Effective Date: April 4, 2019

This is the Privacy Policy for Smartvid.io, Inc. (“Smartvid.io”) and its affiliates. It covers our handling of two categories of information:

1. Personal data we handle for our customers and users (“Service Data”) - We collect this data through our construction photo and video management and analytics platform (including through user accounts on Smartvid.io and our apps) and through related support and professional services. We refer to all of these offerings as the “Services.” Under applicable law, Smartvid.io is considered a “processor” of this data, and the user (or, for organizations with access to the admin console, the customer) is a “controller” of the data.
2. Personal data we handle for our own business (“Business Data”) - This includes certain data collected on our websites, such as newsletter signup forms, as well as data collected through other marketing-related efforts. Under applicable law, Smartvid.io is a “controller” of this data.

This Privacy Policy has details specific to Service Data, details specific to Business Data, and information relevant to our handling of both kinds of data. This Privacy Policy does not apply to the collection of the information by third-party websites or applications, including applications for Smartvid.io jobs. We encourage you to review the privacy policies of third-party websites and applications with which you interact.

1. Privacy Practices Specific to Service Data

   1. Types of Service Data
      We receive information from or on behalf of our customers and their users. Because of the nature of our Services, this Service Data may contain any type of personal data but almost always is professional contact information. Our platform also uses cookies and other automated data collection tools described in Section 3 to collect Service Data. We use Service Data as described below.
      
      
   2. Uses of Service Data
      Subject to our contractual obligations, and depending on the particular Smartvid.io Services, we use the information described above as follows:
      
      
      • To provide the Smartvid.io Services (including internal analysis of aggregate usage patterns and to respond to your questions, concerns, or inquiries);
      • To improve the Smartvid.io Services;
      • To create and commercialize new Smartvid.io products;
      • To create and use aggregated information for any of the purposes above;
      • To enforce the legal terms that govern the Smartvid.io Services;
      • To comply with law and protect rights, safety and property; and
      • For other purposes requested or permitted by our customers or users.
   3. Disclosures of Service Data
      Subject to our contractual obligations, and depending on the particular Smartvid.io Services, we share the information described above as follows:
      
      
      • To provide the Smartvid.io Services, which can involve transferring data to third parties (third parties here refers to two kinds of entities: a) software delivery parties necessary for delivery of the service including hosting and email delivery b) users or systems customers invite or connect to for the purposes of receiving the service) whose own use of the data is not subject to this Privacy Policy, such as:
        
        
        • By facilitating a user’s posting of information to a Smartvid.io project controlled by a third party (which, like the other examples here, then would be subject to that third party’s decisions about use and disclosure);
        • By facilitating a user’s electronic delivery of information to an external recipient selected by that user (such as to send data to an integration or to invite a nonuser to join a project); or
        • By providing a customer or a third party chosen by the customer with any data collected from any user of the customer’s Smartvid.io project;
        • By providing a project administrator with information about a user’s use of the Smartvid.io project.
        • By allowing a project administrator to transfer control of all or a portion of a project (and the data it contacts), to a new project administrator, including one at a different company.
      • To enforce the legal terms that govern the Smartvid.io Services;
      • To comply with law, and where we deem disclosure appropriate to protect rights, safety and property (for example, for national security or law enforcement);
      • As part of a business sale, merger, consolidation, change in control, transfer of substantial assets or reorganization; or
      • For other purposes requested or permitted by our customers or users.
      For those purposes, we may share Service Data with our affiliates and other entities that help us with any of the above.

2. Privacy Practices Specific to Business Data

   1. Types of Business Data
      Business Data consists of contact details, professional details (e.g., title and name of company), information about an individual’s interactions with Smartvid.io or our partners, and payment information that we collect for our own business activities, as opposed to data that we collect on behalf of a particular customer.
      
      We obtain Business Data directly from the relevant individuals, and also from third-party sources, such as their employers, marketing or lead generation companies and other third-party data aggregators, and social networking platforms (e.g., LinkedIn).
      
      Our platform also uses cookies and other automated data collection tools described in Section 3. We use the Business Data collected through such technology as described below.
      
      
   2. Uses of Business Data 
      Smartvid.io uses and discloses Business Data as follows:
      
      
      • To fulfill your requests;
      • To send you information about our products and services, including marketing communications;
      • To respond to your questions, concerns, or customer service inquiries;
      • To analyze market conditions and use of our services;
      • To customize the content and advertising you see on our websites, across the Internet, and elsewhere;
      • To create and use aggregated information for any of the purposes above;
      • To enforce the legal terms that govern our business and online properties;
      • To comply with law and protect rights, safety and property; and
      • For other purposes requested or permitted by our customers or users.
   3. Disclosures of Business Data
      Subject to our contractual obligations, we share the information described above as follows:
      
      
      • For the uses of information described above;
      • As part of a business sale, merger, consolidation, change in control, transfer of substantial assets or reorganization; or
      • For other purposes requested or permitted by our customers or users.
      For those purposes, we may share Business Data with our affiliates and other entities that help us with any of the above.
      
      
   4. Legal Basis for Processing Business Data
      

      The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. To the extent those laws apply, our legal grounds for processing Business Data are as follows:

      
      
      • To honor our contractual commitments to you: Much of our processing of personal data is to meet our contractual obligations to our customers, or to take steps at customers’ request in anticipation of entering into a contract with them.
      • Consent: Where required by law, and in some other cases, we handle personal data on the basis of consent.
      • Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in commercial activities such as the following in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:
      • Customer service
      • Marketing
      • Protecting our customers, personnel and property
      • Analyzing and improving our business
      • Managing legal issues
      • We may also process personal data for the same legitimate interests of our customers and business partners.
      • Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.
      (We process Service Data pursuant to our contracts with our customers and applicable law.)

3. Additional Information About Our Privacy Practices (applicable to both Service Data and Business Data)

   1. Security and Data Retention
      To provide security for Service Data, we maintain physical, organizational and technical safeguards, which are subject to periodic changes. We use different safeguards to help secure Business Data.
      
      If you use third-party software integrated into our service (for example, Autodesk, Procore, Box, or others), your information will be handled by such third party subject to their own privacy and security policies or procedures, which we do not control.
      
      We will hold your information for as long as necessary to fulfill the purposes set forth in this Privacy Policy or as long as we are legally required or permitted to do so. Information may persist in copies made for backup and business continuity purposes for additional time.
      
      
   2. Personal Data Rights and Choices (including Direct Marketing Opt-Out)
      All users can review and update certain user information by logging in to the relevant portions of the Smartvid.io platform. You can unsubscribe from marketing emails by clicking the "unsubscribe" link they contain. Users can deactivate their accounts by contacting us at info@smartvid.io, subject to any contractual provisions between Smartvid.io and the customer responsible for the account. Controls related to cookies and other automated data collection are described in the section below.
      
      Residents of the European Economic Area, Canada, Australia and many other jurisdictions have certain legal rights to obtain confirmation of whether we hold personal data about them, to access personal data we hold about them, and to obtain its correction, update, amendment, or deletion in appropriate circumstances. In limited cases, they have the right to receive information we hold about them in portable form and to have it transmitted to a third party. They also have rights to object to our handling of their personal data, to restrict its processing, and to withdraw any consent they have provided.
      
      For example, individuals have a right to opt out of our processing of Business Data for direct marketing purposes.
      
      To exercise those rights, they may contact us as described at the end of this Privacy Policy. Where we process personal data on behalf of our customer, we may refer the request to the relevant customer and cooperate with their handling of the request, subject to any special contractual arrangement with that customer. For individual user accounts not associated with a customer account, Smartvid.io will handle the request directly.
      
      
   3. Cookies and Automated Data Collection
      In our websites, apps and emails, we and third parties may collect certain information by automated means such as cookies, Web beacons, JavaScript and mobile device functionality. This information may include unique browser identifiers, IP address, browser and operating system information, device identifiers (such as the Apple IDFA or Android Advertising ID), geolocation, other device information, Internet connection information, as well as details about individuals’ interactions with our apps, websites and emails (for example, the URL of the third-party website from which you came, the pages on our website that you visit, and the links you click on in our websites).
      
      We and third parties may use automated means to read or write information on users’ devices, such as in various types of cookies and other browser-based or plugin-based local storage (such as HTML5 storage or Flash-based storage).
      
      Cookies and local storage are files that contain data, such as unique identifiers, that we or a third party may transfer to or read from a user’s device for the purposes described in this Privacy Policy, such as recognizing the device, service provision, record-keeping, analytics and marketing, depending on the context of collection.
      
      You may be able to set your web browser to refuse certain types of cookies, or to alert you when certain types of cookies are being sent. Some browsers offer similar settings for HTML5 local storage, and Flash storage can be managed here. However, if you block or otherwise reject our cookies, local storage, JavaScript or other technologies, certain websites (including our own websites) may not function properly.
      
      These technologies help us (a) keep track of whether you are signed in or have previously signed in so that we can display all the features that are available to you; (b) remember your settings on the pages you visit, so that we can display your preferred content the next time you visit; (c) display personalize content; (d) perform analytics, and measure traffic and usage trends, and better understand the demographics of our users; (e) diagnose and fix technology problems; and (f) otherwise plan for and enhance our business.
      
      Also, in some cases, we facilitate the collection of information by advertising services administered by third parties. The ad services may track users’ online activities over time by collecting information through automated means such as cookies, and they may use this information to show users ads that are tailored to their individual interests or characteristics and/or based on prior visits to certain sites or apps, or other information we or they know, infer or have collected from the users. For example, we and these providers may use different types of cookies, other automated technology, and data (a) to recognize users and their devices; (b) to inform, optimize, and serve ads; and (c) to report on our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services (including how they are related to visits to specific sites or apps).
      
      To learn more about interest-based advertising generally, including how to opt out from the targeting of interest-based ads by some of our current ad service partners, visit aboutads.info/choices or youronlinechoices.eu from each of your browsers and devices.
      
      You can opt out of Google Analytics and customize the Google Display Network ads by visiting the Google Ads Settings page. Google also allows you to install a Google Analytics Opt-out Browser Add-on for your browser.
      
      If you replace, change or upgrade your browser, or delete your cookies, you may need to use these opt-out tools again. We do not respond to browser-based do-not-track signals.
      
      Please visit your mobile device manufacturer's website (or the website for its operating system) for instructions on any additional privacy controls in your mobile operating system, such as privacy settings for device identifiers and geolocation.
      
      
   4. International Data Transfers
      We are based in the United States, and recipients of the data disclosures described in this Privacy Policy are located in the United States and elsewhere in the world, including where privacy laws may not provide as much protection as the country in which you are located. Smartvid.io complies with legal requirements for cross-border data protection, including through the use of European Commission-approved Standard Contractual Clauses and contract language required by the EU-U.S.
      
      
   5. Notification of Changes
      Smartvid.io may change this Privacy Policy to reflect changes in the law, our data handling practices or the features of our business. The updated Privacy Policy will be posted on https://www.smartvid.io/privacy.
      
      
   6. Contact Information
      If you have questions regarding our practices or this Privacy Policy, or to send us requests or complaints relating to personal data, please contact us at info@smartvid.io or as follows:

      UNITED STATES
      Smartvid.io, Inc., 101 Main St., 14th Floor, Cambridge, MA 02142

4. For EU Individuals: Privacy Shield Notice for Personal Data Transfers to the United States

   Smartvid.io complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries transferred to the United States pursuant to Privacy Shield.  Smartvid.io has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/   

   With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Smartvid.io is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.

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

   We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.  To request to limit the use and disclosure of your personal information, please submit a written request to info@smartvid.io.

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

   Smartvid.io’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Smartvid.io remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Smartvid.io proves that it is not responsible for the event giving rise to the damage.

   In compliance with the Privacy Shield Principles, Smartvid.io commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union individuals with Privacy Shield inquiries or complaints should first contact Smartvid.io by email at info@smartvid.io or via post at:

   Smartvid.io, Inc., 101 Main St., 14th Floor, Cambridge, MA 02142

   Smartvid.io has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

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