PRIVACY STATEMENT

Smart ERPPrivacy Policy

We, at Smart ERP Solutions, Inc., treat the privacy ofour clients and visitors to our website with the highest importance. Thispolicy details the measures we take to preserving and safely guarding yourprivacy when you visit or communicate with our site or personnel. A detailedexplanation of how we may store or otherwise use personal information about youand/or your organization is explained in this Privacy Policy. We collect andmay use the information to provide, maintain, protect, improve our services,develop new solutions and also protect the rights or property of SmartERP, ourclients and our partners.

Information Collection

We may collect the following types of information:

·        Information youprovide – When you logon to the SmartERP website, we may ask you for personalinformation, specifically:

·        Name

·        Email Address

·        Phone Number

·        Address

We may combine the information you submit under youraccount with information from other SmartERP services or third parties in orderto provide you with a better experience and to improve the quality of ourservices. We may also provide visitors to our website the opportunity toreceive communications such as our regular newsletter, product promotions andany other information that we feel may be pertinent to the visitor. You may optfor receiving these communications by emailing us at info@smarterp.com,by replying to any email we send you or by visiting certain locations on ourwebsite.

·        Cookies – When youvisit SmartERP, we may send one or more cookies to your computer or otherdevice. We use cookies to improve the quality of our service, including forstoring client preferences, improving our solutions and tracking client trends,such as how clients search.

·        Log information –When you access SmartERP solutions via a browser, application or other clientour servers automatically record certain information. These server logs mayinclude information such as your web request, your interaction with our website, Internet Protocol address, browser type, browser language, the date andtime of your request and one or more cookies that may uniquely identify yourbrowser or your account.

·        Client communications– When you send email or other communications to SmartERP, we may retain thosecommunications in order to process your inquiries, respond to your requests andimprove our solutions and services. We may use your email address tocommunicate with you about our solutions and services.

·        Other sites – ThisPrivacy Policy applies to SmartERP’s site and services only. We do not exercisecontrol over other sites who may display our site which include SmartERPsolutions, products or services. These other sites may place their own cookiesor other files on your computer, collect data or solicit personal informationfrom you. If we use this information in a manner different than the purpose forwhich it was collected, then we will ask for your consent prior to such use.

Information sharing

SmartERP only shares personal and client information withother companies or individuals in the following limited circumstances:

• We have your consent. We require opt-in consent for thesharing of any sensitive personal information.

• We may provide such information to our other trustedbusinesses listed here: https://www.smarterp.com/company/partnersfor the purpose of processing the information on our behalf. We require thatthese parties agree to process such information based on our instructions andin compliance with this Privacy Policy and any other appropriateconfidentiality and security measures.

• We have a good faith belief that access, use,preservation or disclosure of such information is reasonably necessary to (a)satisfy any applicable law, regulation, legal process or enforceablegovernmental request, (b) enforce applicable Terms of Service, includinginvestigation of potential violations thereof, (c) detect, prevent, orotherwise address fraud, security or technical issues, or (d) protect againstharm to the rights, property or safety of SmartERP, its clients as required orpermitted by law.

If SmartERP becomes involved in a merger, acquisition, orany form of sale of some or all of its assets, we will ensure theconfidentiality of any personal information involved in such transactions andprovide notice before personal information is transferred and becomes subjectto a different privacy policy.

Information security

We take appropriate security measures to protect againstunauthorized access to or unauthorized alteration, disclosure or destruction ofdata. These include internal reviews of our data collection, storage andprocessing practices and security measures, including appropriate encryptionand physical security measures to guard against unauthorized access to systemswhere we store personal data.

We restrict access to personal information to ouremployees, contractors and agents who need to know that information in order toprocess it on our behalf. These individuals are bound by confidentialityobligations and may be subject to discipline, including termination andcriminal prosecution, if they fail to meet these obligations.

Accessing and updating personal information

When you use the SmartERP website, we make good faithefforts to provide you with access to your personal information and either tocorrect this data if it is inaccurate or to delete such data at your request ifit is not otherwise required to be retained by law or for legitimate businesspurposes. We may ask individual clients to identify themselves and theinformation requested to be accessed, corrected or removed before processingsuch requests, and we may decline to process requests that are unreasonablyrepetitive or systematic, require disproportionate technical effort, jeopardizethe privacy of others, or would be extremely impractical (for instance,requests concerning information residing on backup tapes), or for which accessis not otherwise required.

Enforcement

SmartERP regularly reviews its compliance with thisPrivacy Policy. When we receive formal written complaints, it is SmartERP’spolicy to contact the complaining client regarding their concerns. We willcooperate with the appropriate regulatory authorities, including local dataprotection authorities, to resolve any complaints regarding the transfer ofpersonal data that cannot be resolved between SmartERP and the client.

EU-US and Swiss-US Privacy ShieldCompliance

Smart ERP complies with the EU-U.S. Privacy ShieldFramework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S.Department of Commerce regarding the collection, use, and retention of personalinformation from European Union member countries and Switzerland transferred tothe United States pursuant to Privacy Shield. Smart ERP has certified that it adheres to the Privacy ShieldPrinciples with respect to such data. If there is any conflict between thepolicies in this privacy policy and data subject rights under the PrivacyShield Principles, the Privacy Shield Principles shall govern. To learn moreabout the Privacy Shield program, and to view our certification page, pleasevisit https://www.privacyshield.gov/    

With respect to personal data received or transferredpursuant to the Privacy Shield Frameworks, Smart ERP is subject to theregulatory and enforcement powers of the U.S. Federal Trade Commission.

Pursuant to the Privacy Shield Frameworks, EU and Swissindividuals have the right to obtain our confirmation of whether we maintainpersonal information relating to you in the United States.  Upon request, we will provide you with accessto the personal information that we hold about you.  You may also correct, amend, or delete thepersonal information we hold about you. An individual who seeks access, or who seeks to correct, amend, ordelete inaccurate data transferred to the United States under Privacy Shield,should direct their query to info@smarterp.com.  If requested to remove data, we will respondwithin a reasonable timeframe.

We will provide an individual opt-out choice, or opt-infor sensitive data, before we share your data with third parties other than ouragents, or before we use it for a purpose other than which it was originallycollected or subsequently authorized.  Torequest to limit the use and disclosure of your personal information, pleasesubmit a written request to info@smarterp.com.

In certain situations, we may be required to disclosepersonal data in response to lawful requests by public authorities, includingto meet national security or law enforcement requirements.

Smart ERP’s accountability for personal data that itreceives in the United States under the Privacy Shield and subsequentlytransfers to a third party is described in the Privacy Shield Principles. Inparticular, Smart ERP remains responsible and liable under the Privacy ShieldPrinciples if third-party agents that it engages to process the personal dataon its behalf do so in a manner inconsistent with the Principles, unless SmartERP proves that it is not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, SmartERP commits to resolve complaints about your privacy and our collection oruse of your personal information transferred to the United States pursuant toPrivacy Shield. European Union and Swiss individuals with Privacy Shieldinquiries or complaints should first contact Smart ERP at: 925 2710200.

Smart ERP has further committed to refer unresolvedprivacy complaints under the Privacy Shield Principles to an independentdispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by theCouncil of Better Business Bureaus. If you do not receive timely acknowledgmentof your complaint, or if your complaint is not satisfactorily addressed, pleasevisit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free ofcharge to you.

If your complaint involves human resources datatransferred to the United States from the EU and/or Switzerland in the contextof the employment relationship, and Smart ERP does not address itsatisfactorily, Smart ERP commits to cooperate with the panel established bythe EU data protection authorities (DPA Panel) and/or the Swiss Federal DataProtection and Information Commissioner, as applicable and to comply with theadvice given by the DPA panel and/or Commissioner, as applicable with regard tosuch human resources data.  To pursue an unresolved human resourcescomplaint, you should contact the state or national data protection or laborauthority in the appropriate jurisdiction.  Contact details for the EUdata protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.  Complaints related to human resources datashould not be addressed to the BBB EU PRIVACY SHIELD.

If your Privacy Shield complaint cannot be resolvedthrough the above channels, under certain conditions, you may invoke bindingarbitration for some residual claims not resolved by other redressmechanisms.  See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

Changes to this Privacy Policy

Please note that this Privacy Policy may change from timeto time. We will not reduce your rights under this Privacy Policy without yourexplicit consent. We will post any Privacy Policy changes on this page and, ifthe changes are significant, we will provide a more prominent notice(including, for certain solutions, email notification of Privacy Policychanges).

Contact Details

If you have any questions or concerns regarding thisprivacy policy, you can contact us through phone or email, our contact informationis as follows: Smart ERP Solutions, Inc. Phone: (925) 271-0200 Email: info@smarterp.com

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