Privacy

SmartcareOS, LLC

Privacy Policy – (Last Updated: December 2nd, 2020)

Thank you for using this service, which is owned by SmartcareOS, LLC (“Smartcare,” “we,” “us” and “our”). Protecting your privacy is really important to us. With this in mind, we are providing this Privacy Policy (this “Policy”) to explain our practices regarding the collection, use and disclosure of information that we receive through the Services.

Scope of This Policy

The Policy applies to information collected through Smartcare’s (i) website located at https://smartcare.com/ (the “Site”); (ii) mobile device application (“App”); (iii) child care management-related services accessible via the Site and the App; and (iv) if applicable, any device provided to you by Smartcare. To make this Policy easier to read, the Site, the App, the child care management-related services, and the Service Devices are collectively called the “Services.”

The Policy does not apply to any third-party websites, services or applications, even if they are accessible through the Services. For example, Smartcare may subcontract any of the Services to a third party. Payments made through the Site or the App may be processed by Smartcare’s third-party payment processor, Vanco Payment Solutions, LLC (“Vanco”). Please visit Vanco’s website (https://www.vancopayments.com/) to familiarize yourself with its terms and conditions and its privacy policy.

Also, please note that, unless we define a term in this Policy, all capitalized terms used in this Policy have the same meanings as in our Terms of Service (https://smartcare.com/terms-of-service/). So, please make sure that you have read and understand our Terms of Service.

Some of the information we collect through the Services may be “Personal Information” – information that identifies you personally, alone, or in combination with other information available to us. Other information may be nonpersonally identifiable, such as information collected by cookies.

This Policy is Part of Our Terms of Service

This Policy is part of the Terms of Service (https://smartcare.com/terms-of-service/) that govern your use of the Services. We typically provide a link to our Terms of Service in the universal footer of our websites and on the App.

Your Consent

Please take a few minutes to read and understand our Policy so that you know how we collect, use, and share your Personal Information. By using the Services, you are consenting to the collection, use, and disclosure of your Personal Information as set forth in this Policy. If you do not agree to be bound by this Policy, you may not access or use the Services.

Revisions to this Policy

Any information that is collected via the Services is covered by the Policy in effect at the time such information is collected. We may revise this Policy from time to time, and we reserve the right to update or modify this Policy at any time, without prior notice, by posting the revised version of this Policy behind the link marked “Policy” in the universal footer of the websites governed by this Policy, and by making it available through the App governed by this Policy. If we make any material changes to this Policy, we will notify you of those changes by posting them on the Services, or by sending you an email or other notification, and we will update the “Last Updated Date” above, to indicate when those changes will become effective. Your continued use of the Services after we have posted the revised Policy constitutes your agreement to be bound by the revised Policy, and your agreement that any information we previously collected from you may be used as described in the revised Policy.

Privacy Notices

This Policy may be supplemented or amended from time to time by “privacy notices” posted on the Services. These privacy notices provide a level of detail that we cannot provide in this more general description of our privacy practices. For example, certain pages of the Services may contain privacy notices providing details about the Personal Information we collect on those pages, why we need that information, and choices you may have about the ways we use that information.

Other Agreements

When you sign up to use a special feature of the Services, you may be asked to agree to special terms governing your use of the special feature. This might include terms relating to payment processing conducted by a subcontractor of Smartcare. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked, “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of this Policy, the terms of the click-through agreement will supplement or amend this Policy, but only with respect to the matters governed by the “click-through agreement. Any third-party terms accepted through a third party’s click-through agreement with a third party will apply to the matters governed by that third-party agreement.

Collection and Use of Information

Information Collected or Received from You

Information You Manually Provide. Smartcare collects the Personal Information you manually provide (using your keyboard, mouse, or touchpad) when you use the Services. For example, we collect the information you provide when you create an account, place an order, ask us a question, or otherwise interact with the Services. Some of the information you manually provide may be Personal Information. For example, if you create an account on our Site or download the App, we may ask you to provide your name, email address, and other information. If you use our invoicing and payment services, we may ask for your credit card information. Some features and services may require additional Personal Information or demographic information. We may also collect any Personal Information you submit on or through the Services when you provide feedback or contact us with questions. Some of the information you post to this Site may constitute User Generated Content. All User Generated Content must comply with our Terms of Service [insert link].

Information Others Manually Provide. Through some parts of the Services, users can submit information about other people, including through User Generated Content. For example, users of the service may add photographs that include you or comments that include your name.

Information Provided by a Center. If you are an employee of a Center, you or your employer may provide us with certain Personal Information, including your social security number, so that we can provide certain services to the Center. For example, Smartcare (or our third-party service providers) may process payments to you from the Center. In addition, if you are an employee of a Center, Smartcare reserves the right to conduct (or to have conducted by third-party service providers) background checks on you, including criminal background checks, as part of the child care management-related services we provide to your employer. Should Smartcare decide to perform background checks, you agree to provide any required or applicable signed consents to enable Smartcare or its third-party service providers to conduct such background checks. If you are a Parent of a Center, you or the Center may provide us with certain information about you, including Personal Information, so that we can provide certain services to the Center. For example, Smartcare (or our third-party service providers) may collect your credit card or bank information to process your payments to the Center.

Information Collected Using Cookies and other Web Technologies. Like many website owners and operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information.

“Cookies” are small text files that are placed on your hard drive by a Web server when you access the Services. We may use both session Cookies and persistent Cookies to identify that you have logged in to the Services, and to tell us how and when you interact with the Services. We may also use Cookies to monitor aggregate usage and web traffic routing on the Services and to customize and improve the Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services. Some third-party service providers that we engage may also place their own Cookies on your hard drive. Note that this Policy covers only our use of Cookies and does not include use of Cookies by such third parties.

“Web Beacons” (also known as web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on the Services for several purposes, including, to deliver or communicate with Cookies, to track and measure the performance of the Services, to monitor how many visitors view the Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an email).

Information Related to Use of the Services. Our servers may automatically record certain information about how a person uses the Services; (we refer to this information as “Log Data”), including both account holders and non-account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing the Services, the pages or features of the Services to which a User browsed, and the time spent on those pages or features, search terms, the links on the Services that a User clicked on, and other statistics. We use Log Data to administer the Services, and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance the Services by expanding their features and functionality, and tailoring them to our Users’ needs and preferences. We may use your IP address to generate aggregate, non-identifying information about how the Services are used.

More About IP Addresses. Your IP address is the identifier assigned to your particular computer when you access the Internet. Depending on how you connect to the Internet, your IP address may always be the same, or it may change each time you access the Internet. IP addresses do not include your name, email address or other Personal Information, but in some cases, they can be used to identify you. For example, if you have registered with the Services, we may link your IP address to account information that identifies you personally. We may also provide your IP address to our third-party service providers who can use it to identify information such as your state and zip code. If we suspect inappropriate or criminal activity or a threat to the Services or its users, we may also share our server logs—which contain users’ IP addresses—with the appropriate investigative authorities, who could use that information to trace and identify individuals.

Information Sent by Your Mobile Device. We collect certain information that your mobile device sends when you use the Services, like a device identifier, user settings and the operating system of your device, as well as information about your use of the Services.

Location Information. When you use the App, we may collect and store information about your location by converting your IP address into a rough geo-location, or by accessing your mobile device’s GPS coordinates or course location if you enable location services on your device. We may use location information to improve and personalize the Services for you. If you do not want us to collect location information, you may disable that feature on your mobile device.

Information from Your User Generated Content. We may collect information from the User Generated Content that you submit through the Services. User Generated Content includes all of the text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, and other content you post on or through the Services using the social networking tools we make available to registered members of the Services. One way that User Generated Content differs from other information you provide to us is that, once submitted, User Generated Content is made available instantaneously to others who visit this Site. Examples of User Generated Content include your photographs you submit through the Services.

Information About Third-Party Cookies and Interest-Based Advertising

In addition to the cookies we deliver to your computer or mobile or tablet device through the Services, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with the Services. To learn more about Google Analytics, click here.

Other third parties may deliver cookies to your computer or mobile or tablet device for the purpose of tracking your online behaviors across nonaffiliated websites, and delivering targeted advertisements either through the Services or on other websites.

You have choices about the collection of information by third parties on the Services. For example, if you don’t want information about your visit to the Services sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to us.

In addition, if you would like to opt-out of having interest-based information collected by certain entities during your visits to the Site or other websites, please click here. You will be directed to an industry-developed website that contains mechanisms for choosing whether each listed entity may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on the Services do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies.

User Generated Content

The User Generated Content you submit on or through the Services is available to others who visit the Services. Therefore, you should have no expectation of privacy with respect to User Generated Content you submit on or through the Services. You should not submit any User Generated Content you do not wish to make available to the general public, and you must take special care to make sure your submissions comply with our Terms of Service (https://smartcare.com/terms-of-service/). In particular, your submissions must not violate the privacy or other rights of others.

How We Use Personal Information Collected Through This Site

Generally, we use the Personal Information we collect through the Services:

to provide the information, products and services you request;
for security, credit or fraud prevention purposes;
to provide you with effective customer service;
to provide you with a personalized experience when you use the Services;
to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
to contact you with information and notices related to your use of the Services;
to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us);
to better understand your needs and interests;
to improve the content, functionality and usability of the Services;
to improve our products and services;
to improve our marketing and promotional efforts; and
for any other purpose identified in an applicable privacy notice, click-through agreement or other agreement between you and us.

Please see below for information about the choices you have about the ways we use your Personal Information.

Information that We Share with Third Parties

We will not share any Personal Information that we have collected from or regarding you, except as described below:

Information Shared with Other Users. If through the functionality of the Services, you indicate that you want to contact another user, for example, to send or receive messages or photographs, we will share some of your Personal Information with that other user as is necessary for us to complete your request.

Information Shared with Our Service Providers. We may engage third-party service providers to work with us to administer and provide the Services. These third-party service providers have access to your Personal Information only for the purpose of performing services on our behalf.

Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes.

Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including Personal Information, is considered to be a business asset. Thus, if we are acquired by a third-party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third-party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Information, may be disclosed or transferred to a third-party acquirer in connection with the transaction. In negotiating with a third-party about entering into such an arrangement, we may need to disclose your Personal Information. In such cases, we will take reasonable measures to protect the Personal Information we disclose, for example, by requiring a prospective purchaser to sign a non-disclosure agreement limiting the use and protecting the confidentiality of the Personal Information.

Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety; and the property, rights and safety of a third-party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.

Your Choices

We offer you choices regarding the collection, use and sharing of your Personal Information, and we will respect the choices you make. Please note that if you decide not to provide us with the Personal Information that we request, you may not be able to access all of the features of the Services.

Opt-Out. We may periodically send you free promotional communications that directly promote the Services. When you receive such promotional communications from us, you will have the opportunity to “opt-out” (either through your account or by following the unsubscribe instructions provided in the email you receive). We do need to send you certain communications regarding the Services, and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Service or this Policy or information about invoicing and payment.

Modifying Your Information. You can access and modify the Personal Information associated with your account via the Settings page of your account. If you want us to delete your Personal Information and your account, please contact us at hello@smartcare.com with your request. We will take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law. In addition, please note that because we provide services to Centers, we will retain certain Personal Information about you in connection with the services we provide to the Center as it relates to you as a Parent or employee of the Center. For example, if you are a Parent at a Center, we will retain certain Personal Information provided to us by the Center so that we can send invoices to you on behalf of the Center. And, if you are an employee of a Center, we will retain certain Personal Information provided to us by the Center so that we can process payments to you from the Center. Please contact the applicable Center if you have any questions.

Responding to Do Not Track Signals

Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals.

The Security of Your Information

We take reasonable administrative, physical and technological measures designed to protect the information that we collect from, or about you (including your Personal Information), from unauthorized access, use or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. Further, we cannot control dissemination of Personal Information contained in User Generated Content you post on or through the Services, and you should have no expectation of privacy in such information.

Links to Other Sites

Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service, or that is collected by a Third-party Service, is provided directly to the owner or operator of the Third-party Service, and is subject to the owner’s or operator’s privacy policy. Smartcare is not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-party Services that you access.

International Transfer

Your Personal Information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide your Personal Information to us, we may transfer your Personal Information to the United States and process it there.

Our Policy Toward Children

The Services are not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted Personal Information on or through the Site without the consent and supervision of a parent or guardian, please email us at hello@smartcare.com so that we can take appropriate action.

Your California Privacy Rights

California residents may request and obtain from us, once a year, free of charge, a list of third parties, if any, to which we disclosed their Personal Information for direct marketing purposes during the preceding calendar year, and the categories of Personal Information shared with those third parties. If you are a California resident and wish to obtain that information, please submit your request by sending us an email at hello@smartcare.com with “California Privacy Rights” in the subject line, or by writing to us at 4175 Cameron Street, Suite B, Las Vegas, NV 89103.

Questions?

If you have questions about this Policy or our privacy practices, please contact us using the information below:

Email:
hello@smartcare.com

Address:
SmartcareOS, LLC
4175 Cameron Street
Suite A2
Las Vegas, NV 89103