PRIVACY POLICY

In this policy, “we”, “us”,“our” and “SmartHeritance” refers to SmartHeritance LLC. For more information about us and how to contact us, see Section ‎12.

We respect your privacy and are committed to protecting it through our compliance with this Policy.

This privacy policy (“Policy”) describes how we collect, use and share personal data of consumer users across our websites, including smartheritance.com (the “Website”), SmartHeritance’s mobile application (the “App”), SmartHeritance’s browser extension (the “Extension”) and services offered to users (collectively with the Website, the App and the Extension, the “Services”), and from our partners and other third parties. When using any of our Services you consent to the collection, transfer, storage, disclosure, and use of your personal data as described in this Policy.

Please read this Policy carefully to understand our policies and practices regarding your personal data and how we will treat it. By accessing or using the Services, you agree to this Policy. Our Services also incorporate privacy controls which affect how we will process your personal data. Please refer to Section ‎5 for a list of rights with regard to your personal data and how to exercise them.

This Policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

There are two general categories of information we collect.

2.1. Information You Give to Us.

(a) We collect your account data, which may include your name, address, phone number and email address ("Account Data"). The Account Data may be processed for the purposes of providing to you our Services and of ensuring their security, maintaining back-ups of our databases and communicating with you.

(b) If you choose to provide us with access or permission and you use our App, we will routinely process geolocation information from your mobile device to ascertain your wellness.

(c) If you choose to provide us with access or permission and you install our Extension, we will routinely process browser activity information from the Extension to ascertain your wellness.

(d) If you choose to provide us with access or permission, we periodically scan your email account to compile and update a catalog of your assets, such as bank or brokerage accounts ("Email Content"), for the purposes of providing to you our Services and to ascertain your wellness.

(e) We may process financial information such as credit card or PayPal information when you order Services in order to facilitate the processing of payments.

(f) We may process information contained in or relating to any communication that you send to us ("Correspondence Data"). The Correspondence Data may include the communication content and metadata associated with the communication. The correspondence data may be processed for the purposes of communicating with you, to ascertain your wellness and record-keeping.

(g) We may process information included in your personal profile, which may include your location, time zone and website ("Profile Data"). The Profile Data may be processed for the purposes of providing you a better user experience when using the Services.

2.2 Information We Automatically Collect from Your Use of the Services.

(a) When you use the Services, we may automatically process information about your computer and internet connection (including your IP address, operating system and browser type), your mobile carrier, device information (including device and application IDs), search terms, cookie information, as well as information about the timing, frequency and pattern of your service use (“Service Data”). The Service Data is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

(a) With your permission and if you use our App, we may also receive data from your mobile device’s health app (like Apple HealthKit or Google Health Connect) to ascertain your wellness.

3.1 Financial transactions relating to the Services are handled by our payment services providers, currently Stripe. We will share Payment Information with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about Stripe’s privacy policy and practices at https://stripe.com/us/privacy/ .

3.2 We may use an AI third party service provider, currently OpenAI, to process Email Content to the extent necessary to provide the Services to you. Specifically, OpenAI will process the Email Content to extract information about your assets (“Asset Data”). You can find information about OpenAI’s privacy policy and practices at https://openai.com/policies/row-privacy-policy/.

3.3 Email access obtained via Google Workspace APIs are not used to develop, improve, or train generalized/non-personalized AI and/or ML models.

3.4 We may disclose Service Data to a variety of third party service providers insofar as reasonably necessary to improve the functionalities of the Services. For example, we may disclose Service Data to obtain useful analytics, provide in-app support to mobile app users and determine location data.

3.5 We may disclose Profile Data and Asset Data with our business partners who may be able to provide specialized services to you, such as law firms, investment advisors or insurance agents.

3.6 We may share aggregated data (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

3.7 In addition to the specific disclosures of personal data set out in this Section ‎3, we may disclose your personal data if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; or in order to protect your vital interests or the vital interests of another natural person; to protect the safety or integrity of the Services, or to explain why we have removed content or accounts from the Services; or to address fraud, security, or technical issues; or to protect our rights or property or the rights or property of those who use the Services.

3.8 We offer individuals the opportunity to choose (opt out) whether their personal information is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals. In order to opt out from disclosure of your personal information, please email us at info@smartheritance.com.

(a) A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

(b) Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

(c) Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

(d) We also use other technologies with similar functionality to cookies, such as web beacons, web storage, and unique advertising identifiers, to collect information about your activity, browser, and device.

(a) to identify you and log you into the Services;

(b) to store information about your preferences and to personalize the Services for you;

(c) as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;

(d) to help us analyze the use and performance of the Services; and

(e) to store your preferences in relation to the use of cookies more generally;

(a) We use the following service providers to analyze the use of the Services. Each service provider gathers information about the Services by means of cookies and this information is used to create reports with usage information. You can find information about the service providers' privacy policies and practices at the URLs set forth below:

(a) Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version.

(b) Your mobile device may allow you to control cookies through its settings function. Refer to your device manufacturer’s instructions for more information.

(c) If you choose to decline cookies, some parts of the Services may not work as intended or may not work at all.

In this Section ‎5, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

(a) the right to access;

(b) the right to obtain a copy;

(c) the right to correct;

(d) the right to request the deletion;

(e) the right to opt out; and

(f) the right to non-discrimination for exercising your rights.

5.2 You have the right to confirmation as to whether or not we process your personal data and, where we do, access the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned, and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data and obtain a copy by sending us an email at info@smartheritance.com.

5.3 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed. You can request correction or modification of your personal data by sending us an email at info@smartheritance.com.

5.4 In some circumstances, you have the right to request the deletion of your personal data. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims. You can request the deletion of your account and the erasure of your personal information by sending us an email at info@smartheritance.com.

5.5 You have the right to opt out of the processing of your personal data if it is used for targeted advertising (or sharing as defined under California’s privacy law), the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling"). You may also have the right to limit the use and disclosure of sensitive personal data (as permitted by applicable law, including California’s privacy law). You can exercise these rights by sending us an email at info@smartheritance.com.

5.6 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

Under certain US state data protection laws, you can designate an authorized agent to make a request on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with applicable laws. If we decline to take action regarding your request, you may appeal our decision by emailing us at info@smartheritance.com. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by emailing us at info@smartheritance.com.

7.1 This Section ‎7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

7.2 We will keep your personal information for twelve (12) months past the termination of your account. If you do not want us to keep your information after the termination of your account, you can request that we erase your personal information.

7.3 Notwithstanding the other provisions of this Section ‎7, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

Our Services are not intended for minors. You must also be old enough to consent to the processing of your personal data in your country without parental consent. No one under age 18 may provide any personal data through the Services. We do not knowingly collect personal data from children under 18. If you are under 18, do not use or provide any information through the Services or on or through any of their features or register an account, make any purchases through the Services, use any of the interactive features of the Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal data from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at info@smartheritance.com.

9.1 We have implemented measures designed to secure your personal data from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

9.2 Steps taken to ensure data security:

• (a) All the user information can only be accessed by authorized users; and
• (b) Users need to authenticate themselves with a username-password combination.
• (c) We use 256-bit encryption of data during transmission and storage.

9.3 Unfortunately, the transmission of information via public networks such as the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted through the Services. Any transmission of personal data is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Services.

You agree that the dispute resolution procedures set forth in Section 12 of the Terms of Service will apply to any dispute between you and SmartHeritance regarding the collection, use, and disclosure of Personal Data.

It is our policy to post any changes we make to our Policy on this page. If we make material changes to how we treat our users' personal data, we will notify you by e-mail to the primary e-mail address specified in your account. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable e-mail address for you, and for periodically visiting our Website and this Policy to check for any changes.

The data controller responsible for your personal data is SmartHeritance LLC. Please contact us by email at info@smartheritance.com or by mail at:

SmartHeritance LLC
500 E. Hamilton Avenue #1090
Campbell CA 95008

This section applies solely to consumers who reside in the State of California. If you are a California resident, and you wish to access your personal data, request from us that we delete your personal information, or require information about our disclosure practices, you can choose to send us a verifiable consumer request by email at info@smartheritance.com, in addition to using the means set forth above.

In our assessment, we do not “sell” your personal information to third parties for monetary or other valuable consideration.