Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information from you, we will identify the purposes for which information is being collected.
We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by commercially reasonable security measures, including physical, administrative, and technical safeguards, to protect your personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

1. COLLECTION AND USE OF INFORMATION

SmartAC.com collects information that enables us to operate the services we provide to you. In connection with certain aspects of the website or the mobile application (in each case, the “Site”), we may request and collect certain personal information to obtain our products or use our services. Personal information may be collected when you register or submit information on the Site or make purchases through the Site. Non-personally identifiable information, that is about you but individually does not identify you, may be collected, including but not limited to: Site usage, IP address, referral URL, the used browser, as well as operating system. Below are some examples of the type of information we collect and how we may use it.

This Policy applies to personal information SmartAC.com collects through its websites, mobile applications, connected hardware, communications, and interactions with Contractors and homeowners. It does not replace a Contractor’s privacy notice. Where SmartAC.com processes personal information on behalf of a Contractor or business customer as a service provider or processor, SmartAC.com processes that information as directed by the applicable contract and law, and that customer is responsible for its notices and instructions.

2. PERSONAL INFORMATION YOU PROVIDE

When you create an account on the Site, make purchases with us, join a subscription program, share product reviews, request support, and/or sign up to receive offers or email, we collect the information that you provide to us, such as (1) your name, birthdate, email address, street address, city, state, zip code; (2) the user name and password that you use to register an account on the Site; (3) financial information for payment processing purposes; and (4) comments, reviews, suggestions and/or other such additional information that you may provide during onboarding or required in the app to provide customized insights about your system performance. You acknowledge that this information may be personal to you, and by creating an account on the Site and providing personal information to us, you allow us to identify you. We may use your contact information to send you information about our services in connection with your use of the Site and our products and services. You may unsubscribe from receiving such messages at any time by contacting SmartAC.com or through your account settings on the Site.

3. INFORMATION COLLECTED AUTOMATICALLY

Our Site automatically collects some information from your web browser when you interact with the Site, including your IP address or other unique identifier for the computer, mobile device, tablet or other device you use to access Site, including the mobile network information. This information is used to facilitate collection of data concerning users’ interaction with the Site, such as the number and frequency of visitors to the Site, which helps us analyze and make improvements to the Site by making it more responsive to the needs and preferences of users. This information does not identify you personally. We may also receive information that your mobile device sends when you use our Site, such as a device identifier or OS. Depending on your configuration of our services and content, location information about users may be shared with us. You can disable location sharing using the location-setting features on your mobile device.

4. INFORMATION PROVIDED BY THIRD PARTIES

Through our partnerships, we may receive additional information about you from third-party service providers to supplement the information you provide directly to us, such as your name, email address, street address, city, state, zip code. This enables us to create your account and provide more relevant information about SmartAC.com and our products and services.

5. OTHER DATA WE COLLECT

We collect and process different types of data (described below) when you deploy our hardware and software in order to fulfill our contractual and legal obligations and operate our business, improve our products and services, or fulfill other legitimate interests. Below are the categories of data collected and the purposes for which we use this data: In addition to the data described above, SmartAC.com may collect identifiers and contact details; account credentials; commercial and transaction information; approximate location information if enabled; internet, network, device, and usage information; HVAC and connected-device information and performance data; communications and support records; inferences; and limited payment information handled by payment processors. We collect information from you, your devices and interactions, Contractors and other business customers, service providers, payment processors, and publicly available or permitted third-party sources.

Usage data is data about your environment, your configuration of the products and services, and your individual settings related to your use of our products and services. This may include information and related metadata about your network and configurations, your air conditioning and/or heating system, required maintenance, feature utilizations and frequencies, page loads and views, errors, and number of active users.
Support usage data is Usage Data that offers you accelerated troubleshooting, notices of patches/upgrades, tips to optimize usage, security, configurations and/or performance, and suggestions about other products or services that may be of interest to you. The information may be personally identifiable so that we can help address your specific issue and personalize your experience. From time to time, we may also use the information to analyze usage trends, such as performance issues, configurations, hardware failures, or air conditioning and/or heating system preferences and settings to develop and prioritize product enhancements (e.g., bug fixes or new features).

6. HOW WE USE PERSONAL INFORMATION

We use the data and information described above to fulfill our contractual obligations in providing the services to you and to fulfill our legitimate interest in supporting and enhancing them. For example, we may use this data and Information to:

Troubleshoot issues, provide support, and update our products and services.
Provide guidance to help you optimize your configurations, and use of our products and services.
Better understand how our users use and configure our products and services.
We may share personal informationShare with other companies under common ownership or control with SmartAC.com to provide, administer, secure, support, analyze, and improve the Site and Services and to conduct internal business operations consistent with this Privacy Policy.
Determine which configurations or practices optimize performance (e.g., best practices).
Benchmark key performance indicators ("KPIs").
Recommend enhancements.
Perform data analysis.
Identify, understand, and anticipate performance issues and the factors that affect them.
Identify product security issues that may affect you and inform you of them.
Improve and develop new features and functionality.
Monitor the health, performance, and security of our products and services.
Advertise and market to you, which includes sending promotional communications, targeted advertising, and presenting you with relevant offers.
Process orders and complete transactions.

We may also use personal information to monitor equipment and deliver alerts; enable the Contractor associated with your equipment or account to provide services; process transactions; communicate with you; comply with law; and protect rights, safety, and property. SmartAC.com may use automated systems, including artificial-intelligence models, to generate equipment-health alerts, recommendations, and predictions. These outputs are informational tools and are not decisions that produce legal or similarly significant effects about an individual.

7. COOKIES AND OTHER TECHNOLOGIES

We may use cookies, web beacons, pixel tags, mobile analytics software, log files, or other technologies to collect certain information about your online activity, and interactions with our emails, online and mobile advertisements, and to allow us to keep track of analytics and certain statistical information which enables SmartAC.com to improve our services and provide you with more relevant content and advertising offered by SmartAC.com, or through or linked from our services. You may, however, disallow receiving cookies at any time through your web browser. It is not our intention to use cookies to retrieve information that is unrelated to our Site or your interaction with our Site. Where required by law, SmartAC.com will obtain and record consent before using non-essential tracking technologies and provide a way to withdraw consent. SmartAC.com will maintain records of consent and withdrawal sufficient to demonstrate compliance with applicable law. If SmartAC.com sells or shares personal information, or processes personal information for targeted advertising, as those terms are defined by applicable law, SmartAC.com will provide a conspicuous and functional “Your Privacy Choices” link at [WEBSITE] that enables users to opt out of such sale, sharing, or targeted-advertising processing, and will honor valid opt-out preference signals, including Global Privacy Control, as required by applicable law.

8. FINANCIAL INFORMATION

We use third party processors to collect payment information (such as a valid credit card number, type, expiration date or other financial information) to process payments for customer transactions. This information is required to be submitted as part of our checkout process. We do not store or have access to any of this financial information. It is submitted directly to our third-party payment processing company (the "Payment Processor"), which uses it to process your payment. The use and storage of that information is governed by the Payment Processor's applicable terms of service and privacy policy.

9. THIRD PARTY USE OF INFORMATION

We will not disclose your Personal Information to third parties for any purpose without your consent unless for the following limited purposes: Third Parties Providing Services on Our Behalf: We may share information with third party service providers, such as the Payment Processor, who perform services and functions on our behalf to support our business or our interactions with you. These third party service providers may assist with things like the technical operation of our Site, provide analytics, process orders, transactions and payments, provide customer service or provide home-based services such as product installation or equipment tune-ups.

We require each third party service provider that receives or processes your personal information to use it only to provide the contracted services and for no other purpose; keep it confidential and ensure personnel with access are bound by confidentiality obligations; implement and maintain appropriate administrative, technical, and physical safeguards to protect it; promptly notify SmartAC.com of any actual or suspected unauthorized access, use, disclosure, loss, or security incident involving it and reasonably cooperate with SmartAC.com in investigating, containing, remediating, and providing any required notices regarding the incident; reasonably assist SmartAC.com in responding to verified requests from individuals to exercise applicable privacy rights, including requests to access, correct, delete, or obtain a portable copy of it; and comply with applicable privacy and data-protection laws.

We may also disclose personal information to the Contractor associated with the equipment or account and its authorized personnel so that it may support, diagnose, maintain, market relevant services to, or communicate with the homeowner, as permitted by applicable law and agreements. Each Contractor that receives or processes personal information must use it only to provide the contracted services and for no other purpose; keep it confidential and ensure personnel with access are bound by confidentiality obligations; implement and maintain appropriate administrative, technical, and physical safeguards to protect it; promptly notify SmartAC.com of any actual or suspected unauthorized access, use, disclosure, loss, or security incident involving it and reasonably cooperate with SmartAC.com in investigating, containing, remediating, and providing any required notices regarding the incident; reasonably assist SmartAC.com in responding to verified requests from individuals to exercise applicable privacy rights, including requests to access, correct, delete, or obtain a portable copy of it; and comply with applicable privacy and data-protection laws. The Contractor’s handling of personal information is also governed by its own privacy practices and agreement with the homeowner.

Your Consent to Have Your Personal Information Shared:

In connection with your use of the Site, you may be asked to opt-in to receive informational or marketing offers, or to otherwise consent to the sharing of your information with a third party, including social networking sites such as Facebook, Instagram, or Twitter. If you agree to have your Personal Information shared with a third party, your Personal Information will be disclosed to the third party and will be subject to the privacy policy and business practices of that third party.

Legal Disclosure:

We may transfer and disclose information, including your Personal Information, usage information and device identifier, (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our agreements, terms of use or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our Site or the public.

Aggregated or De-Identified Data:

We may also share data about our customers with third parties if the data has been de-identified or aggregated in a way so it cannot be used to identify you (i.e., data that is not associated with/linked to an identifiable individual). We may use aggregated or de-identified data for any lawful business purpose (including, without limitation, to develop and improve the products or services and to create and distribute reports and other materials). Once such data has been aggregated and/or de-identified so that it is no longer considered personal information under applicable data protection law, this Privacy Policy does not apply.

SmartAC.com may create, use, disclose, and retain aggregated and de-identified information for lawful business purposes, including analytics, benchmarking, product development, and training, testing, and improving algorithms and artificial-intelligence models. SmartAC.com will maintain such information in de-identified form and will not attempt to reidentify it except as permitted by applicable law to test de-identification safeguards.

10. CHILDREN'S PRIVACY

The Site and Services are not directed to children under 13, and SmartAC.com does not knowingly collect personal information from children under 13 without verifiable parental consent. If SmartAC.com learns that it has collected personal information from child under 13 without the required consent, it will delete that information as required by law. If you believe a child has provided personal information to SmartAC.com, contact us at support@smartac.com. Persons under the age of majority may use the Services only with the involvement and consent of a parent or legal guardian, to the extent required by applicable law.

11. YOUR RIGHTS

Depending on where you are located and how you interact with the Site, you may have certain legal rights over the personal information we collect, subject to local privacy laws. These may include the right, depending on your state or jurisdiction, to request access to your personal information or correction, deletion, or transfer of your personal information, or to object to or restrict us from using it for certain purposes.

Within the SmartAC.com app, you may:

request a copy of your personal information collected by us in the past 12 months in a portable format.
opt out of marketing emails.
update your account information; and
request that your Personal Information be erased or deleted in connection with your account closure.

If you would like to exercise these rights, but do not have a registered account with us, please contact us as set forth at the end of this Privacy Policy and include a description of the nature of your request and the personal information at issue (if applicable). Even if you request for your personal information to be deleted, certain aspects may be retained by us, for example: to meet our legal or regulatory compliance needs (e.g. maintaining records of transactions you have made with us); to exercise, establish or defend legal claims; when it’s still necessary to process the personal information for the purpose we collected it; and to protect against fraudulent or abusive activity on the Site.

In addition to the rights set forth above, to the extent provided under the applicable laws in your state or jurisdiction, Canadian residents and residents of California, Connecticut, Montana, Nevada, Texas, Utah, and Virginia (or such other applicable state or jurisdiction affording such rights) may exercise the right to:

request information regarding your personal information we have collected in the past 12 months (including the categories of personal information we have collected, the specific personal information we have collected, the categories of sources of such information, and the purposes for which we have collected such information);
inquire whether we have disclosed your personal information to third parties in the past 12 months (and if so, what categories of information we have disclosed, and what categories of third parties we have disclosed it to);
request correction or update of your personal information;
appeal any decision or indecision related to the exercise of any right you are granted under any applicable data protection law; or
exercise any other rights you have under applicable laws.

To the extent applicable, if you would like to exercise these rights, please contact us as set forth at the end of this Privacy Policy and include a description of the nature of your request and the personal information at issue (if applicable). For any rights exercised outside of the Site, we will verify your identity before we comply with your request and ask for your cooperation with our identity verification process. This verification process may require you to provide certain information, which will solely be used for verification purposes. If you are an authorized agent making a request on behalf of an individual, you will need to provide proof of your authorization to act on their behalf, and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent. Upon verifying your identity, we will respond within 45 days of receipt of your request, or if reasonably necessary, within 90 days, unless applicable law requires a shorter timeline in which case we will comply with applicable law. In the event SmartAC.com declines to take action on your request, we will inform you (via our response to your request) of your right to appeal the decisions with instructions for how to submit your appeal. We will not discriminate against you if you choose to exercise any of these rights. SmartAC.com does not sell personal information for money. Whether SmartAC.com "shares" personal information for cross-context behavioral advertising, or processes personal information for targeted advertising, depends on the cookies, pixels, SDKs, advertising partners, and settings actually used on the Site and Services. Before publishing this Policy, SmartAC.com must complete the privacy implementation items identified in this Policy and configure the required opt-out mechanism if it sells, shares, or processes personal information for targeted advertising. SmartAC.com may disclose personal information to service providers, contractors, qualified partners, affiliates, and other recipients as described in this Policy for business purposes.

SmartAC.com maintains procedures to authenticate, fulfill, document, and respond to privacy-rights requests within the timelines required by applicable law.

California and Other U.S. State Privacy Rights.

Subject to applicable law and verification, residents of California and other jurisdictions may request to know or access, correct, delete, obtain a portable copy of, and opt out of the sale or sharing of personal information or processing for targeted advertising. They may limit certain uses and disclosures of sensitive personal information if applicable. SmartAC.com will not discriminate against an individual for exercising a privacy right. Submit a request by emailing, support@smartac.com, or 1-(833) 762-7822. Authorized agents may submit requests. SmartAC.com will respond within applicable legal timelines. If SmartAC.com denies a request, an individual may appeal by replying to the denial email with “Privacy Appeal” in the subject line or using [PRIVACY APPEAL URL]; SmartAC.com will respond within the period required by law.

12. SPECIAL NOTE TO CALIFORNIA RESIDENTS

California law entitles residents to ask us for a notice describing what categories of personal information we share with third parties or with corporate affiliates for those entities direct marketing purposes. SmartAC.com does not provide any personal information to third parties for their own direct marketing purposes. If you want to request a notice or have any questions about SmartAC.com privacy practices, please contact us. In addition, if you are a California resident under the age of 18 and are a registered user, you may request us to remove content or information posted on our websites or stored on our servers by (a) submitting a request in writing to support@smartac.com and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that the minor cannot be individually identified; (iv) the minor does not follow the instructions posted in this Policy on how to request removal of such content or information; and (v) the minor has received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain such content or information.

13. LINKS TO THIRD PARTY WEBSITES

The Site may contain links to other sites as a convenient method of accessing information that may be useful or of interest to you. This Privacy Policy and the practices that we follow under this Privacy Policy do not apply to the websites of any third party. We are not responsible for the content, accuracy, or opinions expressed on any third party website or for the privacy practices or security standards used by third parties on their respective websites. You understand and agree that by clicking on a link to a third party’s website, you have left our Site and the Privacy Policy stated on the Site is no longer in effect.

14. USER CONTENT

Some features of the Site may now or in the future allow you to provide content, such as written comments or reviews, or interactive content such as surveys or profiles, to be published or displayed on public areas of the Site (“User Content”). All content submitted by you to the Site may be retained by us indefinitely, even after you terminate your account. By submitting any User Content, you grant to SmartAC.com a perpetual, worldwide, irrevocable non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you. Your User Content may be posted on and transmitted to others at your own risk. We cannot control the actions of other Users of the Site with whom you may choose to share your User Content.

15. RIGHT TO OPT OUT OF MARKETING

When you register with us, or if you provide additional personal information through our Site, we provide you with the right to “opt out” of receiving future communications from us for direct marketing purposes by indicating that you decline such communications. You may choose to have your name taken off of our email list after you have registered or provided additional information within the “Notification Preferences” section of the SmartAC.com app or selecting the “unsubscribe” link at the bottom of our marketing emails. Please note that we may still send you important service-related communications regarding our products or services, such as communications about your subscription or account, service announcements or security information.

16. SECURITY OF YOUR INFORMATION

We are committed to ensuring that your information is secure against loss, unauthorized use, disclosure or destruction and when transferring information for processing. However, due to the open communication nature of the Internet, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us. If you have reason to believe that your personal information may no longer be secure (for example, if you feel that the security of an account has been compromised), please contact us at support@smartac.com. We retain your personal information for the period necessary to fulfill the purposes for which it was collected and for a reasonable period thereafter to comply with our legal obligations, and contractual and business operational requirements. With respect to personal information collected by us, we retain information during the term of the subscription, based upon instructions provided by our customers. At the expiration of the applicable data retention periods, we will take steps to have your personal information deleted, aggregated or de-identified, unless further retention is required by applicable laws. Consistent with good business practice, we continue to evolve our controls, schedules and practices for information and records retention and destruction which apply to your personal information. Non-personal data or de-identified data, may be retained indefinitely for any and all business purposes.

SmartAC.com will maintain a documented incident-response process for actual or suspected privacy or security incidents involving personal information or the Services. The process will include prompt assessment and investigation; documentation of the incident, affected information, scope, and remediation; reasonable measures to contain, mitigate, and remediate the incident; and notification or reporting to affected individuals, customers, regulators, or other parties when required by applicable law or contract. Where SmartAC.com processes personal information on behalf of a customer, SmartAC.com will notify the customer without undue delay after confirming an incident, to the extent required by the applicable contract or law, and will reasonably cooperate with the customer's response.

SmartAC.com retains personal information only as long as reasonably necessary for the disclosed purposes, including the account or customer relationship, security, dispute resolution, legal compliance, and enforcement. Retention varies by category, sensitivity, purpose, legal requirement, and ability to delete securely.

17. CONSENT TO PROCESSING & INTERNATIONAL TRANSFERS

SmartAC.com hosts and otherwise processes personal information in the United States and [LIST EACH OTHER COUNTRY OR REGION WHERE PERSONAL INFORMATION IS HOSTED OR PROCESSED]. Personal information may be accessed or processed by SmartAC.com, its affiliates, Contractors, and service providers in those locations as necessary to provide secure, support and improve the Services and for the purposes described in this Privacy Policy.

Where applicable law requires safeguards for a cross-border transfer, SmartAC.com will use an approved transfer mechanism, such as the European Commission’s Standard Contractual Clauses, the UK International Data Transfer Addendum or International Data Transfer Agreement, an adequacy decision, or another lawful mechanism recognized by the applicable law. SmartAC.com will implement supplementary technical, organizational, and contractual measures where required by applicable law. To request further information about the countries or regions in which your personal information is processed and the applicable transfer safeguards, contact [PRIVACY OFFICER CONTACT INFORMATION].

Canadian Privacy Information.

SmartAC.com obtains consent for collection, use, and disclosure where required by Canadian privacy law, subject to applicable legal exceptions. Canadian residents may request access to, correction of, or information about SmartAC.com’s collection, use, disclosure, retention, and cross-border processing of personal information by contacting the Privacy Officer at [PRIVACY OFFICER NAME, TITLE, EMAIL, AND MAILING ADDRESS]. Quebec Privacy Notice. If SmartAC.com offers the Services to Québec residents or collects, uses, communicates, or otherwise processes their personal information, SmartAC.com will comply with applicable Québec privacy law, including the Act respecting the protection of personal information in the private sector. Before or at collection, SmartAC.com will provide clear, understandable information about the personal information collected; the purposes of collection, use, and communication; the means of collection; the categories of persons with access; the possibility that information may be communicated outside Québec; and the rights available to individuals. Where consent is required, SmartAC.com will obtain consent that is clear, free, informed, specific, and given for the stated purposes, and will obtain express consent where required by law, including for sensitive personal information. Individuals may withdraw consent, subject to legal and contractual restrictions and reasonable notice. Privacy Officer. SmartAC.com has designated a person responsible for the protection of personal information. Contact: [PRIVACY OFFICER NAME, TITLE, EMAIL, MAILING ADDRESS]. This person is responsible for ensuring compliance with SmartAC.com's privacy program and responding to privacy-related requests and complaints. Confidentiality Incidents. SmartAC.com will take reasonable measures to reduce the risk of injury arising from a confidentiality incident and prevent recurrence. Where required by applicable Québec law, SmartAC.com will notify the Commission d'accès à l'information du Québec and affected individuals of a confidentiality incident presenting a risk of serious injury, maintain a register of confidentiality incidents, and provide information from that register as required by law. Cross-Border Communications. Before communicating personal information outside Québec or entrusting a person or body outside Québec with its collection, use, communication, or retention, SmartAC.com will conduct the assessment required by applicable Québec law, including consideration of the sensitivity of the information, the purposes for which it will be used, the safeguards applicable to it, and the legal framework of the destination jurisdiction. SmartAC.com will ensure that the communication is subject to a written agreement containing appropriate privacy protections and will communicate the information only if the assessment supports that the information will receive adequate protection. Privacy Program. SmartAC.com maintains privacy governance policies and practices addressing the collection, use, communication, retention, destruction, security, access, correction, complaints, confidentiality incidents, service providers, and cross-border processing of personal information, and will make information about those policies and practices available on request.

18. REGIONS REQUIRING A LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION

If you are from a region that requires a legal basis for processing personal information (such as the EEA or the UK), our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we need the personal information to perform a contract with you (or a third party service provider), or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person, such as in the case where we request personal information from you in the context of a government audit or in response to a request from law enforcement. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us as set forth at the end of this Privacy Policy. Broadly speaking, we use personal information to further our legitimate interests to:

create and manage an account, provide you with relevant products and services, to and perform our contract with you;
understand who our customers and potential customers are and their interests in SmartAC.com’s products and services;
manage our relationship with you, other customers, and third-party service providers;
use names and email addresses for email marketing purposes, we do so with your consent (which you can withdraw at any time) or, where permitted under applicable law, on the basis of our legitimate interests;
carry out core business operations such as accounting, filing taxes, and fulfilling regulatory obligations; and
help detect, prevent, or investigate security incidents, fraud and other abuse or misuse of our products and services.

Note that in situations where we act as a processor, it is our customer or partner who determines the appropriate legal basis associated with processing activities, and queries about the applicable lawful basis should be directed to them.

19. YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

“Personal information” as referenced in this Privacy Policy includes “personal data” as that term is defined under the European Union GDPR. SmartAC.com is a data controller for the personal information collected from all categories of data subjects listed above; provided that SmartAC.com is a data processor for any of the data provided by its partners or business customers. Where SmartAC.com is a data processor, SmartAC.com processes data on behalf of its partners or business customers pursuant to their data processing instructions. If you are a resident of the EEA, Switzerland, or the United Kingdom (“UK”), you have the following data protection rights:

If you wish to access or request deletion of your personal data, you can do so within the “Settings” section of the SmartAC.com app. If you wish to correct or update your personal data, or if you do not have a registered account, you may exercise these rights by emailing us at support@smartac.com.
In addition, you can object to the processing of your personal data, ask us to restrict the processing of your personal data, or request portability of your personal data. You can exercise these rights within the SmartAC.com app (or if you do not have a registered account, by emailing us at support@smartac.com).
You have the right to opt out of marketing communications we send you at any time. You may choose to have your name taken off of our email list after you have registered or provided additional information by updating your preferences within the SmartAC.com app or following the link within our marketing emails.
Similarly, if we have collected and process your personal data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal data conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority. You may find contact details on edpb.europa.eu.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

20. DO NOT TRACK SIGNALS

The Site , may not respond to browser "do not track" signals. However, where required by applicable law, SmartAC.com will honor an opt-out preference signal, such as Global Privacy Control, for the browser or device from which the signal is sent, to the extent the signal is valid, recognized, and relates to the applicable browser or device. Sensitive Personal Information. SmartAC.com does not intend to collect sensitive personal information as defined by applicable U.S. state privacy laws, except to the extent information is treated as sensitive under a particular law, such as precise geolocation if SmartAC.com collects it. SmartAC.com uses such information only as reasonably necessary to provide the Services, ensure security and integrity, comply with law, or for other purposes permitted by law; it does not use or disclose it to infer characteristics about an individual.

21. CHANGES TO THE PRIVACY POLICY

We may amend this Privacy Policy from time to time. We will post the updated Policy and its effective date on the Site. If we make a material change, we will provide additional notice as required by applicable law, which may include notice through the Services or by email. Changes apply prospectively from the effective date, except as otherwise required by law.

22. CONTACT US

For more information or for help in answering any questions or to exercise any of your rights as set forth above or as provided under applicable law, please contact us at support@smartac.com or call 1-(833) 762-7822.