At S.M.A.R.T., LLC (S.M.A.R.T.), we take your privacy very seriously. Our primary goal in collecting information from you is to provide you with a smooth and customized experience while you use our services. Except as otherwise contemplated in this Privacy Policy, we do not disclose any personally identifiable information about you to any third party without your permission, unless we believe in good faith that we are required to do so by law. We do share aggregated information about our Users with third parties, such as advertisers or partners, for marketing and promotional purposes. This document will answer the following privacy concerns:

What information does S.M.A.R.T. gather and track?

How does S.M.A.R.T. use my information?

Does S.M.A.R.T. share User account information?

How private is my account information?

How secure is my account information?

How do I opt out of receiving messages from S.M.A.R.T.?

How do I update or deactivate my account information?

What are cookies and how does S.M.A.R.T. use them?

How does S.M.A.R.T. notify Users of changes to the Privacy Policy?

What information does S.M.A.R.T. gather and track? In general, we collect information about you in the following ways:

Registration

When you register for any of the S.M.A.R.T. Services, we may ask you how you heard about S.M.A.R.T.. The more information you provide, and the more accurate it is, the better we are able to customize and provide our services to suit your needs and preferences. When you register for one of the S.M.A.R.T. Services we may ask that you give us non-personal information such as from where you may have been referred to us. We also ask that you give us personal information such as your name, email address, and mailing address. When you register for a subscription-based service, we ask that you provide us with additional information, such as your mailing address, credit card number and credit card expiration date.

Usage Tracking/Hardware/Software/Cookies

While you are on any of our web sites, we at times automatically track information related to your use of the S.M.A.R.T. Services. This information may include (among other things) files viewed by the user and a user’s path through our web sites. There is also information about your computer hardware and software that may be automatically collected by S.M.A.R.T.. This information can include information such as: your browser type, type of operating system, type of Java virtual machine, Internet connection speed, and access times. This information will be matched with your personal information. In addition, when you connect to any of our web sites, we may detect your IP address and store a cookie (see below for definitions) on your computer.

Technical Support/Information

When, as a S.M.A.R.T. User, you request technical support or information for S.M.A.R.T. Services, we ask you for your personal information and other information necessary to answer your question or resolve your problem.

Discussion Boards

S.M.A.R.T. may offer Discussion Boards for your use. If you choose to post messages on our discussion boards or leave feedback for other Users, we may collect such information about you as you choose to disclose.

Surveys/Questionnaires

We occasionally ask S.M.A.R.T. Users or visitors to fill out optional surveys and/or questionnaires. These surveys/questionnaires may ask for demographic information and other information about computer use.

Other Information You May Give Us

When you visit any of the S.M.A.R.T. web sites, we may collect information that you enter on any of our web sites or give us in any other way in order to contact you about S.M.A.R.T. Services. Additionally, if you want to learn more about our products or services, we may request that you fill out a form in which we ask for information such as your first/last name, mailing address, email address, as well as your phone number. We only use this information to contact you in order to provide you with information about S.M.A.R.T. products and services, answer any questions that you may have, and/or help you sign up for the S.M.A.R.T..

How does S.M.A.R.T. use my information? S.M.A.R.T. uses your information on an aggregated basis to do such things as operate our web sites and enhance our web sites. We statistically analyze site usage, including the behavior of our Users, to improve the content, layout, and services of the S.M.A.R.T. web sites, as well as to enhance our marketing and promotional efforts.

We use the information we collect to better understand your needs. Additionally for the S.M.A.R.T. subscription Services we use the information we collect to process payments, confirm renewal charges or payments to your account, administer your account and the like.

Finally, we may use the information we collect to occasionally notify you about important functionality changes to the web site, new S.M.A.R.T. Services, and special offers (including promotion of our product or third party products) we think you’ll find valuable. Except for communications sent to you regarding material company announcements or policy changes, if you would rather not receive this information you can indicate your preference. You may choose not to receive messages from us by following the opt-out instructions listed in the bottom of emails you receive from S.M.A.R.T. you can contact our customer service team and inform them you no longer wish to receive this information.

The following describes some of the ways your information may be used:

Your contact information from the sign-up form is used to send you information about our company and products. We also use this information to contact you when necessary. Except as otherwise contemplated in this Privacy Policy, you may choose not to receive messages from us by following the opt-out instructions listed in the bottom of emails you receive from S.M.A.R.T. you can contact our customer service team and inform them you no longer wish to receive this information.

Your unique IP address is used when we need to diagnose technical problems with our site. We use cookies to correctly deliver account information to you. To find out more about cookies, please see definitions below.

Any information collected regarding your hardware or software is used for the operation of the Services, to maintain the quality of the services, to improve our products or services or to provide general statistics regarding use of the S.M.A.R.T. Services.

Any information you provide to us through a form, email, or telephone requesting customer support or information is used for that specific situation only or to administer our service to you.

We also partner with other companies that can help us provide enhanced services to our Users. Any information you provide through a registration form for any Service, is used to administer the Service(s).

Any information you submit in a survey or questionnaire is used to help us better understand and serve our Users. This research is compiled and analyzed on an aggregated basis; we may share this aggregated data with business partners.

The contents of email correspondence to us or postings on our discussion boards may be used for promotional purposes, such as customer testimonials.

Any information that you enter on any of our web sites and/or any contact information that you provide to S.M.A.R.T. may be used to send you email messages and direct mailings which supply detailed information about S.M.A.R.T. and/or the applicable S.M.A.R.T. Service. We may also use your telephone number to call you in order to discuss the S.M.A.R.T. Services and assist you in signing up if you choose to become a User.

Does S.M.A.R.T. share User account information? As a general rule, except as otherwise contemplated in this Privacy Policy, S.M.A.R.T. will not disclose any of your personal information without your permission, except under special circumstances, such as when we believe in good faith that the law requires it.

Business Transitions and Affiliates/ISAs: S.M.A.R.T. may disclose your personal information to a third party who is a successor in interest, in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all of the assets related to some or all of the S.M.A.R.T. Services. Additionally, S.M.A.R.T. may disclose your personal information to S.M.A.R.T. corporate affiliates that are subject to privacy policies that protect your personal information from disclosure to third parties in a manner similar to this Privacy Policy.

Third Party Advertisements: The advertisements that appear on the S.M.A.R.T. web sites are generally delivered through internal software operated by S.M.A.R.T.. We may use your information to provide you with advertisements that are targeted to your specific needs and interests. These advertisements link directly to third party web sites. S.M.A.R.T. has no control over the content or privacy policies of such web sites, and therefore we encourage you to review such content and policies prior to submitting any personal information to them. We do share certain aggregate information, such as demographic information and the number of times that our Users have viewed an advertisement, with our third party advertisers. This information is not linked with any personally identifiable information, and we do not provide any such information to third party advertisers. S.M.A.R.T. may use aggregated, statistical information to describe our Users’ actions and to establish business relationships with third parties. S.M.A.R.T. may serve you with targeted advertisements based on your personal information, but S.M.A.R.T. does not provide any of this personal information to an advertiser or any third party with the exception of those uses expressly disclosed in this policy.

Agent: We employ other companies and individuals who are subject to confidentiality obligations, to perform functions on our behalf. Examples include, but are not limited to, web site design services, postal mail and e-mail delivery, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing customer service, and collecting and processing payments for S.M.A.R.T. services/products. They have access to personal information needed to perform their functions, but may not use it for other purposes.

Legally Compelled Disclosure and Other: S.M.A.R.T. may disclose or access account information when we believe in good faith that the law requires it or for the protection of our legal rights. S.M.A.R.T. may also disclose information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the S.M.A.R.T. User Agreement. We can disclose any personal information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with a violation of the S.M.A.R.T. User Agreement, an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability.

How private is my account information? S.M.A.R.T. makes every effort to ensure the confidentiality of all information you provide about yourself. As a general rule, except as otherwise contemplated in the Privacy Policy, S.M.A.R.T. will not disclose any of your personal information without your permission, except under special circumstances, such as when we believe in good faith that the law requires it. If personally identifiable data about you will be shared, we will tell you, whenever possible, before we collect or transfer the data.

As a S.M.A.R.T. User, you have exclusive access to your account information when you log in to http://www.kentclothier.com. Our User Support staff also has access to your account information, which is viewed for reasons such as when technical support is requested or maintenance is required. In addition, any partner you request to provide services to your account may have access to your account information.

S.M.A.R.T. may make chat rooms, guest books, discussion boards, and other means of online communication and collaboration available to its Users. Please remember that any information that is disclosed in these areas becomes public information. You should exercise caution when deciding to disclose your personal information in a public forum such as a chat room, guest book, or discussion board.

How secure is my account information? S.M.A.R.T. uses industry standard efforts to safeguard the confidentiality of your personally identifiable information, such as firewalls and Secure Socket Layers (SSL). We make every effort to protect the loss, misuse, and alteration of the information under our control. In addition, we always use a secure connection when collecting personal financial information from you. However, no data transmission over the Internet can be guaranteed to be 100% secure.

Your S.M.A.R.T. account is password-protected so in addition to those partners or agents who may provide you services, only you and those you designate can access it and view the User information relevant to your account. Ultimately, you are responsible for maintaining the secrecy of your passwords and any account information. Remember to log out of your S.M.A.R.T. account and close your browser window when you are done. This ensures that others cannot access your personal information if your computer is accessible to others.

How do I opt out of receiving messages from S.M.A.R.T.? Except as otherwise contemplated in this Privacy Policy, as a S.M.A.R.T. User, if you do not want to receive messages from S.M.A.R.T. about new features or products, tips on product use, and promotions, you can indicate your preference by clicking the respective box of your choice. You can opt-out of receiving such information by logging into your account and updating your preferences. If you would ever like to start receiving messages, you can always update your profile accordingly.

Since it is necessary for us to contact you regarding certain matters, you may not opt-out of receiving messages relating to material company announcements or policy changes, or administrative matters relating to your account, like billing, collections, customer support or the like.

If you have been contacted by S.M.A.R.T. as a result of information you entered on any of our web sites or if you provided your personal information to S.M.A.R.T. for the purposes of receiving more information about a S.M.A.R.T. Service before choosing to sign up as a User, and you no longer want to be contacted by S.M.A.R.T., you can click on the “unsubscribe” link at the bottom of any email you receive and S.M.A.R.T. will remove you from the list of those who will be contacted with more information about S.M.A.R.T. services or products.

How do I update or deactivate my account? You can control and update your contact information for S.M.A.R.T. Services by logging into your account and updating your account/profile.

What are cookies and how does S.M.A.R.T. use them? Cookies are small pieces of information stored on your hard drive, not on our site. The use of cookies is an industry standard, generally used by most major Web sites to improve their services. S.M.A.R.T. uses cookies because they allow us to store your password without your having to constantly re-enter it. Cookies can also help us track your behavior on our site so that we can tailor our marketing message to better match your needs and interests. Finally, by tracking behavior on our site, cookies allow us to better understand how Users use our site, which in turn helps us focus our resources on features that are most popular with our Users. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly if you do so.

Note: S.M.A.R.T. may place advertisings on our web sites that originates from outside advertisers and/or advertising agencies, and may use the services of third party companies to display such advertising. For more information regarding the advertiser and/or advertising agencies and their privacy policies, return to that advertiser’s home page and click on their Privacy Policy link. In some cases, if you click on or view these ads, the advertiser may assign you a cookie. S.M.A.R.T. does not control these cookies.

How does S.M.A.R.T. notify Users of changes to the Privacy Policy? This policy is periodically reviewed by S.M.A.R.T. and may be subject to change. Therefore, please check this Privacy Policy periodically and you may refer to the date posted at the top of this page to determine when this policy was last updated. Use of the S.M.A.R.T. websites or Service(s) constitutes consent to any policies then in effect.

If we are going to use your personally identifiable information in a manner different from that as provided in our Privacy Policy at the time of collection we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect User information already stored in our database, we will post a prominent notice on our web site(s) notifying Users of the change. In some cases where we post the notice we will also email Users who have opted to receive communications from us, notifying them of the changes in our privacy practices.