Last modified on 17.05.2018
Please also read the Terms of Service which sets out the terms governing the Services.
1. Our Privacy Principles
Your privacy is important to us. When you use our products, we appreciate that you trust us to keep the personal information we collect and process safe and secure. We are committed to earning and maintaining that trust. We do this by following a set of basic privacy principles. These principles are a set of “dos” and “don’ts” that underpin how we think about privacy and how we operate our business.
These are our privacy principles:
- We don’t sell personal information.
- We don’t share your Video Feeds with unauthorised third parties.
- We don’t collect personal information that we don’t need.
- We are transparent and upfront about the ways in which we use personal information.
- We only retain personal information for so long as is necessary, and then we delete it.
- We delete personal information upon request (unless we’re required by law to keep it).
- We deploy appropriate security to keep personal information safe and secure.
- We adopt a “privacy by design” philosophy: privacy influences how we think about and build our products.
2. What personal information do we collect and process?
When we provide the Services, we collect and receive information in several different ways. In many cases, you choose what information to provide, although some information is required for us to provide you with our Services or you may tell us to get personal information from a third party source.
There are two broad categories of personal information that we collect and process: information you give us or which we require for, or collect or infer from, your registration and use of our Services (“User Information”) and audio and video footage and images captured by our Services (“Video Feeds”). As highlighted above, Smartfrog controls User Information but only processes Video Feeds on your behalf.
Information you provide to us
- During the registration process you will directly provide us with certain information, such as your name, email address and any personal information required for the Services that you are subscribing to.
- If you use a social media application to login to the ‘freemium’ version of the Services, such as Facebook or Google, you authorize Facebook or Google, as the case may be, to share your personal information with us, including your name, email address and publicly available information.
- You may also provide us with physical address details so that we can ship equipment or products to you.
- When you purchase a subscription to our Services, you provide our payment processor with your payment information. We use a trusted third party payment provider acting on our behalf and as such, Smartfrog does not collect payment card information.
- You may provide us with additional personal information if you email or call us. Additional information may include details of administrative, technical and support communications with us.
Information collected or sent by our Services or other equipment
- When you use the internet, certain information may be sent from your device to the server that you are accessing. This enables your device and that server to communicate with one another. Our Services work in the same way. In other words, we automatically collect certain log data when you interact with or use our Services or visit our website on your computer or other device, including IP address, browser information and the web pages that you have requested on our website.
- Similarly, technical information is obtained from devices and equipment that are connected to our Services (either a camera or other equipment that we supply to you or another device that you have installed our app or software on). This may include device identifiers, software version, wifi strength and other technical information. Information about your app settings may also be received.
Information collected or processed on your behalf
- When you enable the recording or streaming features of our Services, we will receive and process Video Feeds at your direction and subject to your settings. These Video Feeds consist of the video and audio content collected by your device. To the extent that we capture, store and analyse Video Feeds, we do so on your behalf.
3. How do we use the personal information we collect?
We use the information we have to help us provide, operate, improve, understand, customize, support, and market our Services.
Specifically, we process User Information:
- To provide and administer our Services: For example, we will use the personal information you provide to perform the Terms of Service, such as to create your account and make sure you receive the product you have requested. We use log data, technical information and cookies data to identify you, improve and correct issues and ensure our Services are safe and secure.
- To contact you: Your contact details may be used to contact you with service announcements or promotional messages (in accordance with applicable laws). These promotional messages may relate to our Services. You can change your preferences around promotional messages at any time. We reserve the right to contact you in connection to Service related issues.
- To send invitations: If you invite friends or family to view your Video Feeds, or to use our Services, we use the information provided by you to send the email, to register your friend or family member if your invitation is accepted, and to track the success of our invitation Services.
- To improve our Services: User Information provides us with insights into how our Services work and how they are used. For example, it helps us understand what features people like and dislike. This allows us to continually improve our existing products, to create new ones, and to serve you better. This may involve providing you with customised content or options.
- To market our Services: We may use User Information for the purposes of targeted and segment marketing with our commercial partners and service providers.
- For security purposes and fraud prevention purposes: We may use User Information to keep our systems and users safe. For example, we may analyse transactions to identify potential cases of fraud.
We process Video Feeds on your instructions and to perform the Terms of Service as your processor, including:
- To provide you with the Services that you have requested: in other words, the Video Feeds are processed to enable you to review and playback the content captured by the camera and any related sound recordings.
- To provide you with enhanced or value added features, products and Services: for example, Video Feeds may be processed to identify motion or other events to send you appropriate notifications, or to offer or provide you with customised and related products, services and content.
Our Services may allow you to share Video Feeds with third parties or to stream such content live. We only share your Video Feeds in this way at your request. It is important that you realise that if you share Video Feeds with others and you subsequently deactivate your account, such recipients may be able to access those Video Feeds for up to one year after you have deactivated your account.
4. Our legal bases
- necessary to perform a contract we have with you, such as provide the Services in accordance with the Terms of Service;
- you have consented to certain processing, which you may revoke at any time by changing the setting on your device;
- required for Smartfrog to comply with a legal obligation, a court order, to exercise and defend legal claims;
- you have made the information manifestly public;
- necessary to protect your vital interests or those of others, or where necessary in the public interest; and
- some processing is necessary for the purposes of our, your, or a third party’s legitimate interests, such as those of other users or our commercial partners.
Our legitimate interests
We process your User Information in furtherance of the following legitimate interests:
- Keeping the Services safe and secure: We use your personal information to try and keep our Services safe and secure. We do so as it is necessary to pursue our, your, and our community’s legitimate interests in ensuring Smartfrog is secure, and to protect against fraud, spam, misuse and abuse.
- Providing the Services: We use your personal information to provide the Services, including any personalized Services. We do so as it is necessary to pursue our legitimate interests in providing an innovative and tailored offering to our users on a sustained basis.
- Research and Improving the Services: We work hard to develop, enhance and improve our Services. We may process your personal information in order to further our legitimate interests of learning how we can improve your experience on our Services, and contributing to research.
- Marketing the Services. We process your information in accordance with our legitimate interests of marketing the Services to you and others.
5. Do we share your personal information?
We keep your personal information private. We don’t sell your personal information. However, in very limited circumstances we may be required to share it with third parties. These are set out below:
- With your consent or on your instruction: We will share your User Information with a third party in circumstances where you have told us that it is okay to do so. Equally, we will share Video Feeds if you have instructed us to do so. For example, if you ask us to stream your Video Feed or provide a third party with access to it, we may do so.
- With our service providers: To a limited extent, we may share both User Information and Video Streams with our trusted service providers, particularly where this is necessary to provide our Services to you. These service providers will be subject to non-disclosure obligations and are required to keep your personal information safe and secure. For example, if we supply a camera to you, we may provide your address to our delivery company. We may also share personal information with our legal counsel, particularly in cases where there has been a breach of our Terms of Service.
- For legal and safety reasons: We may provide information to a third party if we believe in good faith that we are required to so for legal reasons or that this is necessary to prevent harm or injury to our users, members of the public, our staff, or ourselves, or if we need to do so to defend our legal rights or to enforce or Terms of Service. For example, we may provide personal information if we are ordered by a court to do so. At each purchase we can obtain information about your previous payment habits and creditworthiness for the purpose of a credit check based on mathematical-statistical methods using your address data we transmit the necessary customer data (full name, address, email address and bank details) to a third party. By considering the customer data and the information received concerning the statistical probability of default, a balanced decision can be reached on which payment options can be offered to you.
- Within the Smartfrog group: We may share your information with Smartfrog affiliate companies to help provide, maintain and improve the Services. As we grow, we may expand our corporate family by establishing local subsidiaries or other affiliates in these countries as needed to help us provide or market the Services.
- Business re-organisation: In instances where the business is subject to a re-organization, such as a merger or acquisition of some or all of its assets, we may, in accordance with our legitimate interests, need to share information in the course of the transaction. In such circumstances, your information may be disclosed, where permitted by applicable law, in connection with a corporate restructuring, sale, or assignment of assets, merger, or other changes of control or financial status of Smartfrog.
- Aggregated information: We may share de-identified information (particularly aggregated information) publicly. For example, we may release information about the number of people who use our products, or total hours of video captured by users in a certain jurisdiction.
- Cookies and equivalent technologies: Finally, note that there are a number of third party cookies and equivalent technologies on our website and SDKs contained in our app. Third parties may directly obtain information through these tools. Additional information is provided in our Cookies Policy.
6. How long do we keep personal information?
We keep User Information for so long as is necessary in light of the purpose for which it was originally collected or lawfully further processed. We generally store your User Information for the duration of your account with us. We do this to provide you with our Services. Depending on your instructions, Video Feeds may also be stored for up to this length of time. This enables you to review and access your Video Feeds.
You can deactivate your account at any time through the user interface made available in our Services, including in the app. Deactivation puts your account on hold for a period of 1 year. You can reopen your account during this time period and we will continue to hold your personal information for this length of time. After 1 year, we will delete your account and your personal information, including any Video Feeds.
We also allow you to delete your account at any time. To do this, please send an email to firstname.lastname@example.org. It generally takes us about 30 days to fully delete your personal information. We may retain personal information for a longer period of time if we are permitted or required to do so by law.
7. How do we keep personal information secure?
We deploy appropriate organisational and technical security measures to keep personal information safe and secure.
We regularly monitor our system for possible vulnerabilities and attacks. We also store personal information on a tier-one secured-access data centre and, on your instruction, we encrypt the Video Feeds. However, the internet is not a 100% secure environment, so we cannot guarantee the security of personal information.
Please play your part in keeping your personal information secure by choosing a strong password and by keeping your login details secret.
8. What are your rights?
You have a number of rights in relation to User Information and how it is used. While some of these rights apply generally, certain rights apply only in certain limited cases. We describe these rights below.
- Access and Porting. You can access much of your personal information by logging into your account. If you require additional access, or if you do not have an account, please contact us. Where legally required, we will provide a copy of the personal information you have given us in an easily accessible format and assist in transferring some of it to third parties.
- Change, Restrict, Delete. You can also change, restrict, or delete much of your personal information by logging into your account, including through the app. If you cannot do this, or if you do not have an account, please contact us. Please note that we may retain or continue to process your personal information if required or permitted by law.
- Object. If we process your personal information based on our legitimate interests explained above or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your personal information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. For example, you can object to our processing of your personal information for marketing purposes by following the link provided in a marketing email or by contacting our customer service: support
- Revoke consent. Where you have previously provided your consent, you have the right to withdraw your consent to the processing of your personal information at any time. For example, if you activate geo-fencing, you can withdraw your consent at any time by changing the settings on your device or changing your camera settings. If you withdraw your consent, you may not have access to all (or any) of our Services and we might not be able to provide you all (or any) of the Services. In certain cases, we may continue to process your personal information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities.
- Complain. You have the right to submit a complaint about our use of your personal information with your local supervisory authority or Smartfrog’s lead supervisory authority, the Irish Data Protection Commission.
If you have any questions about your rights please email us at email@example.com.
9. What are your responsibilities?
Our Services allow you to capture, store and review Video Feeds so, when you use our products, you should take care to ensure that you act in accordance with applicable data protection and privacy laws. For example, if you are based in Europe, and use our Services outside of the purely domestic sphere, you may be obliged to comply with your local data protection laws and to register with or notify your local data protection authority.
You are also required to comply with the Acceptable Use rules in our Terms of Service.
10. Where do we store personal information?
We generally store personal information on servers located inside the European Economic Area (EEA). However, in certain cases it may be necessary for us to transfer personal information to servers, or use service providers, located outside of the EEA, including where necessary to provide the Services and perform the Terms of Service.
When transferring personal information outside the EEA, we may use a legal mechanism known as the “standard contractual clauses”. These are contracts that contain standard commitments approved by the EU Commission protecting the privacy and security of the information transferred. For recipients in the United States, we may alternatively rely on the EU-US Privacy Shield where such recipients are certified to receive your information under the Privacy Shield Program.
Please be aware that the privacy protections and rights of authorities to access your personal information in these countries may not be equivalent to those in the EU. We will only transfer personal information where permitted to do so by EU law and we will take steps to ensure that the personal information continues to enjoy appropriate protections.
12. Contact Us
If you have any questions or comments, or if you would like to exercise any of your rights, please contact us at:
Smartfrog Limited Pembroke House 28-32 Pembroke Street Upper Dublin D02 EK84 Ireland
Our Data Protection Officer can be contacted at: firstname.lastname@example.org