Smartly, Inc. (d/b/a “Bonusly”) is committed to protecting your privacy through our compliance with the policies and practices in this notice.
This notice describes the types of information we may collect from you or that you may provide to us when you visit our website at bonusly.com or use the Bonusly service. In this notice we refer to our website and our service collectively as the "Site." This notice also describes our practices for collecting, using, maintaining, protecting, and disclosing that information. Your use of the Site is subject to our Terms of Service or other written agreement between you or your organization and us.
This notice applies to information we collect:
- on the Site;
- in email, text, or other electronic messages between you and us or other users in your organization through the Site;
- through mobile and computer applications you access, enable or integrate through the Site; and
It does not apply to information collected by:
- us offline or through any other means, including on any other website operated by us or any third party; or
- any third party, including through any application or content that may link to or be accessible from the Site.
By accessing or using the Site, you agree to the policies and practices described in this notice. If you do not agree with our policies and practices as described in this notice, you may not use the Site. We may change this notice from time to time. Your use of the Site at any time indicates your acceptance of the version of this notice posted on the Site at such time, so please check this notice periodically for updates.
Children Under the Age of 13
The Site is not intended for use by children under 13 years of age, and we do not knowingly collect any information from or about children under 13. If you are under 13, do not use the Site for any reason. If we learn we have collected or received personal information from or about a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information about a child under 13, please contact us at +1 442 222-8325 or firstname.lastname@example.org.
Information We Collect About You
We collect several types of information from and about users of the Site, including information:
- by which you may be personally identified, such as name, e-mail address or other contact information, or any other identifier by which you may be contacted online or offline ("personal information"); and
- that is about you but individually does not identify you, such as information about your internet connection, the equipment you use to access the Site and usage details.
We collect this information:
- directly from you when you provide it to us;
- automatically as you navigate through the Site, such as usage details, IP addresses, and information collected through cookies and other tracking technologies; and from third parties, such as Hubspot or Google Analytics.
Information You Provide to Us
The information we collect on or through the Site may include:
- information that you provide by filling in forms on the Site, including information you provide when you register to use the Site or send us a request or report a problem with the Site; and
- details of transactions you carry out through the Site.
You also may provide information to be posted on areas of the Site that are visible on the Site, such as to other users in your organization or that are transmitted to third parties as part of your or your organization’s use of the Site (collectively, "User Contributions"). Your User Contributions are posted and/or transmitted at your own risk. We limit access to certain pages according to our or your organization’s usage and privacy settings, but you acknowledge that no security measures are perfect or impenetrable. In addition, you acknowledge that we cannot completely control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- details of your visits to the Site, such as traffic data, logs, navigation data and other communication data and the resources that you access and use on Site; and
- information about your computer and internet connection, including your IP address, operating system, and browser type.
This information helps us to:
- understand our user base and usage patterns;
- store information about your preferences, allowing us to customize our Site; improve the Site and deliver a better and more personalized service; and recognize you when you return to our Website.
The technologies we use for automatic data collection may include:
- Browser cookies. A browser cookie is a small file placed on the storage unit of your device. You may refuse to accept browser cookies by adjusting the settings on your browser, and you may delete cookies that have already been placed there. However, if you refuse or delete our browser cookies, you may be unable to access certain parts of the Site or have to re-enter information in order to use the Site.
- Web beacons. Pages of the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
Third-Party Use of Tracking Technologies
How We Use Your Information
We use information that we collect about you or that you provide to us:
- to present the Site and its contents to you;
- to provide you with information, products, or services that you request from us;
- to fulfill any other purpose for which you provide it;
- to provide you with notices about your account or about changes to the Site;
- to carry out our obligations and enforce our rights under any contracts entered into between you or your organization and us;
- to allow you to participate in interactive features on the Site;
- in any other way we may describe when you provide the information; and for any other purpose with your specific consent.
We may also use your information to contact you about our own products and services that may be of interest to you. If you do not want us to use your information in this way, please click the ‘unsubscribe’ link in the bottom of any email we’ve sent you.
We may use the information we have collected from you to enable us to display advertisements for our products and services. We only retain personal information for as long as your (or your organization’s) account is active or as necessary to provide services to you or your organization under our Terms and Conditions of Service or other agreement between you or your organization and Bonusly.
Disclosure of Your Information
We may disclose aggregated, anonymized information about our users without restriction.
We may disclose personal information that we collect or you provide as described in this notice:
- to fulfill the purpose for which you provide it, such as to notify another user in your organization of a bonus, to activate an integration that you select with a third-party service, or to redeem points from a third-party vendor;
- to service providers, such as payment processors, we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
- to a buyer or other successor of our company in the event of a merger, acquisition, sale of assets or other major corporate event in which the Site is among the transferred assets;
- for any other purpose disclosed by us when you provide the information;
- for any other purpose with your consent;
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Bonusly or its personnel, customers, or others.
Accessing and Correcting Your Information
You can review and change certain elements of your personal information by logging into the Site and visiting your account profile page.
You may also send us an email at email@example.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete all of your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect or if we have a separate legal basis for possessing and processing such information, such as to fulfill the terms of a contract between you or your organization and us.
Copies of some information, such as your User Contributions, may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. We will take reasonable steps to delete such information upon request, but cannot guarantee immediate deletion in all cases.
We have implemented reasonable and appropriate measures to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The Site is hosted on secure servers provided by our hosting services provider in the United States ("US"). By using the Site or providing us with any information, you acknowledge that the processing of your information, including personal information, will take place in the US as set forth in this notice and our Terms and Conditions of Service or other agreement between you or your organization and Bonusly.
Any payment transactions are provided through our payment processing services provider; we do not possess or retain any payment information.
The safety and security of your information also depends on you. For example, where we have given you (or where you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential.
Unfortunately, the transmission of information online is not completely secure, and we cannot guarantee the security of your personal information transmitted to or through the Site, which is done at your own risk.
European Union and Switzerland Users - Privacy Shield
We are aware of the July 16, 2020 decision of the European Court of Justice relating to the EU-US Privacy Shield and the September 8, 2020 opinion of the Federal Data Protection and Information Commissioner of Switzerland (FDPIC) relating to the Swiss-US Privacy Shield, in each case causing the applicable Privacy Shield Framework to be unavailable as a valid mechanism for data transfers to the United States. Nevertheless, in accordance with guidance from the United States Department of Commerce, Bonusly continues to be responsible for its obligations under both frameworks. Accordingly, we remain committed to the Privacy Shield Frameworks as set forth below, pending the outcome of negotiations between the Commerce Department and EU and Swiss authorities for an enhanced Privacy Shield program, especially in light of the recent Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities issued by the Biden Administration on October 7, 2022. Meantime, for concerned customers transferring personal data originating in the EU, EEA, Switzerland and/or the UK, Bonusly will be happy to enter into an appropriate data processing addendum, including approved “standard contractual clauses.”
Under the Privacy Shield Frameworks, we are responsible for the processing of personal information we receive and subsequently transfer to a third party acting as an agent on our behalf, such as a hosting services provider. We comply with the Privacy Shield Principles for all onward transfers of personal information from the EU or Switzerland, including the onward transfer liability provisions.
With respect to personal information received or transferred pursuant to the Privacy Shield
Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the Privacy Shield Principles, Bonusly commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding this notice should first contact Bonusly at: +1 442 222-8325 or firstname.lastname@example.org.
Bonusly has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.
Under certain conditions, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted. For more information, please visit the Privacy Shield website. You may have additional rights under applicable data protection laws. For example, you may have the right to lodge a complaint with the data protection supervisory authority in your country. You may also have the right to request, through your organization, access to and rectification or erasure of personal information or restriction of processing of your personal information, or to object to processing, as well as the right to data portability. We are committed to complying with data protection laws to the extent they apply to us, and to assist our customers in their compliance obligations as applicable and appropriate.
Changes to Our Privacy Policies and Practices
We will inform you of any changes we make to our privacy policies and practices that affect this notice by posting an updated notice on this page and/or by sending you a notice of the update. The date this notice 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 email address for you, and for periodically visiting the Site and this notice to check for any changes.
To ask questions or comment about this notice and our privacy policies and practices, please contact us at: email@example.com.