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”).
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.
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.
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.
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
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.
- First version, adopted November 3, 2017