SmileOnMyMac, LLC EU-U.S. and Swiss-U.S. Privacy Shield Notice

Effective November 3, 2017

SmileOnMyMac, LLC, (“We” or “Our”) has certified with the EU-U.S. and Swiss-U.S. Privacy Shield with respect to the personal data we receive and process on behalf of our Organizations, Team Members, and Individual Users using TextExpander® productivity tools provided via SaaS platform (the “Service”) We certify that we adhere and are committed to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement for personal data submitted by our users in participating European countries through the Service, and our Privacy Shield certification can be found here.

All capitalized terms have the definition and meaning given them in our Terms of Service (“TOS”).

Data Processed

We provide the Service so that our users can communicate and operate aspects of their businesses. When providing the Service, we process data our users submit to the Service or instruct us to process for them in connection with the Service (“Your Data”). Personal data makes up a small portion of Your Data.

Purposes

We process Your Data to provide the Service and to improve it. To fulfill these purposes, we may access data to provide the Service, to prevent or address technical problems, to respond to support requests, to follow the instructions of those who submitted the data, or in response to contractual requirements with our customers.

Third Parties With Whom We May Share Your Data

We use a small number of third party providers to assist us in providing the Service. These third party providers perform technical operations such as hosting services and payment processing. They may access, store, or process personal data in the course of providing the Service, but they do so based only on our instructions.

If we receive personal data subject to our certification under the Privacy Shield and then transfer it to a third-party service provider acting as our agent, we have certain liability under the Privacy Shield if both (i) the agent processes the personal data in a manner inconsistent with the Privacy Shield and (ii) we are responsible for the event giving rise to the damage.

Questions or Complaints:

If you are a resident of the European Union or Switzerland participating in the Privacy Shield and you believe we did not process your personal data in compliance with Privacy Shield, you may direct any questions or complaints concerning our Privacy Shield compliance to https://textexpander.com/contact or at our mailing address:

SmileOnMyMac, LLC.
350 Bay Street
Suite 100, PMB 278
San Francisco, CA 94133

We will work with you to resolve your issue.

Dispute Resolution

If you are a resident of a European country participating in the Privacy Shield and you have not received a timely response to your concern or your concern has not been addressed to your satisfaction, you may seek further assistance, at no cost to you, from JAMS, Smile’s chosen independent dispute resolution body in the United States, through https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim, and their online dispute resolution mechanism.

Arbitration

If your claim isn’t resolved by JAMS, you may be entitled to invoke binding arbitration for unresolved complaints but prior to initiating such arbitration, a resident of a European country participating in the Privacy Shield must first: (1) contact us and afford us the opportunity to resolve the issue; (2) seek assistance from JAMS; and (3) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. If binding arbitration is invoked, each party shall be responsible for its own attorney’s fees. Please be advised that, pursuant to the Privacy Shield, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles with respect to the resident.

U.S. Federal Trade Commission Enforcement

Our Privacy Shield compliance is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

Right of Access

Some international users (including those whose personal data is within the scope of this Privacy Shield certification) have certain legal rights to access certain personal data we hold about them and to obtain its correction, amendment or deletion. They may exercise some of those rights through the options described in our Privacy Policy. However, please know that, because our personnel have a limited ability to identify and access personal data that a user submitted to the Service. If you wish to request access, to limit use, or to limit disclosure, we may first refer your request to the user who submitted your personal data, and we will support them as needed in responding to your request.

Requirement to Disclose

We may disclose personal data when we have a good faith belief that such action is necessary to conform with the law or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements, or to enforce our contractual obligations.

Version History

  • First version, adopted November 3, 2017