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Our Terms and Conditions

SmartTrade App Ltd Terms and Conditions Agreement

25th May 2018

 

We have made minor revisions to the Terms and Conditions. By continuing to use our services, you agree to the new Terms and Conditions.

 

Table of Contents

1.Introduction
2. About us
3. The SmartTrade App Service
4. System Requirements
5. Business Conduct
6. Intellectual Property Rights
7. Our Liability
8. Your Liability
9. Termination
10. Revisions to Terms and Conditions
11. Entire Agreement
12. Legal Jurisdiction

 

1. Introduction

Welcome to SmartTrade. We developed our payment and paperwork service (the “Service”) to make it easy for you to get paid, get work and get organised so you can focus on your own product or service.

This page (together with the documents referred to on it) tells you the Terms and Conditions (“T&C”) on which you may use our SmartTrade mobile application (“our App”) and our website www.smarttradeapp.com (“our Site”). No other terms of business will apply to such use. Please read these Terms and Conditions carefully before you start to use our App or our Site. By registering to use our App and/or our Site, you agree that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, your application to register for the Service will be refused.

PLEASE NOTE THAT IN ORDER TO ACCESS AND USE OUR APP AND SITE YOU MUST BE OVER 18 years old or the Minimum legal age in the JURISDICTION from which you are accessing OUR app and/or Site, whichever is the higher

PLEASE ALSO READ THE “OUR LIABILITY” AND “YOUR LIABILITY” SECTIONS OF THESE TERMS AND CONDITIONS.

Should you have any questions or concerns or would simply like to better understand how we do things at SmartTrade, please do not hesitate to contact us

2. About Us

Our App and our Site are operated by SmartTrade App Ltd ("We" or “SmartTrade”).

We are registered in England and Wales under company number 6205886

Our registered office at First Floor, 10-16 Scruton Street, London, EC2A 4RU, United Kingdom.

3. The SmartTrade App Service

We agree to provide you with a service supported by software via our App and our Site to allow you to permit us to communicate your customers’ debit and credit card details to Payment Providers in order for those Payment Providers to provide a payment service to you under their own terms of business (the “Payment Service”), and to manage information in relation to those payments by having the facility to: generate quotes and statements, customise quotes, invoices and instant receipts and export your payment information into Excel for accounting purposes (the “SmartTrade Accounts Management Service”). More details of the SmartTrade Accounts Management Service may from time to time be published on our Site. In these Terms and Conditions, the Payment Service and the Smart Trade Accounts Management Service are together referred to as “the Services”. Prior to being able to use the Services, the details you provide to us upon registration will be checked and verified by Payment Providers, with whom you must also have a separate agreement. For further information on this verification process, please see your agreement with the relevant Payment Providers. We will notify you once your registration has been either approved or deemed ineligible by the relevant Payment Provider(s) for use of the Payment Service.

Either we or the Payment Provider will provide you with the relevant Payment Providers’ terms of business which will govern the terms of the Payment Service: please note that we facilitate the provision of information between you and Payment Providers to assist your management of the Payment Service but we do not provide the Payment Service ourselves and your contract for the Payment Service is directly between you and the relevant Payment Provider on the Payment Provider’s terms of business.

All references in these Terms and Conditions to the Payment Service and to actions which Payment Providers will take assume that the relevant Payment Provider has agreed to provide the Payment Terms to you: this will be subject to their verification of the information you provide to us and to other conditions of their terms of business from time to time. We do not guarantee, even if you have paid fees for the SmartTrade Accounts Management Service, that a Payment Provider will agree to or will continue to provide you with the Payment Service. Your rights to terminate the Services are set out at the section headed Termination below.

Subject to successful registration with SmartTrade and approval by a Payment Provider, the App and Site may be used in accordance with these Terms and Conditions to receive access to the Payment Service provided by Payment Providers for unlimited payment transactions in return for the per-payment fees and custom rates (for payments in any calendar month having an aggregate value in excess of £20,000 or such other amount as may be specified) specified on the Site. Please note that Payment Providers may vary their charges from time to time in accordance with their own terms of business.

Access to the SmartTrade Accounts Management Service (via either our Subscription packages) is subject to payment in arrears of our then current monthly fee or payment in advance of our then current annual fee, each as specified on the Site. Monthly fees must be paid during the month for which the SmartTrade Accounts Management Service is being provided, no later than the last working day of that month. The annual fee must be paid upon registering for the SmartTrade Accounts Management Service for twelve (12) months on our App or Site. Please note that we may increase our fees for the SmartTrade Account Management Service from time to time by giving you not less than 30 days’ notice by email or via the App or Site. Your rights to terminate if you do not wish to accept any such increase are set out at the section headed Termination below.

The Payment Providers pay you for your transactions minus their fees into your designated bank account, typically within 7 working days for card transactions.

A certain amount of your funds may be subject to an additional hold period by the Payment Providers with terms determined by your perceived risk and transaction history. Please consult your agreement with the Payment Providers for further information on their payment terms.

You are responsible for refunds, returns, and liable for customer disputes. Please see “Your Liability” below for further information.

If our third party underlying card acquiring or banking transaction handling fee costs change we have the right to increase our transaction fee and/or subscription charge to cover these additional costs. In the event that we add additional features to any of our Subscription Packages (including within Promotions) we retain the right to charge for these new additional services.

Due to increased processing charges from our underlying card acquirer you will be subject to a 1.50% additional surcharge when charging any customer credit- or debit cards originating from outside the European Union. The surcharge will be added to your transaction rate at the time of the transaction.

Whilst we aim to provide uninterrupted Services, unfortunately we cannot guarantee this. We will use reasonable endeavours to minimise any disruption to the Services (for example, by endeavouring to limit App and Site maintenance activities to non-business hours) and wherever reasonably possible, we will provide advance warning on our Site and App of any known or planned interruptions. Interruptions may also be caused by factors beyond our reasonable control. If circumstances happen that are beyond our reasonable control, we will not be liable for any failure to perform our obligations under these Terms and Conditions because of those circumstances, and we will be excused from that failure for so long as those circumstances continue. Interruptions caused by factors outside our control may include, but are not limited to, failure of our telecommunications or internet service provider, or actions or omissions of Payment Providers.

You shall provide us with accurate information when registering to use our App and/or our Site, including that you are over 18 years old or the legal minimum age in the jurisdiction from which you are accessing our App and/or Site, whichever is the higher.

The Services are only made available to persons or entities that operate a business selling goods and / or services, and they are not made available to persons to accept card payments for personal, family or household purposes. To use the Services for your business, you will first have to register for our App or Site. When you register, we will collect information including your name, business name, location, email address, business identification number and phone number. If you have not already done so, you will also be required to provide an email address and password to access our App and Site. You must also provide information about an owner or principal of the business and you must be authorised to act on behalf of the business and have the authority to bind the business to these Terms and Conditions.

From time to time, we may restrict access to some parts of our Site and App to members who have registered with us.

You must treat your password and any other piece of information that we provide you with as part of our security procedures, as confidential, and you must not disclose it to any third party. We have the right to disable any user password or account, whether chosen by you or allocated by us, at any time and to suspend access to the Services accordingly if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.

You are responsible for making all arrangements necessary for you to have access to our App and our Site. You are also responsible for ensuring that all persons who access the App or our Site through your internet connection are aware of these Terms and Conditions, and that they comply with them.

You acknowledge that the terms of agreement between you and your respective mobile network provider (“Mobile Provider”) will continue to apply when using our App. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise.

If you are not the bill payer for the mobile device being used to access the App, you must receive permission from the bill payer before using the App on the mobile device.

4. System Requirements

In order to use the App and Site, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Minimum Software Requirements”).

The Minimum Software Requirements are as follows: Apple iOS devices running a minimum iOS operating system, that is updated and published on our App Store; and a PC or Mac running Google Chrome.

Use of Internet Explorer is not recommended.

The version of our App may be upgraded from time to time to add support for new functions and services.

5. Business Conduct

You will only accept payments and use the Services for transactions between you and your customers for the bona fide sale of lawful goods or services and related account management activities.

You will not solicit or use your customers’ card details for any purpose other than to process payment for such goods and services.

You will comply with all applicable laws, rules, regulations and orders of governments having jurisdiction in connection with your use of the App, the Site and the Services.

6. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in and to our App, our Site and the SmartTrade Accounts Management Service, and in the material published on the App and the Site. These works are protected by copyright and trade mark laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as owners of our App or our Site must always be acknowledged.

You must not use any part of the materials on our App or our Site for commercial purposes without obtaining written consent from us or our licensors.

If you print off, copy or download any part of our App or our Site in breach of these Terms and Conditions, your right to use our App and our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You will not, nor allow third parties on your behalf to:

- Make and distribute copies of the App or the Site;
- Attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App or the Site or any underlying software which is used to operate the App or the Site; or
- Create derivative works of the App or the Site, or of any underlying software which is used to operate the App or the Site, of any kind whatsoever.

7. Our Liability

Subject to the below paragraphs, our maximum responsibility and liability to you (including in negligence) in relation to these Terms and Conditions will be limited to paying you an amount equal to the total amount of fees you paid to us in the 6 months prior to the incident for which we are responsible.

We will not be responsible for any of the following:

- Loss or damage which we could not have reasonably known about at the time you registered for the Services (sometimes called indirect, consequential, incidental or special damage);
- Loss or damage you suffer as a result of us or any Payment Provider not providing any Services or making the App or the Site available because of something beyond our control;
- Loss or damage caused by the acts or omissions of any third parties;
- Loss or damage caused by any action or omission of any Payment Provider.
- Loss or damage you suffer which arise from you using the Services other than as described on our Site, the App or in these Terms and Conditions, including without limitation if we actually knew or should have known about the possibility you could experience such loss.

This does not limit our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under the applicable law.

8. Your Liability

You shall indemnify and keep indemnified and hold harmless SmartTrade from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by SmartTrade as a result of or in connection with any action, demand or claim arising out of or relating to your breach of any provision of (i) these Terms and Conditions and/or your use of the Services, the App and/or the Site; and (ii) the terms of your agreement with any Payment Provider.

We process information about you in accordance with our Privacy Policy (please see separately on our web-site), with a revised Policy, posted on 25th May 2018, to encompass EU GDPR conditions. By using our App and/or our Site, you consent to such processing and you warrant that all data provided by you is accurate.

You must not misuse our App and/or our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App and/or our Site, the server on which our App and/or our Site is stored or any server, computer or database connected to our App and/or our Site. You must not attack our App and/or our Site via any denial-of-service attack or any distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App and/or our Site will cease immediately without notice.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile device, computer equipment, mobile device and/or computer programs, data or other proprietary material due to your use of our App and/or our Site or to your downloading of any material posted on them, or on any website linked to them.

You may link to our App and/or home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to remove any link you may make to our App and/or Site at our sole and absolute discretion.

You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms and Conditions.

If you wish to make any use of material on our App and/or our Site other than as expressly set out above, please address your request to support@smarttradeapp.com.

You may use our App and/or our Site only for lawful purposes. You may not use our App and/or our Site:

- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors or any other person in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree not to access without authority, interfere with, damage or disrupt:

- Any part of our App and/or our Site;
- Any equipment or network on which our App and/or our Site is stored;
- Any software used in the provision of our App and/or our Site; or
- Any equipment or network or software owned or used by any third party.

If you conduct any of these businesses. Therefore you are confirming that you will not use the Service to accept payments in connection with the following businesses, business activities or business practices: (1) door-to-door sales, (2) offering substantial rebates or special incentives to the Cardholder subsequent to the original purchase, (3) negative response marketing, (4) engaging in deceptive marketing practices, (5) sharing Cardholder’s data with another merchant for payment of up-sell or cross-sell product or service, (6) evading Card Network’s chargeback monitoring programs, (7) engaging in any form of licensed or unlicensed aggregation or factoring, (8) airlines, (9) age verification, (10) age restricted products or services, (11) bail bonds, (12) bankruptcy lawyers, (13) bidding fee auctions, (14) collection agencies, (15) chain letters, (16) cheque cashing, wire transfers or money orders, (17) counterfeit goods, (18) currency exchanges or dealers, (19) embassies, foreign consulates or other foreign governments, (20) firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counseling, repair or protection or real estate purchases with no money down, (21) credit card and identity theft protection, (22) cruise lines, (23) essay mills, (24) flea markets, (25) drug paraphernalia, (26) extended warranties, (27) fortune tellers, (28) “get rich quick” schemes; (29) gambling (including but not limited to lotteries, Internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services), (30) sports forecasting or odds making, (31) illegal products or services, (32) mail-order brides, (33) marijuana dispensaries and related businesses, (34) money transmitters or money service businesses, (35) multi-level marketing or pyramid schemes, (36) online or other non-face-to-face pharmacies or pharmacy referral services, (37) prepaid phone cards, phone services or mobile phones, (38) pseudo pharmaceuticals, (39) quasi-cash or stored value, (40) securities brokers, (41) sexually-oriented or pornographic products or services, (42) shipping or forwarding brokers, (43) substances designed to mimic illegal drugs, (44) telemarketing, (45) telecommunications equipment and telephone sales, (46) timeshares, (47) travel agencies or travel clubs, (48) online or other non-face-to-face tobacco or e-cigarette sales, (49) weapons and munitions (50) virtual currency that can be monetised, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world, (51) personal computer technical support, (52) selling video game or virtual world credits (unless you are the operator of the video game or virtual world), (53) selling social media activity, such as Twitter followers, Facebook likes or Youtube views, (54) human hair, fake hair or hair-extensions, (55) any product or service that infringes upon the copyright, trademark or trade secrets of any third party, or (56) any product, service or activity that is deceptive, unfair, predatory or prohibited by one or more Card Networks.By accepting this Agreement you confirm that you satisfy these requirements and will continue to do so in connection with your use of the Service.

9. Termination

The Terms and Conditions are effective upon the date you agree to them as evidenced by your registration for the Service and continue so long as you use the Services or until terminated by you or SmartTrade in accordance with the following section.

You may terminate your agreement with us by closing your SmartTrade account at any time by following the instructions on our App or Site. You may stop your subscription by downgrading your SmartTrade account by going online to cancel your automatic monthly or annual subscription in the ‘My account’ settings section and select ‘Downgrade’, so that you are not renewed. We’ve had merchants ask for refunds on their subscriptions as they haven’t used the app, we still have to support the cost of the service and our customer support so we aren’t able to do that. Subject to the following paragraph, we may terminate our agreement with you and close your SmartTrade account for any reason effective upon providing you two (2) months’ prior notice at any time.

If you are a Subscribed user, notice to terminate given by us to you will be deemed to expire at the end of the month in which such notice actually expires but if you have received two (2) months’ notice of termination from us you may close your SmartTrade account before expiry of that notice, by following the instructions on our App or Site. Note that if you are paying monthly fees, you will not receive a refund for the month in which the agreement terminates. If you have paid an annual fee in advance, you will receive a refund of the fee calculated on a pro-rata basis for every full month following termination. We will issue such a refund within forty-five (45) days of termination.

We may suspend your access to the Services or any part of them, or terminate our agreement with you immediately upon notice to you, if we determine in our sole discretion that there has been a breach of these Terms and Conditions or upon request of a Payment Provider, or if any other provision of these Terms and Conditions permits us to do so. Note that if you are paying monthly fees you will not receive a refund for the month in which the agreement terminates. If you have paid an annual fee, any refund in these circumstances will be at our sole discretion.

Our agreement with you on these Terms and Conditions will automatically and immediately end if you become bankrupt or your business is not able to pay its debts, stops trading or becomes insolvent. In those circumstances we shall have no further obligation to you under the Terms and Conditions.

10. Revisions to Terms and Conditions

We may revise these Terms and Conditions at any time. Any changes we make to our Terms and Conditions will be posted on our Site and, where appropriate, notified to you by e-mail or other appropriate means. You are expected to check our Site from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our App and/or our Site.

11. Entire Agreement

The Terms and Conditions and other policies posted on our App and/or our Site constitute the entire agreement between us and you and supersede any prior agreement.

If we do not enforce any of these terms, we are not waiving our rights to do so later.

We may assign this agreement in our sole discretion.

12. Legal Jurisdiction

The English courts will have exclusive jurisdiction over any claim arising from, or related to, our App and/or our Site and these Terms and Conditions.

These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

SmartTrade App Ltd Privacy Policy

25th May 2018

We have made revisions to our Privacy Policy, effective 25th May 2018, in response to EU Global Data Protection Regulations (“EU GDPR”). By continuing to use our services, you agree to the new Privacy Policy.

Table of Contents

1. Applicability of the Privacy Policy
2. Personal Data: Type and Purpose of Collected Data
3. Disclosure of The Collected Data
4. Data Deletion and Retain Period
5. Data Security and Limitation
6. Data Protection Officer
7. User’s Rights
8. Changes to This Privacy Policy
9. Cookie Notice
10. Contact Information

 

1. Applicability of the Privacy Policy

Your privacy is very important to us and we have put in place measures to ensure that any personal information we obtain from you is processed in accordance with the EU’s General Data Protection Regulation (GDPR) which takes effect on 25 May 2018. The GDPR promotes fairness and transparency for all individuals in respect of their personal data.

Where the words “SmartTrade App”, “we”, “us” or “our” are used in this document, they are all references to SmartTrade App Ltd.

This privacy policy applies to all data we process, and by using Smarttrade App Ltd you consent to our collection and use of such data. If you would like to get in touch about anything in this policy or about your personal data, then please contact our Data Protection Officer at: dpo@smarttradeapp.com

2. Personal Data: Type and Purpose of Collected Data

Type of Collected Data:

As a Data Controller we collect a variety of data in order to deliver our services.

Personal Data means any information relating to an identified or identifiable natural person. We collect, process, or use the following personal data, if you provide it to us:

- email
- first name
- last name
- phone no
- address,
- business name
- company web-site
- company email

We may also use other data that you have provided while contacting us, especially using the contact, download, or signup forms on our app or website, data that you have sent to us through an online survey, support ticket, or job application.

We also collect data sent by your web browser, e.g., information about your browser, your IP address, and your operating system. For marketing purposes and to improve our websites and services.

Please note that our products are not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen.

 

Purpose of the Data Collection:

We collect and processes your personal data in order to:

- provide you with the services that you seek from our app and website;
- improve our website and services;
- ensure the security of our websites.

In particular, we use this data to:

- set up user account,
- provide account access,
- provide SmartTrade app and web-site services, directly and with support of third parties (see article 3 - Third Parties below)
- If you call or send us an enquiry or details via email or another method, we will use your details to respond to any request or comment you have and request feed-back.
- For delivering important system, account, product and regulatory related information to the user we will apply legitimate interest arguments. Beyond these purposes, we process your data only if you have granted express consent for its stated purposes (e.g. to send occasional direct marketing like newsletters etc.).
- When you visit our websites, our system automatically collects information about your visit, such as your browser type, your IP address, and the referring website. This collection may be done in conjunction with our vendors and other third parties (see article 3 - Third Parties below). We may receive from them general demographic or usage data of our site visitors.
- We do not use automatically collected information to identify you personally without collecting additional consent. Such information is typically collected using web cookies, web or email pixels (also known as beacons), embedded hyperlinks, and similar tools. Popular browsers can generally be set to disable or delete individual cookies. See below for the types of cookies we use and their respective purposes (article 9 - Cookies below).

3. Disclosure of The Collected Data

Mandatory Data Disclosure:

We may disclose your personal information if required by law, regulation, or other legal subpoena or warrant.

We may also disclose your personal information to a regulatory or law enforcement agency if we believe it to be necessary to protect the rights, property, or personal safety of its customers or any third party.

Third Parties Recipients:

We do not sell or rent your personal information to third-parties. We do not share your personal information, except as provided in this Privacy Policy. We use third-party data processors to process personal data on our behalf. Such service providers support us in processing payments, hosting and operating the websites, marketing, analytics, improving the websites, and sending email newsletters. In all such circumstances, we will use reasonable efforts to ensure the minimum personal information is shared and the parties with which the data is shared are subject to an agreement that obliges them to process your personal information on our instruction and with appropriate confidentiality and security measures.

Where you are using the system to make payments, we may share your information with the party you wish to receive funds, and any partner organisation which is facilitating the transaction.

Where you are using the system to receive payments, we may share your information with each person wishing to make payments to you, and any partner organisation which are facilitating the transaction.

We share personal data with the following third parties:

- Stripe (Card processing)
- Couchbase (Database)
- Linode (Servers)
- Amazon Web Services (Cloud Computing services)
- MailChimp (Email management)
- Zendesk (Customer service management)
- Mixpanel (Mobile and web analytics)
- Google Apps for Business (e.g. Google Analytics, Google Tag Manager)
- Pipedrive (Customer relationship management)
- HubSpot (Customer relationship management)
- Yesware (Email tracking)
- Branch.io (Deep linking and analytics)
- Olark (User chat line)
- SMS Broadcast (Text messages to users)

International Operations and Transfers Out of the EEA:

Please note that when you use our products, your data may be sent to the United States and possibly other countries. We store data about our visitors on servers located in London, and we may also store this data on servers and equipment in other countries.

We may transfer personal data to a country outside of the European Economic Area (EEA), for example if a third party we share data with has servers located outside of the EEA. If this is the case, we will obtain your consent or otherwise ensure that the transfer is legal (e.g. US companies adhering to EU-US Privacy Shield) and your data is secure by following the EU guidelines.

We employ appropriate mechanisms for cross-border transfers of personal data, as required by applicable local law. We comply with the EU’s General Data Protection Regulation (GDPR) which takes effect on 25 May 2018

Corporate Events

In the event that we sell or buy any business or assets, in which case, we may disclose your personal data to the prospective buyer or seller of such business or assets.

If SmartTrade App Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

4. Data Deletion and Retain Period

You can delete your online account at any time. This will erase any personal information in your account that we have about you. And it will mean any data about how you’ve used the online account will be made anonymous.

Deleting your online account won’t delete any data you’ve shared with us for reasons that aren’t connected with your online account.

If you wish us to erase your data which is unconnected with your online account, please contact us as described below and we will deal with your request as necessary under applicable law.

You can stop receiving promotional email messages from us by following the opt-out or unsubscribe instructions provided in any such message you receive.

We will retain Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

5. Data Security and Limitation

We keep your data secure: by following internal policies of best practice and training for staff; by encrypting personal data; by using Secure Socket Layer (SSL) technology when information is submitted to us online; and using servers compliant with GDPR.

We implement commercially reasonable technical and organisational measures to protect your personal data against abuse and loss. We store such data in secure environments. While we use all reasonable efforts to protect your personal information, we cannot guarantee the absolute security of your data submitted through our app and websites.

Please note that our websites may also include social media features which are provided by third-party social media platforms. Where data is collected this way, its processing is governed by the privacy policy of the respective social media platforms. Our content may link to third party websites to provide relevant references.

We are not responsible for such external content, which may contain separate privacy policies and data processing disclosures.

In the unlikely event of a criminal breach of our security we will inform the relevant regulatory body within 72 hours and, if your personal data were involved in the breach, we shall also inform you.

Please note that no user shall have any claim for innocent or negligent misrepresentation based upon any statement in this Privacy Policy.

6. Data Protection Officer

To communicate with our Data Protection Officer, please contact our Data Protection Officer at: dpo@smarttradeapp.com. Please note that we are the Controller of customer data.

To communicate with the Data Protection Authority covering us with its jurisdiction, please contact The Information Commissioner’s Office at https://ico.org.uk.

7. User’s Rights

Information Request

Upon request, our Data Protection Officer will provide you with information as to whether and what personal data we store in relation to you. Should your personal data be incorrect, you may have it rectified.

In particular, you have:

- the right to be informed about the collection and use of your personal data;
- the right of access to your personal data and any supplementary information;
- the right to block or of suppressing the processing of your personal data;
- the right to move, copy or transfer your personal data from one IT environment to another;
- the right to object to processing of your personal data in certain circumstances;
- rights related to automated decision-making (i.e. where no humans are involved) and profiling (i.e. where certain personal data is processed to evaluate an individual).

Consent Revocation and Deletion Request

Where you have provided consent for our processing of your personal data, you may withdraw that consent at any time by contacting us as described below.

You may also revoke your consent to use your personal data in the future, in whole or in parts, or request deletion of your personal data.

Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information

We will cease processing your personal data as soon as reasonably practicable following our receipt of your withdrawal.

Right to Complaint

If you consider that we have processed personal data in violation of applicable law, please contact us as described below.

If you consider that we have processed personal data in violation of applicable law and failed to remedy such violation to your reasonable satisfaction, you may also lodge a complaint with a supervisory authority (see article 6 above).

Rights of European Union Citizens

If you are a resident of the European Economic Area and believe we do not maintain your Personal Data within the scope of the General Data Protection Regulation (GDPR), you may direct questions or complaints to our lead supervisory authority (see article 6 above).

Communication on Data Rights

A Data Request form is available to action any User Data rights and should be requested from the Data Protection Officer via dpo@ smarttradeapp.com.

8. Changes to This Privacy Policy

We may change our Website Privacy Notice if we consider it is appropriate to do so. If we make changes, we will post the changes to this page.

If we make changes that materially alter your privacy rights, we will provide additional notice, such as via email.

If you disagree with the changes to any new Privacy Policy, you should deactivate your account. Please contact our Data Protection Officer at: dpo@smarttradeapp.com if you wish to request the removal of your Personal Data.

9. Cookie Notice

When you visit our website or our app, we and our service providers acting on our behalf automatically collect certain data using tracking technologies like cookies. This notice describes what tracking technologies we use and what we use them for.

A cookie is a piece of data contained in a very small text file that is stored in your browser or elsewhere on your hard drive. Cookies allow us to identify your device as you navigate through our publicly-accessible website. We also use them to recognize return visitors to our site.

We use both session and persistent cookies. Session cookies are cookies that disappear from your computer or browser when you turn off your computer. Persistent cookies stay on your computer even after you’ve turned it off.

You can turn off your web browser’s ability to accept cookies. But, if you do that, certain parts of our products may not work for you.

We do not use automatically collected information to identify you personally without collecting additional consent. Such information is typically collected using web cookies, web or email pixels (also known as beacons), embedded hyperlinks, and similar tools.

Popular browsers can generally be set to disable or delete individual cookies. See Browser help section or visit About Cookies web-site for guidance.

Required Cookies are those which enable the navigation and basic functionality of the websites, e.g., access to protected areas of the websites.

Functional Cookies are those which allow us to analyze your website usage and your selections on the website (e.g. your login name, language, or region), so we can save these settings and offer you a more personalized experience.

Advertising Cookies: allow us to better assess the effectiveness of our content marketing and advertising efforts. These cookies are provided by our third-party partners to analyze and track site visit and signups stemming from advertising.

We do not share your personal information (such as name or email) to third party providers outside of site visit data collected directly by such Advertising Cookies, though your site visit data may be linked with other personal information collected elsewhere by such third-party providers. Such external data processing is governed by the privacy policies of these third-party providers.

The list of cookie types that we use along their description is as follow:

SmartTrade App Ltd (Required Cookies)
Our website stores various cookies that are required for the navigation and usage of the websites.

Opt-out: You can configure your browser to disable these Required Cookies. This may reduce site functionality.

Google Analytics (Functional Cookies)
Our website uses Google Analytics, a web analysis service of Google, Inc. (“Google”). Learn more from their Terms of Service and Privacy Policy.
Opt-out: Download the browser plugin “Google Analytics Opt-out Browser Add-on”.

Google Tag Manager (Functional Cookies)
Our website uses Google Tag Manager, a web-site tag management service of Google, Inc. (“Google”). Learn more from their Terms of Service and Privacy Policy.

Optimizely (Functional Cookies)
Our web-site use Optimizely for optimizing digital products, commerce and marketing campaigns.
Opt-out: https://www.optimizely.com/legal/opt-out/

Olark (Functional Cookies)
Our web-site use Olark for providing a live chat support line for customers. See Privacy Policy (https://www.olark.com/privacy-policy)

Branch.io (Functional Cookies)
Our web-site use Branch.io for assessing marketing effectiveness for mobile downloads and for tracking sign ups as part of our referral programme.
Opt-out: https://app.link/optout

Hubspot (Functional Cookies)
Our web-site may use Hubspot for lead generation on users (i.e. company name) visiting the web-site, however, this cookie for tracking visitors is currently de-activated.

Mixpanel (Functional Cookies)
Our web-site use Mixpanel for providing information on how our users interact with the web-site.
Opt-out: Contact our data protection officer to request a specific opt-out of tracking.

Facebook (Advertising Cookies)
Our web-site use Facebook to track behaviour from people clicking on social media advertisements to map out attribution for associated advertisements.
Opt-out: For Facebook and others http://www.youronlinechoices.com/uk/your-ad-choices

(Advertising Cookies)Google AdWords
Our website uses Google AdWords Conversion Tracking cookie to measure and optimize the performance and user experience related to our ads in Google Search or selected Google Display Network sites. Learn more about Google’s privacy policy on their web-site,
Opt-out: Visiting Google’s Ads Settings.

(Advertising Cookies)Google Remarketing
These technologies enables that users who have visited our web-sites can be re-addressed through targeted advertising on other web-sites of the Google Partner Network. Learn more about Google’s privacy policy on their web-site,
Opt-out: Visiting https://www.google.co.uk/settings/ads/onweb and choose the function “Disable interest-based ads on Google”

Our web-site is currently being re-designed and on launch will allow the visitor to explicitly opt-out of cookies.

10. Contact Information

We are Smarttrade App Ltd, a limited liability company registered in England and Wales with company registration number (06205886)

Our address is First Floor, 10-16 Scrutton Street, London, EC2A 4RU, England.

You can contact our Data Protection Officer by emailing: dpo@smarttradeapp.com.