Privacy Policy

DaySmart Software, the makers of DaySmart Body Art, appreciate the trust you place in us and we are committed to respecting your privacy and the security of your personal information. Our privacy policy describes the information we collect and how we use it.

Whether you purchase products through DaySmart Software’s web site or via mail or phone, or which are delivered to you through the DaySmart Software Cloud website, any personal information that you may share with us (and with the business partners that help this site function or assist us in fulfilling your order) is kept absolutely private.

Types of Personal Information We May Gather

• Purchases — When you place an order, you give us your name, address, phone number or e-mail address and, in some cases, credit card information. You authorize us to store your name and shipping address(es), and optionally, credit card and billing information. If you purchase under a payment plan, you may authorize us to store your credit card information.
• Trial version requests — We need your name and email address and phone number in order for you to download a trial version of our software.

We maintain the data that you provide us, along with a record of your purchases, in a secure database.

Using Information We Collect

At DaySmart Software, Inc., we always want to provide you with the best possible experience and fulfill your orders exactly as you’ve requested. In order to do this, we use the information we collect to:

• Process and track your order
• Provide the products and services you request
• Contact you about the status of an order
• Contact you regarding promotional offers we believe will be of interest to you
• Identify your product and service preferences
• Customize our communications to you
• Provide information concerning product recalls or products you have purchased
• Improve our merchandise selection and customer service

How We Use Cookies

As with most other websites, we collect and use the data contained in log files comprised only of basic service interaction/page downloads and/or errors. We use web sessions for temporary storage of basic information to help display the appropriate content on the page to you. Cookies are unique identifiers that we transfer to your device to enable our systems and advertising partners to recognize your device and to provide features such as retargeting personalized advertisements on other websites based on your interaction with DaySmart.com product software sites. These cookies do not collect personal information such as your name, email address, postal address or telephone number

Our Business Partners

In order to supply, ship and track merchandise, we make your name and address available to our hardware suppliers and such companies as Dell Computers, BlueStar, United Parcel Service, Federal Express and the U.S. Postal Service. We provide these companies with only the information they need to supply merchandise that you have ordered and perform their services. We do not authorize these business affiliates to use your personal information for any other purpose. From time to time we provide the information to trusted partners who work on behalf of or with DaySmart Software Inc. under confidentiality agreements. These companies may use your personal information to communicate with you about offers from DaySmart and our marketing partners. However, these companies do not have any independent right to share this information with any other party. Except as stated above, neither your name nor anything about you is sold or shared with any other non-affiliated company or agency.

How We Use E-mail

When you provide us your email address, we may send you emails necessary to process your order or respond to a request.

Links to Other Sites

Occasionally, we provide links on our websites to other sites we think you will find useful in your business. These sites operate independently of DaySmart Software, Inc. and have established their own privacy and security policies. For the best online experience, we strongly encourage you to review these policies at any site you visit.

Cloud Services, Security, and Data Retention

It is our intent to protect against the loss, misuse or alteration of information that we have collected from you. We use a variety of current technologies and processes for protection of our customer data. For example, we store the personal information we collect on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number or password) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

We permanently delete all personal information obtained in the course of delivery of products and services to you through the DaySmart Software Cloud website when you no longer subscribe to those products or services, after 90 days or immediately upon your request. We limit the information we provide to outside companies with whom we contract to only what they need to carry out their responsibilities. When you make a purchase or request a trial on our website, your transactional information is transmitted in a safe, encrypted format.

Privacy of Children on Our Web Site

Our web site is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. If a child has provided our web site with personally identifiable information, we ask that a parent or guardian call (248) 491-0200 and we will delete the information about the child from our files.

Your Consent

By using our web site you consent to our use of information that is collected or submitted as described in this online privacy policy.

Policy Changes

From time to time we may use customer information for unanticipated uses not previously disclosed in our privacy notice. We may change or add to this privacy policy. If our information practices change, we will post these changes on our web site. We encourage you to review our privacy policy periodically.

This section applies to data processing activities of data subjects residing in the European Economic Area as well as, regardless of residence, to the processing of any such data occurring in the European Economic Area.

“Personal Data,” for purposes of this section, means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Services” means any of our products, services, or deliverables.

“Site” means any website operated and controlled by us.

Pursuant to the European Union General Data Protection Regulation (GDPR), we function as a “processor” for the Services we offer to our customers . The scope of applicable data protections and processing for those Services are set forth in contractual agreements with our customers and are therefore not covered by this Privacy Notice.

In our controller role, we process certain Personal Data in order to maintain and provide the Services to our customers, such as this website, and our customer contact names, addresses, email addresses, phone numbers, and other contact information for designated customer representatives or personnel (“Customer Relationship Data”).  In addition, we may send marketing materials or communications to potential or existing customers (“Marketing Activities”).  For purposes of Customer Relationship Data and Marketing Activities, we function as a “controller.”  Our disclosures with respect to our processing of data as a controller are set forth in this section.

1. How We Collect and Use Personal Data

We collect data as described in the “Types of Personal Information We May Gather” section above.  We collect data when you submit it to us on our website or through other forms and when you make purchases (including subscriptions), renew your software license, and when we activate our software for you or service your account.  We also use third parties such as Google Analytics to provide customer analytics on our site.  In the future, we may also use third parties for our own advertising purposes to retarget ads to our site visitors

2. How We Disclose Personal Data

Our disclosure is limited to circumstances where we are permitted to do so under applicable European and national data protection laws and regulations.  We share data with companies as necessary to obtain CRM and cloud services and for order fulfillment whose practices are in line with GDPR.

3. Legal Basis for Processing

We collect and process your Personal Data for a variety of different purposes which are set out in further detail in this section.

In some cases, we will ask for your consent so that we may process your Personal Data.  However, in certain circumstances, applicable data protection laws allow us to process your Personal Data without needing to obtain your consent.

3.1. Processing Personal Data Where Consent Not Required

In certain cases, separate consent is not required, including:

• For the performance of a contract.

To perform our contractual obligations to you, including our fulfilling orders or purchases you have made, contacting you in relation to any issues with your order or use of our Services, in relation to the provision of our Services, or where we need to provide your Personal Data to our service providers related to the provision of the Services, including for license activation and management.

• To comply with legal obligations. 

To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.

• Legitimate Interests.

To operate our business and provide our Services (other than in performing our contractual obligations to you) for our “legitimate interests” and for the purposes of applicable law, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.  Legitimate interests may include:

• To communicate with you regarding the Services and to address and respond to your requests, inquiries, and complaints.
• For our direct marketing purposes.
• To send you surveys in connection with our Services.
• To assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third parties.
• To develop, provide, and improve our Services.
• To enforce our Terms of Use, License Agreements, or this Privacy Notice, or agreements with third parties.

3.2. Consent For Processing

In cases where we are not already authorized to process the Personal Data under applicable law, we may ask for your consent to process your Personal Data, including:

• Marketing

We may ask for your consent for our partners or vendors to contact you by telephone, SMS, post and/or email about other offers, products, promotions, developments or Services which we think may be of interest to you and for other marketing purposes. For our own marketing, we will contact you about our Services when you voluntarily provide us your information on our Site.

• Use of Cookies

Our Site uses cookies and similar technologies to improve user experience and for analytics. We use our own cookies for authentication and session management as well as to understand how our website is used.

We use third party cookies for analytics.  Specifically, we use Google Analytics to improve our site.  We do not use Google Analytics to personally identify you.  More information about Google’s services, including Google Analytics, can be found here: https://www.google.com/policies/privacy/partners/.

If you want to block or delete cookies, most major browsers will allow you to do this through settings.

4. Withdrawing Your Consent

Where consent is the basis of processing, you may at any time withdraw the consent you provide for the processing of your Personal Data by contacting us at [email protected], provided that we are not required by applicable law or professional standards to retain such information.

If you want to stop receiving future marketing messages and materials, you can do so by clicking the “unsubscribe” link included in our email marketing messages or submit your inquiries here.

5. Data Subject Rights

You have the right in certain circumstances to request confirmation from us as to whether or not we are processing your Personal Data.  Where we are processing your Personal Data, you also have the right to request access to, modification of, or deletion of such Personal Data. You also have the right in certain circumstances to receive the Personal Data concerning you that you provided to us, to restrict processing of your Personal Data, or to transmit such data to another controller.

To exercise your rights with respect to your Personal Data, please submit your inquiries here. As permitted by law, certain data elements may not be subject to access, modification, portability, restriction, and/or deletion.  Furthermore, where permissible, we may charge for this service.  We will respond to reasonable requests as soon as practicable and as required by law.

6. Data Retention

We will retain your Personal Data for as long as long as you maintain an account or subscription agreement or as otherwise necessary to provide you the Services.  We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

7. Right to Lodge a Complaint With A Supervisory Authority

You may have a right to lodge a complaint with a supervisory authority.

Contact Us

For questions, comments or assistance, we invite you to contact us at (800) 604-2040 or via e-mail at [email protected]

Last Updated: 5/23/18