Privacy Policy

UPDATED 5/24/2018
Your right to privacy is important to “South Ranch, Inc.” AKA "SmartBorder" (“COMPANY,” “us” or “we”). This policy explains how we intend to handle any personal information we obtain from you through this or any other website we operate. Personal information is (1) information that enables us to identify you, including your name, address, telephone and facsimile numbers and email address, and (2) other information you provide such as your customer, subcontractor, project or program, design freeze date, or resume data.

Collection of Personal Information

When you visit our site and request information, sharing your personal information is strictly voluntary. However, in order to access certain features of our website, request information or complete transactions, you may be prompted for personal information. If you choose not to provide personal information when requested, you will not be able to obtain the particular services, information or benefits that require such disclosure.

When you visit our website, we may also collect certain electronic information that cannot be associated with you personally, such as the domains from which you came immediately prior to visiting our site, the number of visitors to our site, browsing patterns and areas of interest on our site. We may collect this data in order to help us improve our site, products and better serve our customers, job applicants, and others who visit the site. Because such information may not be used to identify you, it is not subject to the remaining provisions of this policy.

We may collect Personal Information from individuals during their dealings with us or while visiting our web sites, for example when individuals contact us by e-mail or phone, subscribe to a service or register in a secure section of our website. The information we collect may include at least some of the following:

  • Individual and business contact information (such as name, company name, address, e-mail address and telephone number);
  • Proof of identity (such as a signature, passport and driver’s licence);
  • Financial and billing information (such as credit card number/expiration date and credit history);
  • Shipping information (such as shipping-related contact details, signature for proof of delivery, account number) and information provided to us regarding the content of certain shipments;
  • Username and password to access SmartBorder solutions;
  • Resume information (such as employment history and educational background);
  • Demographic information (such as education and occupation);
  • Client and prospective client service comments or feedback; and
  • Purchase history.

Your failure to provide any of this information may result in our being unable to provide certain products or services.

COMPANY is the sole owner of all personal information provided to us, subject to the limitations set forth in this policy. In the event COMPANY is acquired by, merged into or otherwise succeeded by another COMPANY, COMPANY reserves the right to transfer its ownership of such personal information to such other COMPANY without notice to you. In the event of such a transfer, the privacy policy of the other COMPANY, to the extent it has one, shall supplant COMPANY’s policy.


Consent and Your Rights to Access Data

SmartBorder collects Personal Information about you only when you voluntarily provide it. Typically, we will seek consent for the use or disclosure of your Personal Information at the time of collection. In certain circumstances, consent may be sought after the information has been collected but before use (for example, when we want to use information for a purpose not previously identified).

Subject to applicable laws, you have the right to access, correct or request the deletion of your Personal Information at any time. In certain circumstances, you may have the right to object to the processing of your Personal Information. In such case, please contact us using the Personal Information Request form..

You also have the right to withdraw your consent at any time, subject to legal restrictions and where applicable reasonable notice. If you wish to withdraw your consent, please contact us using the Personal Information Request form.

We will not, as a condition of the supply of a product or service, require you to consent to the collection, use or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purposes for which the information is being provided.


Use or Disclosure for Marketing Purposes

If you have subscribed to receive SmartBorder’s updates, we may also use (but will not disclose) your Personal Information to send you relevant information based on your subscription preferences (for example, our email newsletter for the latest trade news, product and information updates from us and/or our affiliates in the areas of trade compliance and software), including by means of direct marketing. We may also disclose your Personal Information to our affiliates so that they can send you promotional materials directly.

To change or update your preferences, you can follow the instructions in the unwanted e-mail. Note, however, that clients of SmartBorder will continue to receive periodic e-mails that relate to their business relationship with us. You can also choose not to allow us to use your Personal Information for marketing purposes by using the Personal Information Request form.



Retention and Storage of Your Personal Information

SmartBorder retains your Personal Information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws, and your consent to such purposes(s) remains valid after termination of our relationship with you.



Transfers of Your Personal Information

For the purposes set out in this Privacy Statement, we or one of our affiliates or an unaffiliated service provider may process and store your Personal Information outside the country, province, territory or state in which you reside, which may include jurisdictions that are considered by the EU Commission not to afford adequate protection to Personal Information. Accordingly, transfers of your Personal Information to the United States and non-EEA countries are made pursuant to applicable law and contractual clauses approved by the European Commission. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries, provinces, territories or states may be entitled to access your Personal Information.

Use of Personal Information

Providing us with your personal information makes it easier for us to make our website relevant to you, communicate with you, assist you in making a purchase of our products or in the job application process, comply with any requests for our information and materials, and allow you access to certain limited-entry areas of our site.

We use your Personal Information to:

  • Provide you with timely and reliable software products and do all things necessary to administer that service;
  • Process claims we receive in connection with our services;
  • Provide client and prospective client support and respond to and communicate with you about your quotes, requests, questions and comments;
  • Advise you about new products and services that may be of interest to you, subject to your consent in accordance with applicable laws;
  • Communicate about, and administer your participation in, special events, programs, surveys, contests and other offers or promotions, subject to your consent in accordance with applicable laws;
  • To determine eligibility for initial employment, including the verification of references and qualifications;
  • Develop and maintain our relationship with you and communicate with you;
  • Bill you for our products and services and collect outstanding debts;
  • Establish and manage your account (including your online accounts and access to SmartBorder solutions); and
  • Perform data analyses and conduct other research (such as market and consumer research and trend analysis) to develop, manage, protect and improve our products and services, website, and business (including analyzing the effectiveness of our marketing, sales and advertising).
Under certain circumstances, we may provide your personal information to third parties for the purpose of delivering our goods or services to you and for other purposes related to your use of our products or your interest in securing employment with COMPANY. For example, we may provide such information to our designated customer support providers, authorized sales representatives, authorized distributors, shipping companies, or recruiters. We will only provide those third parties the information they need to perform the contemplated service. Aside from the foregoing, we will not provide any of your personal information to other companies or individuals without your permission, unless required by law or for the other legal purposes described below.

The personal information you provide us may be stored and processed in the United States or any other country in which we or any affiliates conduct operations. By submitting such information, you consent to the transfer of such information outside your home country.

We reserve the right to send you announcements relating to COMPANY or our goods or services, which may contain important information about such goods or services. You will be unable to unsubscribe to such announcements that relate to technical service, security or similar issues associated with the goods or services you have purchased or requested.

Disclosures Required by Law and Investigations We reserve the right to disclose your personal information in order to comply with any subpoenas, court orders or other legal process, to establish or exercise our legal rights or to defend against legal claims.

We reserve the right to use and disclose your personal information in order to investigate, prevent or take action regarding illegal activities, infringement of the intellectual property of COMPANY or a third party, suspected fraud, situations involving potential threats to the physical safety of any person or violations of our terms of use, or as otherwise required by law.

Use of Cookies

A cookie is a text file that a website transfers to your computer’s hard drive for record-keeping purposes and to enhance the quality of your visit to the website. Cookies cannot be used to run programs or deliver viruses to your computer.

Like other major websites, we may use cookie technology to provide us with information concerning your navigation to various areas on our site and to help us analyze the traffic on our site. We do not use cookies to read any information on your computer. Most browsers are initially set to accept cookies but can be configured to refuse cookies or warn you before a cookie is placed on your computer. Please consult the documentation for your particular browser for details.

Web beacons, also known as clear gif technology or action tags, may be used to assist in delivering cookies on our site. This technology tells us how many visitors clicked on key elements (such as links or graphics) on a particular web page. We do not use this technology to access your personal information, but we do use it to compile aggregated statistics about usage of our website. We may share aggregated site statistics with marketing partners but do not allow unaffiliated companies to place clear gifs on our sites.

We are using Google Analytics cookies that register your behavior on the SmartBorder website or service you are visiting, such as the frequency of your visits, which tabs or buttons were clicked, etc.

We use targeting or advertising cookies to deliver advertisements more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They remember that you have visited a SmartBorder website or online services and this information is shared with other organizations such as advertisers.
You can control browser cookies through your browser’s settings. You can control Flash cookies via the Macromedia Flash application on your computer, or by going to the Adobe Flash Player website, which allows you to view, modify, and delete Flash cookies.

The use of cookies, web beacons, or similar technologies by any third party website and other content and ad network providers is subject to their own privacy and cookies policies.

By continuing to use SmartBorder’s website, you are agreeing to our placing cookies on your computer. If you do not wish to accept cookies in connection with your use of this website, you must stop using our site. You can disable cookies containing the name “SmartBorder” by following the instructions described in the Tools or Preferences menu in your browser as set out below:

You can manage cookies using browser controls. For further information about how you can delete and control the cookies that are stored on your computer please see http://www.allaboutcookies.org/manage-cookies/index.html.

Security

Keeping your personal information as secure as possible is an important responsibility to us. We safeguard personal information based on established industry standards and procedures. Technological measures are in place to protect against loss, misuse or alteration of information that we may collect from you at our site.

No Liabilities for Acts of Third Parties

Although we will use reasonable efforts to safeguard the confidentiality of the personal information you submit, transmissions made by means of the Internet cannot be made absolutely secure. We will have no liability for disclosure of information and data you submit to us due to errors in transmission, unauthorized acts of third parties or through the use of third party cookies, programs, routines, viruses or other devices on your computer or any other computer.

Once you leave our site, including by clicking on any links on our site, you will be subject to the privacy policies of third party website operators and other companies which may differ significantly from this policy. We encourage you to be aware of when you leave our site and to read the privacy policies of each website that collects information from or about you.

Enforcement

Any dispute, controversy or claim arising out of or relating to this privacy policy or the breach thereof shall be submitted to binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, except as varied by this Agreement. The arbitration will take place only in the USA and shall be conducted entirely in the English language. Judgment on the award of the arbitrators may be entered in any court having jurisdiction thereof or having jurisdiction over one or more of the parties or their assets.

BY YOUR USE OF OUR WEBSITE, YOU WAIVE ALL RIGHT OR ENTITLEMENT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT ARISES OUT OF OR RELATES IN ANY WAY TO THIS PRIVACY POLICY.

COMPANY shall not in any way be liable to you for any special, consequential, incidental, indirect, or punitive damages with respect to this privacy policy or the activities contemplated herein, even if advised of the possibility of such damages.

Changes to this Privacy Policy

The effective date of this policy is 5/24/2018. We reserve the right to change or update this privacy policy at any time. Any such changes or updates will be effective immediately upon posting to our website, and your use of the website following such posting constitutes your acceptance of the privacy policy as so changed or updated. For more information on using this site, see COMPANY’s Terms of Use.