Privacy Policy

Last updated: May 25, 2018

SmartDraw Software, LLC (the "Company") has updated this Privacy Policy (the "Privacy Policy") to reflect changes in data protection law. It applies to the Company's online and desktop diagramming applications SmartDraw and SmartDraw for Windows Desktop (collectively, "SmartDraw"), the Company's website www.smartdraw.com, and to other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with the Company (all of which in this Privacy Policy will collectively be referred to as the "Services").

SmartDraw services

If you do not agree with this Privacy Policy, do not access or use any of the Services or any other aspect of the Company's business. Separate agreements govern delivery, access and use of SmartDraw including the SmartDraw Terms of Service (the "Terms of Service") and SmartDraw for Windows Desktop License Agreement (the "Windows License").

Governing documents

This Privacy Policy does not apply to Google Drive, Dropbox, Microsoft One Drive, Box or any third-party document storage service that integrates with SmartDraw. Further, this Privacy Policy does not apply to any third-party apps, add-ons and extensions you may choose to use with SmartDraw such as Atlassian's Confluence, Jira and Trello apps.

The person or organization that purchased and entered into the Terms of Service and/or Windows License (the "Customer") controls access, rights and privileges for SmartDraw along with the disposition of all associated information, files or other content created and entered into SmartDraw (the "Customer Information"). In some cases, the Customer may not be the individual actually using the Services. If you were granted access or otherwise authorized to use a license to SmartDraw not purchased and owned by you (e.g., by your employer or another entity or person) then you are not a Customer, but are an End User ("End User") of SmartDraw.

The term "you" as used in this Privacy Policy includes the Customer and each End User as applicable. The Company is sometimes referred to in this Privacy Policy as "we" or "us."

Roles

End Users of SmartDraw should direct their data privacy questions to the Customer as the End User's use of SmartDraw is subject to that Customer's privacy policies. The Company is not responsible for the privacy or security practices of a particular Customer which may differ from this Privacy Policy. If you as an End User have any questions about privacy practices, please contact the Customer whose license of SmartDraw you use. You may also contact the Company at support@smartdraw.com or by phone at 1-800-768-3729 or 1-858-225-3300 and the Company will help you identify a contact for the Customer to whom to direct your privacy concerns.

SmartDraw Privacy Policy

What Information the Company Collects About You

The Company collects information about you when you provide it to us, when you use the Services, and when other sources provide it to us, as further described below.

Information You Provide To Us Directly

We collect the Customer's email address when it registers for a trial license and/or purchases a license for SmartDraw. At the time a license to SmartDraw is purchased, we may also collect the Customer's name, job title, phone number, fax number, your billing and shipping address, a VAT or GST tax exemption ID number (if applicable) and payment card information it provides. We will also collect the details about the license purchased such as the type and term of license, number of End Users, etc., along with any comments made in conjunction with your order. Similar information may be collected from each End User as they are authorized to use SmartDraw by the Customer.

We may also collect summary information from phone and email interactions you may have with our support and sales representatives, including additional information you may have provided during those interactions. In the online edition of SmartDraw, we also keep track of any preferences you set.

From time-to-time we may also collect information via surveys. Participation in these surveys is completely voluntary and you may choose whether or not to participate and disclose any information about you. Information requested on such surveys may include contact information (such as name and address), and demographic information (such education level, and job function). Survey information will be used only for purposes of improving the use and customer satisfaction of the Company's products and website. As a condition to participating in a survey, you will be asked to consent to our collection and use of survey information you provide.

Information You Provide To Us Indirectly

If you use our website we collect the same basic information that most websites collect. We use common Internet technologies such as cookies, pixel tracking and web server log data. The information we collect about all visitors to our website may include the browser type, IP address, referring site, additional websites requested, and the date and time of each visitor request. We collect this information from all website visitors, whether they have an account or not. A cookie is a piece of data that our server sends to your browser. Your browser may then store the cookie on your computer and read it back to our server if you visit our site again. These cookies allow us to create a more personalized experience for you while visiting our website and using SmartDraw. If you're concerned about cookies, you can have your browser notify you when it receives a cookie, giving you the choice to accept or decline it. Without cookies, however, you will not be able to log into your SmartDraw account or use the online edition of SmartDraw. Use of cookies are necessary to the performance of SmartDraw.

The Company uses third-party tracking tools to improve the performance and features of the Services, and to provide a more customized and relevant experience as you use the Services. These third-party tracking tools are designed to collect information about your use of the Services.

The Company uses Enhanced Google Analytics Tools (the "Google Analytics Tools") including Google AdSense, Remarketing with Google Analytics, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting and YouTube embedded videos as well as integrated services that require Google Analytics to collect data via advertising cookies and identifiers. You can learn more about the Google Analytics Tools at: https://www.google.com/policies/technologies/types/. Should you choose to no longer share your information with Google and no longer have your information collected by the Google Analytics Tools, you may opt-out by following the procedure outlined at: https://tools.google.com/dlpage/gaoptout/.

The Company uses Bing analytics and remarketing. Should you choose to no longer share your information with Bing, you may opt-out from Bing ad tracking by following the procedure outlined here: https://account.microsoft.com/privacy/ad-settings/signedout.

The Company uses Yahoo analytics and remarketing. Should you choose to no longer share your information with Yahoo, you may opt-out from Yahoo ad tracking by following the procedure outlined here: https://aim.yahoo.com/aim/sg/en/optout/.

When you communicate with the Company through social media, or provide a comment irected at us through social media, we may use social media and other communication mechanisms available to us to communicate with you. We may also promote content of interest to you through social media. You may opt out or configure your social media account settings to limit promotion of such content.

When you use the online edition of SmartDraw, in addition to the website information outlined above, we will also collect information about your activity when you use SmartDraw such as date and time of access, number of log-ins, UI elements clicked on, actions taken, data displayed, number of documents you created. We also store all of the documents you create using the online edition of SmartDraw on our servers, unless you choose to use a third-party document storage service such as Google Drive, Dropbox, Microsoft OneDrive, or Box. Should you choose to use our integration with a third-party document storage service to store your SmartDraw documents, the user information provided to the Company from the third-party document storage service is your first name, last name and email address. This will allow us to communicate with you (subject to the terms of this Privacy Policy). The documents you create and edit using SmartDraw and which are stored on one of the third-party document storage services will be uploaded to SmartDraw's servers during the time they are being edited, and the changes you make will be downloaded back to the third-party document storage service. A temporary copy of the SmartDraw document will remain on SmartDraw's servers until such time as the editing session has been completed and browser closed.

If you use the online edition of SmartDraw with third-party apps and add-ons (such as Atlassian's Confluence, Jira and Trello apps) information from your documents will be shared with those apps.

If you use the SmartDraw for Windows Desktop Edition, a validation feature will from time-to-time verifies that SmartDraw has been activated and is properly licensed. During such a validation check, the validation feature will send the version number and the unique License number to our servers to verify that the license remains valid. In addition, when installing the SmartDraw for Windows Desktop Edition, a messaging system is also installed in order to provide you with periodic licensing and updating reminders. The documents you create with the SmartDraw for Windows Desktop Edition are typically stored on your own computers and/or servers (or your own third-party storage services). You may, however, choose to access and use the storage capability of the online edition of SmartDraw (if you have a valid license) to store and interact with your documents using the SmartDraw for Windows Desktop Edition.

We do not knowingly collect information on children under the age of 18.

How We Use Information We Collect About You

The Company uses the information we collect to provide you with the Services, which includes using information to improve and personalize your experiences. We also use the information to communicate with you, for example, informing you about your account, new products or services available, security and other types of updates.

SmartDraw's use of information collected

Providing the Services to You

We use information we collect about you to provide, operate, support and improve the Services we offer to ensure our customers can use SmartDraw as effortlessly as possible. For example, information may be used to: (a) authenticate your identity when you register and each time you sign in; (b) notify you when subscriptions are due to expire, (c) to pre-populate forms, (d) integrate with third-party storage services, apps and add-ons that you use; and (e) otherwise as required by law. This processing is necessary for the performance of the agreements we have with you that permit you to use the Services.

Customer Support

We use information we collect about you to respond to customer inquiries, diagnose problems with SmartDraw, assist customers with their diagramming questions, and to provide other customer care and support services. This processing is necessary for the performance of the agreements we have with you that permit you to use the Services, as well as to serve our legitimate interest.

Product Improvement

We use information we collect about you for research purposes and to develop and improve our Services, including maintaining and improving the performance of SmartDraw, developing and adding new features or capabilities, such as using error reports to improve security features, and using search queries and clicks to improve the relevance of search results. This processing is necessary to serve our legitimate interest.

Security, Safety and Dispute Resolution

We use information we collect about you to protect the security and safety of our Services and our customers, to detect and prevent fraud, to resolve disputes and enforce our agreements. This processing is necessary to serve our legitimate interest.

Communication, Marketing and Advertising

We use the information we collect about you to deliver and personalize our communications with you. For example, we may contact you by email or other means of electronic communication (including through the SmartDraw for Windows messaging app) to inform you about available updates to SmartDraw including security or software upgrades. This processing is necessary to serve our legitimate interest.

The Legal Bases for Using Personal Information

There are different legal bases that we rely on to use your personal information. First, we use information we collect about you to enable us to perform the agreements we have with you that permit you to use the Services. For example, to complete your purchase of a license to SmartDraw, to register and maintain your account, to provide support, to handle refunds, to ensure that SmartDraw performs its basic functions in a secure way, or to respond to your requests. Without the use of this information, it would be difficult and in some cases impossible to make the Services available to you in a functional manner.

Next, we may use your information for our legitimate interests. For example, we rely on our legitimate interest to analyze and improve the Services and our content on the Services, to send you notifications about software updates or information about SmartDraw or to use your personal information for administrative, fraud detection or legal purposes.

How To Access and Control Information We Collect About You

You can request that the Company update your information, request a copy of your information or request the deletion of your information. You can exercise some of your choices by logging into SmartDraw, going to "Account" and using the settings available there. If you are an End User, you may need to contact the Customer to assist with your requests first. Your requests and choices may be limited in certain cases. For example, if fulfilling your request would reveal information about another person, or if you ask to delete information which the Company or the Customer are permitted by law or have compelling legitimate interests to keep, your choices may be constrained. Where you have asked us to share data with third parties, for example, by using a third-party document storage service or by using third-party apps and extensions that work with SmartDraw, you may need to contact those third-party service providers directly to have your information deleted or otherwise restricted.

You may opt out of receiving marketing communications from us by using the unsubscribe link within each email or by contacting us at support@smartdraw.com or by phone at 1-800-768-3729 or 1-858-225-3300 to have your contact information removed from our marketing email list. Even after you opt out from receiving marketing messages from us, you will continue to receive transactional messages from us regarding SmartDraw.

Even if SmartDraw is not currently provided to you by an organization, if you use an email address provided to you by an organization (such as your work email address) to access SmartDraw, then the owner of the domain associated with your email address (e.g. your employer) may assert administrative control over your account and use of SmartDraw at a later date. If you do not want an administrator to be able to assert control over your account or use of the SmartDraw, use a personal email address to register for a trial and/or to purchase SmartDraw. Please contact your organization or refer to your administrator's organizational policies for more information.

How We Store and Secure Information We Collect About You

We maintain administrative, technical, and physical safeguards to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of personal information you provide to SmartDraw. We control employee and contractor access to encrypted materials, and we also employ secure transmission protocols in sending you emails and other electronic communications. SmartDraw engages an outside auditing firm to conduct a Service Organization Control (SOC) 2 Type II audit each year to ensure we have the proper controls in place to protect your information.

SOC2 Audit

If you choose to purchase our products and/or services, your credit card number will be encrypted and will be transmitted securely to our PCI-compliant payment processor. You can verify encryption by looking for a closed lock icon in your web browser, or looking for "https" at the beginning of the address of the web page. If you have questions, comments or complaints regarding our security practices, please contact us at security@smartdraw.com. We will respond to your request as soon as possible.

How We Share Information We Collect About You

We do not share, sell, rent, or trade personal information with third parties for their commercial purposes. We share information with a limited number of third-party vendors who process it on our behalf to provide or improve our services, and who have agreed to privacy restrictions similar to our own Privacy Policy. Our vendors perform services such as payment processing, network data transmission, content delivery networks, and other services. You may also choose to use third-party document storage services, and third-party apps and extensions where information may be shared.

Information may also be transferred in connection with a business transition such as a merger, acquisition, restructuring, spin-off or other divestiture, insolvency, or asset sale involving SmartDraw and its company affiliates.

SmartDraw gives you the option to share documents. You may share these files privately with others that you specifically select, or make them public and post them on social media sites. The choice to keep files private, to share files with others, or to make them public is entirely yours.

EU-U.S. and Swiss-U.S. Privacy Shield and Dispute Resolution for Customers in the EU and Switzerland

As pertains to the Company's processing of personal data it receives from the EU and Switzerland ("EU-Swiss Data"), the Company complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. The Company has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. As a participant in the Privacy Shield program the Company is subject to the investigatory and enforcement powers of the Federal Trade Commission.

In compliance with the Privacy Shield Principles, the Company commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact the Company at privacy@smartdraw.com.

The Company has further committed to refer unresolved Privacy Shield complaints to Judicial Arbitration and Mediation Services ("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 specified by the Principles, you may also be able to invoke binding arbitration to resolve your complaint.

If the Company shares EU-Swiss Data with a third-party service provider that processes the data solely on the Company's behalf, then the Company will be liable for that third party's processing of EU-Swiss Data in violation of the Principles, unless the Company can prove that it is not responsible for the event giving rise to the damage.

Under the Principles, you have the right to access your information that the Company has collected from you. You may do so by contacting the Company via email at support@smartdraw.com or by phone at 1-800-768-3729 or 1-858-225-3300. You have the right to limit the use and disclosure of your personal data by not providing said information to the Company or by not using SmartDraw. The Company may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

You may request that the Company correct, amend, or delete your information where it is inaccurate, or has been processed in violation of the Principles, except where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of persons other than the individual would be violated.

Updates to Privacy Policy

We will occasionally update this privacy policy to reflect changes in our services and customer feedback. When we post changes to this policy, we will revise the "last updated" date at the top of this policy. If there are material updates to this policy or in how the Company will use your personal information, we will notify you by posting a notice of such an update on the privacy policy link and/or emailing you when implementing the change. We encourage you to periodically review this privacy policy to be informed of how the Company is protecting your information.

If you have questions, comments or complaints regarding this privacy policy or our privacy practices, please contact us at privacy@smartdraw.com.

Physical Address

SmartDraw Software, LLC
9909 Mira Mesa Blvd. Suite 300
San Diego, CA 92131
Phone: 800-768-3729 (toll-free)
Phone: 858-225-3300