Effective Date: January 1, 2023
South Ranch, Inc. and its affiliates (collectively “SmartBorder”, “we”, “us”, “our”), are committed to protecting your privacy, and support a general policy of openness about how we collect, use, store and disclose (collectively “Process”) your personal information (as defined below) through our website.
Additional Information and Rights. For information about the privacy choices you have regarding your personal information, review the section “Your Privacy Rights and Choices” below. If you are a resident of California (USA) please see the “Additional Information for California Residents” section below for important information about the categories of personal information we collect and disclose and your privacy rights and choices under California privacy laws.
What Personal Information We Collect
- Account and profile information: name, company name, industry, address, e-mail address, telephone number as well as usernames and passwords for access to SmartBorder solutions and tools.
- Communications and interactions: when you email, call, or otherwise communicate with us and with members of our team, we collect and maintain a record of your contact details, communications and our responses. We also maintain records communications and information that you post on our social media channels, and information you provide to us related to any customer support requests.
- Demographic information: education and occupation.
- Comments or feedback: from client and prospective client services.
- Applicant information: where you are applying for employment with us, you will be asked to provide certain additional information, for example about your educational, employment history, and right to work, pursuant to a specific privacy notice for job applicants.
- Events and other requests: we also collect personal information related to your participation in our events as well as other requests that you submit to us related to our Services. For example, if you register for or attend an event that we host or sponsor, we may collect information related to your registration for and participation in such event. When you fill out a ‘Contact Us’ form, signup for our mailing lists, or otherwise request information from us, we collect and maintain records of your requests.
- Information we collect and receive from clients: as part of providing our services to clients, we may process the following information on our client’s behalf: proof of identity (such as a signature, passport and driver’s licence; vehicle information (such as the vehicle identification number (VIN) and licence plate number; billing details; and 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).
Personal Data from Third Parties. We may collect personal information about you from third party sources, such as public databases, social media platforms or other third parties.
- We may receive lead and prospect information from third parties, about prospective customers that may be interested in our Services. We may also engage with third parties to enhance or update our customer information.
- If you post information about us or engage with us on third party (social media) platforms, we may collect personal information about you from that third party platform. These third-party platforms and services control the information they collect and share about you. For information about how they may use and disclose your information, including any information you make public, please consult their respective privacy policies.
Automatically Collected Information. In addition, SmartBorder may automatically collect the following information related to your use of the Services and interactions with us and others, including information we collect automatically (e.g., using cookies and pixel tags), as well as information we derive about you and your use of the Services. Such information includes:
- Activities and usage: we also collect activity information related to your use of the Services, such as information about the links clicked, searches, features used, items viewed, time spent within the Services.
- Location information: we may collect or derive location information about you, such as through your IP address.
How We Use Your Personal InformationPurposes. We collect, use disclose and otherwise process your personal information for the following purposes:
- Provide our services: to provide and operate our SaaS solutions and related tools or services.
- Customer support: to provide support and respond to and communicate with you about your quotes, requests, questions and comments.
- Process claims: to investigate and process claims received in connection with our services.
- Customization and personalization: to develop and maintain our relationship with you by tailoring content we send or display to you in order to offer location customization and personalized help and instructions, and to otherwise personalize your experience using the services. This includes communication regarding participation in special events, programs, surveys, contests and other offers or promotions.
- Marketing and promotions: to send direct marketing and promotional materials. For example, we may use contact information such as your email address to send you newsletters, special offers, or promotions, or to otherwise contact you about SmartBorder products or information we think may interest you. If you are located in a jurisdiction that requires opt-in consent to receive electronic marketing messages, we will only send you such messages if you opt-in to receive them. As explained below, we do not use your content for direct marketing purposes. You may opt-out of receiving marketing emails by following the opt-out instructions in the email. We may still email you customer service and transaction-related communications, even if you have opted-out of receiving marketing communications.
- Establishment and maintenance of your account; invoicing: to provide online accounts and access of SmartBorder software solutions and tools; bill you for contracted products and services or outstanding debts.
- Applicants: To process applications for employment consideration.
- Analytics and improvement: to better understand how users access and use the services, and for other research and analytical purposes, such as to evaluate and improve the services and to develop additional products, services and features. While we may collect and analyze usage details (e.g., storage size used, access logs, etc.) related to content, we do not actually access content for these purposes.
- Advertising: to advertise our services on third-party sites and social media services.
- Planning and managing events: for event planning and management, including registration, attendance, connecting you with other event attendees, and contacting you about relevant events and Services.
- Research and surveys: to administer surveys and questionnaires, such as for market research or member satisfaction purposes.
- Defending our legal rights: including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend, or protect our rights or interests, including in the context of anticipated or actual litigation with third parties.
- Auditing, reporting, corporate governance, and internal operations: including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping, and legal functions; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy, or restructuring of all or part of our business.
- Comply with legal obligations: including to comply with the law, our legal obligations, or legal proceedings; for example, we may disclose information in response to warrants, subpoenas, court orders, and regulatory or law enforcement.
How We Disclose Your Personal InformationExcept with your consent, we will not sell, license, trade or rent your personal information for monetary value to or with third parties. We may disclose the personal information that we collect for the purposes described above, in order to provide our Services to you, to respond to and fulfil your orders and requests, as otherwise directed or consented to by you, and as follows:
- Vendors and service providers: we may share information about you with third-party vendors, consultants and other service providers (data processors) who use this information to perform services for us, such as payment processors, hosting providers, auditors, advisors, consultants, customer service and support providers. We obtain appropriate contractual and technical protections to limit these service providers’ use and disclosure of any information about you that we share with them.
- Third party platforms, providers and networks: we may disclose or make available personal information to third party platforms and providers that we use to provide or make available certain features or portions of the Services, or as necessary to respond to your requests. We may also make certain information that includes personal information available to third parties we may work with that provide advertising, campaign measurement, online and/or mobile analytics and related services. These third parties may receive or access browsing history and/or other data about your use of the Sites, in order to help us better reach individuals with relevant ads, measure our ad campaigns and/or to better understand how individuals interact with our Sites over time and across devices. (See the “Cookies, Tracking and Analytics” section below for more information)
- As required by law: we release information about you if we believe we must do so to comply with the law or a subpoena, bankruptcy proceeding, or similar legal process.
- To protect rights: we may disclose information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., subpoenas or warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, and protect the rights, property or safety of SmartBorder, you, or others.
- Business transfers: if SmartBorder is involved in a merger, acquisition, or sale of all or a portion of its assets, we may disclose or transfer information, including personal information, as part of any merger, sale, and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event, in order for you to continue to receive the same products and services from the third party in accordance with applicable law.
Aggregate and Non-identifiable DataWe may also collect, use, share, disclose and otherwise process aggregate, anonymized, and in some cases de-identified information related to our business and the Services for quality control, analytics, marketing, advertising, research or similar purposes. Where we use, disclose or otherwise process de-identified data we will maintain and use the information in de-identified form and not to attempt to reidentify the information, except in accordance with applicable privacy laws.
Your Privacy Choices and RightsSubject to applicable laws, you have the right to access, correct, or request the deletion of your personal information. In certain circumstances, you may have the right to object to the processing of your personal information. We make available a number of ways that you can manage your privacy choices and submit privacy requests related to your personal information. These include:
If you are a California resident, please review the “Additional Information for California Residents” section below, for specific information about your California privacy rights and how to exercise them.
How We Protect Your Personal InformationSmartBorder makes commercially reasonable efforts to ensure that personal information collected from you is protected against loss, theft and unauthorized access, disclosure, copying, use, or modification. This protection applies in relation to information stored in both electronic and hard copy form. Access to your personal information is restricted to selected employees or representatives. In addition, SmartBorder employs generally accepted information security techniques, such as firewalls, access control procedures and cryptography, to protect personal information against loss and unauthorized access. Please note that no transmission over the Internet is 100% secure or error-free, and that processes, systems, and technologies used and maintained by SmartBorder may be subject to compromise. You acknowledge that we cannot be held responsible for any unauthorized or unintended access that is beyond our control.
Cookies. When you visit our website, we or one of our third-party service providers may place a text file called a “cookie” in the browser directory of your computer’s hard drive. A cookie is an alphanumeric identifier that is transferred to your device’s hard drive through your web browser for record-keeping purposes. The cookie cannot be read by any website other than the one that placed the cookie.
Pixel tags. Pixel (also referred to as web beacons, web bugs or clear GIFs) tags are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use pixel tags, in connection with our services to, among other things, help us manage ads and content, and compile statistics about usage of our services. We may also use pixel tags in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Third-Party Analytics and Tools. We use third party tools, such as Google Analytics, which are operated by third party companies. These third-party analytics companies may collect usage data (using cookies, pixels and similar tools) about our Services in order to provide us with reports and metrics that help us to evaluate usage of our Services and improve performance and user experiences. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.
Managing Your Cookie PreferencesWe make available several ways for you to manage your preferences regarding targeted advertising, matching and cookies within our Services. Many of these are browser and device specific, which means that you need to set the preference for each browser and device you use to access our Services; in addition, if you delete or block cookies, you may need to reapply these preferences. Further, opting out of cookies and advertising as discussed below does not mean that you will no longer receive advertising content from us. Remember that you may continue to receive generic or “contextual” ads from us. You can manage your cookie preferences for our websites and opt-out of certain cookies as explained below.
- Cookie Settings: you can review or change your preferences for targeting cookies and tags by adjusting your cookie settings via our Cookie Preference Manager, accessible from the footer of our websites. Please note, that your preferences are browser and device specific.
- Browser Settings: in addition, you can block or disable cookies for the device and browser you are using, through your browser settings by following the procedure described in the ‘Tools or Preferences’ menu in your browser; however, certain features on our Sites may not be available or function properly if you block or disable cookies.
- Industry Ad Choice Programs: you can learn more about the information collection practices and “opt-out” procedures of many Third-party Ad Companies by visiting https://optout.networkadvertising.org/?c=1. Opting out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or “contextual” ads on our Sites. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs.
Links to Third-Party Sites
SmartBorder is not responsible for how such third parties collect, use or disclose your personal information, so it is important to familiarize yourself with their privacy policies before providing them with your personal information.
Use or Disclosure for Marketing PurposesIf you have subscribed to receive SmartBorder’s updates, we may also use your personal information to send you relevant information based on your subscription preferences (for example, SmartBorder Insider for the latest trade news, product and information updates from us and/or our affiliates in the areas of trade compliance consulting, customs brokerage, vehicle transportation, freight forwarding, trade software and trade management, and up-coming webinar topics and registration information), 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.
You can also unsubscribe from all updates on this page or by following the unsubscribe instructions in our 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 contacting us as outlined below in “Contacting Us”.
ChildrenWe do not knowingly collect personal information from children under the age of 16. If we become aware that we have collected personal information from a child under the age of 16 without parental consent, we take steps to delete that information. If you are under the age of 16 and believe that you provided us with your personal information, please ask your parent(s) or guardian(s) to notify SmartBorder so we can delete all such personal information.
Additional Information for California Residents
This section provides California residents with additional information regarding our collection, use and disclosure of their personal information, as well as their privacy rights, under California privacy laws.
Categories of Personal Information Collected and Disclosed. Our collection, use, and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. The table below sets out, generally, the categories of personal information (as defined by the CCPA) that we collect and have collected about California residents, as well as the categories of third parties third parties to whom we may disclose this information for a business or commercial purpose. In some cases (such as where required by law), we may ask you to consent or give you certain choices prior to collecting or using certain personal information.
|Personal Information collected||Categories of third parties to whom we may disclose this information|
Includes direct identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, and other similar identifiers.
Categories of Personal Information Described in Cal. Civ. Code § 1798.80
Includes personal information, such as name, contact information, account number, and financial or payment information) that individuals provide us in order to obtain our products and services. For example, this may include information collected when an individual registers for an account or enters into an agreement with us related to our services.
|Commercial Information||Includes records products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies. For example, this may include demographic information that we receive from third parties in order to better understand and reach our customers.||
|Internet and Electronic Network Activity Information||Includes browsing history, clickstream data, search history, access logs and other usage data and information regarding an individual’s interaction with our websites, and other services, and our marketing emails and online ads.||
|Audio, Video and Other Electronic Data||Includes audio, electronic, visual, thermal, olfactory, or similar information such as, thermal screenings and CCTV footage (e.g., collected from visitors to our offices/premises, photographs and images (e.g., that you provide us and customer support call recordings.||
|Employment information||Includes professional and employment-related information (such as current and former employer(s) and position(s), business contact information and professional memberships).||
|Education Information||Information about an individual’s educational history.||
|Characteristics of Protected Classifications Under California and Federal Law||Includes characteristics of protected classifications under US state or federal laws, such as race, sex, age, marital status, disability information and medical conditions (e.g., which we may collect in order to make available appropriate accommodations for events and other activities we host).||
|Geolocation Information||Location information about a particular individual or device.||
|Profiles and Inferences||Includes inferences drawn from other personal information that we collect to create a profile reflecting an individual’s preferences, characteristics, predispositions, behavior, intelligence, abilities or aptitudes. For example, we may analyze personal information in order to identify the offers and information that may be most relevant to customers, so that we can better reach them with relevant offers and ads.||
|Sensitive Personal Information||In limited circumstances, we may collect:
Social security, driver’s license, state identification card, or passport number.
Sales and Sharing of Personal Information. The CCPA defines a “sale” as disclosing or making available personal information to a third party in exchange for monetary or other valuable consideration and “sharing” broadly includes disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising. We do not disclose personal information to third parties in exchange for monetary compensation, we may disclose or make available to third-party ad companies (e.g., through third-party tags on our websites) Identifiers and Internet and Electronic Network Activity Information to advertising networks, social networks, and service providers in order to improve and measure our ad campaigns and reach customers and potential customers with more relevant ads and content. Users can at all times opt out of third-party tags and cookies, other than those that are “essential”, by adjusting their cookie settings. Our Cookie Preference Manager is also accessible through the “Manage Cookies” or if you are in California, the “Do Not Sell or Share My Personal Information” link in the footer of our website. We do not sell or share sensitive personal information, nor do we sell or share any personal information about individuals who we know are under sixteen (16) years old.
Sources of Personal Information. As further described in the Information We Collect section above, we may collect personal information from the following sources:
- directly from you
- advertising networks
- data analytics providers
- social networks
- internet service providers
- operating systems and platforms
- public sources and entities
- business clients
- others as directed by
Purposes of Collection and Use. As described in more detail in the How We Use Your Personal Information section, we collect, use and otherwise process the above personal information in order to provide our Services to you, respond to and fulfil your orders and requests, as otherwise directed or consented to by you, and for the following business or commercial purposes:
- Provide our services
- Customer support
- Process claims
- Customization and personalization
- Marketing and promotion
- Establishment and maintenance of your account and invoicing
- Analytics and improvement
- Planning and managing events
- Research and surveys
- Protect our legal rights and prevent misuse
- Auditing, reporting, corporate governance, and internal operations
- Comply with legal obligations
Notwithstanding the above, we only use and disclose sensitive personal information as authorized pursuant to the CCPA (section 7027 of the CCPA regulations (Cal. Code. Regs., tit. 11, § 7027 (2022)). Accordingly, we will only use and disclose sensitive personal information as reasonably necessary (i) to perform our services requested by you, (ii) to help ensure security and integrity, including to prevent, detect, and investigate security incidents, (iii) to detect, prevent and respond to malicious, fraudulent, deceptive, or illegal conduct, (iv) to verify or maintain the quality and safety of our services, (v) for compliance with our legal obligations, (vi) to our service providers who perform services on our behalf, and (vii) for purposes other than inferring characteristics about you.
As described in more detail in the How We Disclose Your Information section above, we may disclose your personal information for the purposes described above, in order to provide our Services to you, to respond to and fulfil your orders and requests, as otherwise directed or consented to by you, and as follows:
- Enterprise clients
- Vendors and service providers
- Our affiliates
- Other website users
- Third party platforms, providers and networks
- In support of business transfers
- To comply with law and legal obligations
- To secure and protect rights
- In support of business transfers
CCPA Rights. You may request to review, make amendments, have deleted, or otherwise exercise your rights, under applicable privacy laws, with respect to your personal information that we hold by emailing us at the contact information below. Please note that we may maintain copies of information that you have updated, modified, or deleted, in our business records and in the normal course of our business operations, as permitted or required by applicable law.
Under the CCPA, California residents have the following rights (subject to certain limitations):
- Right to know/access rights: The right to know what personal information we have collected about them, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of personal information we have collected about them.
- Correction: the right to correct inaccurate personal information that we maintain about them.
- Deletion rights: to request deletion of their personal information that we have collected about them and to have such personal information deleted (without charge), subject to certain exceptions
- Right to non-discrimination: the right not to be subject to discriminatory treatment for exercising their rights under the CCPA.
- Opt out of sales and sharing: the right to opt-out of our sale and sharing of their personal information.
- To limit certain uses and disclosures of sensitive personal information: the right to limit our use or disclosure of sensitive personal information to those uses authorized by the CCPA. However, as explained above, we do not use and disclose sensitive personal information beyond what is authorized pursuant to the CCPA.
Submitting requests. California residentsmay exercise their privacy rights and submit CCPA requests as set forth below.
- Request to know/access, correct, delete and limit: California residents may submit CCPA requests to access/know, correct and delete their personal information maintained by us online by submitting a request via our Contact Us Form. Alternatively, California residents may submit a request by calling us at 1-800-387-7582(toll free).
- Requests to Opt Out: California residents may exercise their right to opt out online by submitting an opt out request via our Cookie Preference Manger, which is available from the footer of our websites. We will apply your opt out based upon the personal information in our records that is linked or reasonably linkable to the information provided in your request. In addition, our website responds to global privacy control—or “GPC”—signals, which means that if we detect that your browser is communicating a GPC signal, we will process that as a request to opt that particular browser and device out of sales and sharing (i.e., via cookies and tracking tools) on our website. Note that if you come back to our website from a different device or use a different browser on the same device, you will need to opt out (or set GPC for) that browser and device as well. More information about GPC is available at: https://globalprivacycontrol.org/.
When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. You must email us with any requested information (or otherwise provide us with this information via the above toll-free number) to verify your request. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may initiate a request on behalf of another individual through the above-listed methods; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.
Your Privacy Rights Under California Shine the Light LawUnder California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. To submit a “Shine the Light” request, email us at firstname.lastname@example.org and include in your request a current California address and your attestation that you are a California resident.
For more information about our privacy practices, you may contact us as set out in the Contacting Us section above.