

– Phone numbers

– Any other data you decide to provide/supply

We collect this information from you or from one of your colleagues.

 

– To contact our service providers

 

– To perform the applicable agreement

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

 

Legitimate interest (e.g. perform the contract, send contract-related communications)

 

Cannot communicate with you

Cannot perform the applicable agreement

When we use the personal data of our customers (e.g. contact details)

– Full name

– Email address

 

We collect this information from you

– To provide our products and services

– To perform the applicable agreement

– To communicate with our customers

Processing is necessary for the performance of a contract to which our customer is a party.

 

Compliance with a legal obligation (e.g. tax laws, bookkeeping laws, etc.).

 

Legitimate interest (e.g. send you contract-related communications)

Cannot provide the services and/or our product s

 

Cannot perform the agreement

 

Cannot communicate with you

When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, YouTube, Pinterest)

– Full name

– Email address

– Social media handle

– Any other data you decide to provide/supply

 

We collect this information from you

 

– To reply and/or respond to your request or question

– To establish a first business connection with us.

Legitimate interest (in responding to your query).

Cannot reply or respond to your request.

 

Finally, please note that some of the abovementioned personal data will be used for fraud detection and prevention, and for security purposes. The abovementioned personal data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize your personal data. We may also use Anonymous Information and/or other non-Personal Data, as well as disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them). “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our Software and Services.

2. PERIOD OF STORAGE OF COLLECTED INFORMATION

2.1. Personal Data. Your Personal Data will be stored until we: (i) no longer need the information and proactively delete it in accordance with industry standard retention practices; or (ii) you send a valid deletion request. Please note that we will retain it for a longer or shorter period in accordance with data retention laws. We have an internal data retention policy to ensure that we do not retain your Personal Data perpetually.

2.2. Cookies. This depends on the cookie in question. Some cookies (e.g. essential cookies) cannot be disabled. You may also control and delete these cookies through your browser settings. Read more in our cookie policy (available in the link provided above)

3. HOW WE PROTECT YOUR INFORMATION

Security. We have implemented appropriate technical, organizational and security measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. However, please note that we cannot guarantee that the information will not be exposed as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

4. HOW WE SHARE YOUR PERSONAL DATA

4.1. We will share your data with several categories of recipients, for the following activities:
• With multinational cloud providers (such as Amazon) for hosting purposes;
• With multinational word press service providers in order to help us manage our subscription and blog service;
• With US based marketing automation platforms and email marketing services to assist us with sending marketing materials;
• With US and EU based marketing companies to assist with our marketing needs; and
• With US and EU based analytic companies to help us understand and analyze data we collect (which may include Personal Data) in accordance with this policy.

4.2. In addition to the recipients described in Section 4.1, we may share your information as follows:
• To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
• If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose information to a potential or actual third party purchaser of our business or assets. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Data in connection with the foregoing events;
• We also share your information with our subsidiaries, affiliated and parent companies pursuant to the legitimate interest for the provision of the Software & Services to you but their use of such information must comply with this Privacy Policy;
• Where you have provided your consent to us sharing the Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality); and
• Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

With respect to sharing of your Personal Data, we take appropriate measures to minimize the PII that we disclose to the third parties, and we require these third parties (i) to keep the data secured, and (ii) to use the data solely in compliance with this Privacy Policy. In any case other than the above, we will not share your Personal Data with third parties without your prior consent. If you want to exercise your right of access information and see an updated list of recipients of your Personal Data, please make your request by contacting us to https://support.smilebox.com/hc/en-us.

5. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

5.1. Internal transfers: We ensure transfers with the affiliated companies of Smilebox will be covered by an agreement entered into by members of the such group of companies (an intra-group agreement) which contractually obliges each member to ensure that Personal Data receives an adequate and consistent level of protection wherever it is transferred to;

5.2. External transfers:
• Where we transfer your Personal Data outside of EU/EEA, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data or rely on adequacy decisions issued by the European Commission. You can read more here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en
• Some of these assurances are well recognized certification schemes like the EU – US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States.
• Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

6. PRIVACY RIGHTS. HOW TO DELETE YOUR ACCOUNT

6.1. GDPR Rights:
• You have a right to access personal data held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
• You have the right to request that we rectify any personal data we hold that is inaccurate or misleading;
• You have the right to request the erasure/deletion of your personal data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your personal data, for example for the establishment, exercise or defense of legal claims;
• You have the right to object, to or to request restriction, of the processing;
• You have the right to data portability. This means that you may have the right to receive your personal data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
• You have the right to object to profiling;
• You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
• You also have a right to request certain details of the basis on which your personal data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;
• You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.

6.2. CCPA Rights:
o You have the right to know what personal information is being collected about you in the twelve months preceding your request;
o You have the right to request the erasure/deletion of your personal data (e.g. from our records and the records of our service providers). Please note that there may be circumstances in which we are required to retain your personal data, for example for the establishment, exercise or defense of legal claims;
o You have the right to know whether your personal information is sold or disclosed and to whom in the twelve months preceding your request;
o You have the right to say no to the sale of your personal information;
o You have the right to equal service and price, even if you exercise your privacy rights;
o You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence (e.g. the Attorney General in your State). We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.

6.3. Exercising your Rights. You can exercise your rights by contacting us at https://support.smilebox.com/hc/en-us. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

6.4. Deleting your account: Should you ever decide to delete your account, you may do so by emailing https://support.smilebox.com/hc/en-us. If you terminate your account, any association between your account and personal data we store will no longer be accessible through your account. However, given the nature of sharing on certain services, any public activity on your account prior to deletion will remain stored on our servers and will remain accessible to the public.

7. USE BY CHILDREN

The Software & Services are not intended for minors in any jurisdiction and you hereby represent that you are not a minor according to your relevant jurisdiction. For example, users under the age of 13 in the United States and users under the age of 16 in the European Union are not permitted to use the Software & Services. We do not knowingly collect, use, share or disclose any PII from minors. We reserve the right to request proof of age at any stage, so that we can verify that minors are not using the Software & Services. We advise parents and guardians to regularly monitor their children’s use of email and other online communications and activities. Control tools that create a safer online environment for children are available from third party online services and software providers. In the event that it comes to our knowledge that a minor is using the Software & Services, we will do our best efforts to prohibit and block such a user from accessing the Software & Services and will make all reasonable efforts to delete any PII with regard to such user, as applicable. If you are a parent or guardian who has discovered that your child has submitted his or her PII without your consent, please contact us to https://support.smilebox.com/hc/en-us and we will take the necessary steps to remove that information from our database.

8. LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS

We enable you to interact with third party websites, mobile software applications and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party Service.

9. SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW

9.1. CCPA Privacy Rights: Please see Section ‎6 above.

9.2. Access Requests. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to https://support.smilebox.com/hc/en-us. Please note that we are only required to respond to one request per customer each year

9.3. Our California Do Not Track Notice. Do Not Track is a privacy preference that can be configured in certain web browsers (the “DNT Feature”); the DNT Feature, when enabled on a web browser, signals the websites you visit that you do not want certain information about your visit collected. Smilebox does not currently respond or recognize DNT Feature signals.

9.4. Deletion of Content from California Residents. If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or personal information you have publicly posted. If you wish to remove such content or personal information and you specify which content or personal information you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you may not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or personal information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

10. CORPORATE CHANGES

In the event that Smilebox is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your information is treated, transferred, or used.

11. CONTACT US

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at to https://support.smilebox.com/hc/en-us or at the following address: Smilebox, Inc. C/O Perion Network Ltd. General Counsel 26 HaRokmim Street, Azrieli Center 1 Holon 5885849 Israel.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT SMILEBOXE’S LIABILITY FROM ANY DISPUTE OVER PRIVACY OR THIS PRIVACY POLICY WILL BE LIMITED AS SET FORTH IN THE TERMS AND CONDITIONS OF OUR APPLICABLE WEBSITE TERMS AND CONDITIONS.

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