Effective October 9, 2015
SmileOnMyMac, LLC (“Smile”) (“we” or “us” or “our”) is the custodian of data on behalf of the business entities, teams and individuals that use our Service, as defined in our Terms of Service Agreement (“TOS”) which includes, but is not limited to, our TextExpander® software. “You” or “your” means you, a User of the Service as defined in the TOS. All capitalized terms shall have the definition and meaning given them in our TOS.
Smile doesn’t own Your Data. You own Your Data. In order to access content shared within a specific team, authentication as a Team User or Team Administrator is required.
Please refer to our User Data Request Policy for details on requests for user data and content removal requests.
This policy describes how Smile treats your information, not how others treat your information. Privacy, security and confidentiality are important to Smile. If you’re using the Service in a business organization (“Organization”), most likely your Organization has its own policies regarding access to your information, storage, deletion and modification of content which may apply to your use of the Service. Content that would otherwise be considered private to you or a limited group of people may be accessible by your Organization Administrator or Team Administrator. Please check with your Organization about its policies regarding your communications and related content on the Service.
In an Organization, some people will have more privileges regarding the Service than others. For example, the Organization Administrator has the most power and control to create, edit, set access controls, and to remove Users or Teams from the Service. Team Administrators can only add and remove Organizational Users within their Team. Organizational Users have no such privileges but can create or edit content.
Information We Receive and Collect
General Information: To create your account we collect your email address, your name, your password and your Organization name, if any. At your option, and subject to your access controls, if you are an Organizational User on a team you can provide an email domain to allow people on that domain to sign up for your team without any invitation, or individually add email addresses for others you invite to join your team.
Account Information: Optional profile information not required to create your account may include your team name, additional contact information, social media handles, a self-uploaded user photograph, and general location information such as the City, State, and Country of your residence. Providing this information is optional, though it is likely to enhance your experience of using the Service. Please know that if you add any information to your profile, it will be visible to other people as described on your profile management page.
Billing Information: We collect credit card details and billing address for paid accounts. Smile does not store credit card details. We pass it securely to our payment processor.
Log Data: When you utilize the Service, servers automatically record access and usage details, chiefly so that we can diagnose problems and secondarily to maintain aggregate data on system performance. Log data may include your Internet address, the address of the webpage you visited immediately in advance of the Service, details about the authentication you used to access the Service, the date and time of events related to your use of the Service, information about your browser configuration and plug-ins, cookie data and language preferences. Log data does not include snippet content. Log Data is not routinely deleted.
Device Information: We may also collect information about the device you use to access the Service, including type of device, its operating system and version, its device name, its unique identifiers, and crash data.
Geographic Information: We do not collect precise location data. We may use IP address information to determine your general location and to make inferences about the location of our users in the aggregate.
Usage Information: We collect statistics on your use of the Service, and specifically the number of snippets you expand, the count of characters you were saved from typing, the number of times you’ve expanded each of your snippets, and the last date and time you expanded each of your snippets. We share this data with you through the Service. We may share this data with your Organization Administrator or Team Administrator, typically in the form of a periodic summary.
Snippet Content: We store and retrieve snippet content and any related images and/or scripts that you send or receive with the Service. We also store and retrieve metadata for your snippets such as its abbreviation, label, use count, date of most recent use, and modification history.
Information From Third Parties: We may receive information from third parties or partners which augments our own. For example, we may receive general location data for a given IP address or details on which country is most active in accessing our Site.
How We Use Your Information
We use information you provide to authenticate you and to provide access via the Service to your snippet content for sending and receiving message content.
We use your information to determine how the Service is being used and to improve it. We also use your information to investigate fraud or abuse of the Service.
We use your information to resolve problems you experience with, or to respond to your questions regarding, the Service.
We use your information to send you email messages about Service issues, changes, billing details, usage summaries, and when you are reaching any limits on service. Because such messages are part of the Service, you may not opt-out of them. We also send emails with TextExpander news, details on new product features, and other non-essential topics. You can opt-out of these any time.
Data Retention / Export Options
You may request via email to firstname.lastname@example.org access to your account and all those you administer for the sole purpose of exporting Your Data. Smile will grant such access, provided you have made all payments required of you under the TOS and have not breached any of your representations or agreements made in the TOS. If you do not request access within the time periods specified below, or do timely request but fail to complete the export of Your Data within the specified time from such request, your account and right to access and use the Service will terminate.
Choices for Trial and Beta Phase Accounts: Any of Your Data which is transmitted to or stored in the Service during your free trial account or beta phase account must be exported by you within thirty (30) days from the expiration of the trial period or beta phase period, as applicable, or all of Your Data will be permanently deleted unless, before expiration of your trial period or beta phase period, you purchase a subscription to use the Service. We will notify you by email when your trial period is expiring or the beta phase is expiring, as the case may be.
Choices for Individual Paid Accounts: You may deactivate your account at any time. Your Data retention period shall not exceed 30 days from deactivation unless otherwise specified in the pricing plan you selected at https://textexpander.com/pricing. All Your Data will be permanently deleted unless it is exported by you within 30 days from deactivation. You will also have the option to delete Your Data at any time.
Choices for Organization Paid Accounts
Data Retention: Your Data retention period shall not exceed 30 days from account deactivation unless otherwise specified in the pricing plan you selected at https://textexpander.com/pricing. All Your Data will be permanently deleted unless it is exported by you within 30 days from deactivation. You will also have the option to delete Your Data at any time. This shall be applicable to account deactivation by Organizational Administrator, Team Administrators, and Organizational Users.
Organizational Administrator: You may create, edit, suspend, deactivate accounts for, set access controls for, and remove Organization Administrators, Team Administrators, Teams, and Users within your Organization.
Team Administrators: You may manage and change most of the team settings as well as the group permissions and group sharing. You may deactivate accounts of members of your team. You may modify the circumstances under which team members, also known as Organizational Users, can edit or delete snippet content. You may delete groups controlled by any of your team members. Deleting shared groups will not result in their immediate removal from local storage or backups by group members.
Organizational Users: You may edit your profile at any time, including any opt-in email permissions. Subject to your access controls, you may be able to create groups of snippets and share them with others, both within and outside the Organization and you also may be able to create and edit snippet groups and snippets. Whether or not you may delete snippet content depends on your team’s settings. You may deactivate your account at any time, subject to the approval of your Organizational Administrator.
If you are an Individual User, you may control your snippet group. Otherwise, snippet groups are controlled either by the Organizational Administrator, Team Administrator, or Organizational User. An Organizational User can set control of any snippet group he or she creates, either to such user or to the Organization to which they belong. When an Organizational User becomes an Individual User, that Individual User loses access to snippets and snippet groups controlled by the Organization. The Individual User would still have access to snippets and snippet groups controlled by that User or otherwise shared with that User.
Definition. As used herein, “Confidential Information” means all information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) that is marked as confidential at time of disclosure, or which reasonably should be considered confidential given the nature of the information. Your Confidential Information is Your Data. Our Confidential Information is the Service and its components including, but not limited to, the Software. The Confidential Information of each party includes the TOS and business and marketing plans, technical information and any product plans and designs disclosed by such party. It is agreed that Confidential Information (except for Your Data) does not include any information that: (a) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation due the Disclosing Party; (b) is or becomes generally known to the public without breach of any obligation owed to Disclosing Party; (c) was independently developed by the Receiving Party; (d) is received from a third party without breach of any obligation owed to the Disclosing Party.
Unless otherwise consented to in writing by the Disclosing Party, the Receiving Party: (a) agrees to use the same degree of care it uses to protect its own Confidential Information, but in no event less than reasonable care, and (b) agrees to limit access to the Disclosing Party’s Confidential Information to those of its employees, agents, and contractors that require access to perform under this Agreement and who have signed confidentiality obligations at least as strict as those stated above.
Sharing and Disclosure
Organizations using the Service may have their own policies regarding sharing and disclosure of information which they access through the Service. This section discusses how and when Smile may access and share your information, which includes Your Data.
Smile may access and share your information: with your written consent; to respond to claims that Your Data violates third party rights; to enforce the TOS; when we have determined that disclosure is reasonably required to comply with the law or legal process; and to protect Smile and our users. Except as stated in Smile’s User Data Request Policy, when we can legally do so, Smile will provide prior notice to you if any third party or law enforcement entity requests your information.
Your Data. We shall not (a) modify Your Data; (b) disclose Your Data; or (c) access Your Data, unless we do so to provide the Service, to address technical problems, or should you so request in order to obtain customer support.
Smile may share your information about users including your email address and team name with their Team Administrators, Organization Administrator or your Organization. Also, if you contact Smile seeking our help to resolve an issue specific to your Team, if helpful to resolve the issue, we may share your concern with your Team Administrator.
Smile may share aggregate non-personally identifiable information with prospective Smile customers, such as but not limited to, the total number of snippets expanded in a month or the average number of snippets expanded per team.
Smile uses both session-based and persistent cookies for recording of log data. Cookies are unique small text file identifiers exchanged with our server each time you access our Service. Session-based cookies are limited to a single browser session; they are deleted when you close your browser. Persistent cookies last until they are deleted by you or expire.
Smile sets and accesses our own cookies via our company-owned domains. We also use third party cookies such as Google Analytics and Flurry for analytics. You may opt-out of third party cookies from Google Analytics and Flurry on their websites. We cannot ensure compliance with browser-initiated Do Not Track preferences, as our third parties do not offer us any such assurance.
The Site and Service are not intended for the storage or receipt of: (1) any Personally Identifiable Information or other data, the loss of which would trigger a data breach notification requirement; or (2) health information, including without limitation, Protected Health Information as defined under the Health Information Portability and Accountability Act of 1996 (“HIPAA”), as amended. You are responsible for all costs and expenses (including, without limitation, litigation costs, fees, and settlement sums) arising from any claims, including third party claims, that Smile may incur relating to any such information made available by you to the Site and Service.
Subject to the foregoing, Smile shall use commercially reasonable efforts to protect information you supply to us, including Your Data, when you use the Service from misuse, loss and unauthorized access or disclosure. However, Smile is not responsible for unauthorized access to Your Data or the unauthorized use of the Service. You are solely responsible for the use of the Service by any of your employees, any person to whom you have given access to the Service, including independent contractors and any person who gains access to Your Data or the Service as a result of your failure to use reasonable security precautions, even if you did not authorize such use. Your sign in credentials will be encrypted using secure socket layer technology (SSL). We will follow generally accepted standards to protect the personal data submitted to us in transmission and storage. However, we must make you aware that no digital transmission or storage mechanism is ever fully secure.
TextExpander is not intended for use by children under the age of 13. Please contact us should you learn that a minor child has provided us personal information without your consent.
Smile may change this policy from time to time, and if we do we’ll post any changes on this page. By your continued access to or use of the Service after those changes are in effect, you agree to the revised policy. If we deem the changes to be material, we may provide more prominent notice or seek your consent to the new policy.
The Site and Service are operated in the United States and Your Data is stored on servers in the United States. Oregon and United States law shall govern in any and all disputes, including, but not limited to, privacy and defamation.
SmileOnMyMac, LLC dba Smile 350 Bay St., Suite 100, PMB 278 San Francisco, CA 94133
- First version, adopted September 28, 2015