Privacy Policy

Privacy Statement and Notice of Privacy Practices

Effective Date: July 1st, 2019 Scope

PLEASE READ THIS PRIVACY STATEMENT AND NOTICE OF PRIVACY PRACTICES CAREFULLY. This Privacy Statement and Notice of Privacy Practices (“Privacy Policy”) sets forth the privacy practices of Smart Eye Technology, Incorporated, located at 3340 Peachtree Road, NE Suite 1010, Atlanta, Georgia 30326 (collectively, “We” “Us” “Smart Eye” or the “Company”).

This Privacy Policy governs your use of the website located at www.getsmarteye.com, your use of the use of the Company’s mobile applications and mobile service offerings, your use of any affiliated third party websites that may contain a link to this Privacy Policy, or to any pages, facilities, services, or capabilities accessible and collectively herein after referred to as the Sites (the “Sites”).

This Privacy Policy shall apply strictly to information collected in the United States, and the use of the Sites, Product and Service defined below is restricted to end users based in the United States of America. In the event the Company expands its service offerings outside of the United States the Company may provide a modified version of the Privacy Policy to end users to conform to applicable international data protection and privacy laws.

This Privacy Policy describes how We treat your use of the Sites and when you use our product (“Product”) and service (“Service”) which we define below in the Description of Product and Service section of this Privacy Policy, including the collection, storage, transfer, sharing and handling of your personally identifiable information (“Personally Identifiable Information” or “PII”) and your non-personally identifiable information (“Non Personally Identifiable Information” or “NPII”) when you utilize the Sites or obtain our Product or Service.

Changes or Updates to this Privacy Policy

We reserve the right to revise or update this Privacy Policy at any time, and you agree to be bound by those revisions or updates through your continued use of the Sites. We will notify you of any changes to the Privacy Policy by posting the revised or updated Privacy Policy and its “Last Modified” date on the Sites. You should periodically read the Privacy Policy to learn of any revisions or updates. Absent material changes to this Privacy Policy, your use of the Sites thereafter constitutes your agreement to and acceptance of the Privacy Policy and its revisions or updates.

In the event we materially change the way in which we use your PII, we will provide you with at least 30 days’ notice and ask you to affirmatively accept the changes to a new Privacy Policy by posting a link to the revised version and by providing you with a conspicuous click-through acceptance option on the Sites so you can clearly make an informed choice to accept these material changes and a revised version of the Privacy Policy.

Acceptance of the Privacy Policy and Your Consent

This Privacy Policy is incorporated as part of the Terms of Service that apply with respect to your use of the Sites. The information you provide to us is also governed by the Terms of Service. This Privacy Policy does not apply to information you may choose to provide to us that does not display or link to this Privacy Policy or that does not have this Privacy Policy conspicuously displayed at the point of the collection of your information.

You affirm your acceptance of and your consent to this Privacy Policy by clicking “ACCEPT” on a conspicuously displayed “ACCEPT” button which can found in direct proximity to the hyperlinked version of the Company’s Privacy Policy located on the Sites.

Contact and Electronic Communications Opt Out

By providing your information on our Sites, you agree that we can communicate with you electronically regarding any security, privacy, or administrative issues relating to your use of the Sites or the Product or Service and generally for business purposes, i.e. notifications and important messages related to the use of our Product and Service. If, at any time after registering your information or after electing to sign up for the Product or Service, you change your mind about receiving information from us, send us a request specifying your new choice. Simply send your request to 3340 Peachtree Road, NE Suite 1010 Atlanta, Georgia 30326 or e-mail us at dexter@getsmarteye.com. If you have any specific questions about this Privacy Policy, please email us at dexter@getsmarteye.com.

Technical Description and Overview of the Product and Service

Smart Eye Technology was founded in January 2018 by Dexter Caffey. Mr. Caffey, while on a business trip to Israel speaking to cyber security professionals, noticed he could see every application on smart phones being used by participants around the room. Based upon this experience, Mr. Caffey decided to launch the Company. In a digitally connected world, securing data and sensitive information has become an increasing challenge.

Instances of “digital screen snooping,” meaning the act of unauthorized individuals observing the screens and documents of an unsuspecting user, are an increasingly common problem for individuals. Smart Eye’s technology is designed to ensure that the convenience offered by increasing accessibility of electronic documents is not threatened by the attention of unauthorized eyeballs.

Smart Eye Technology’s mobile application is designed to help secure and manage your data across multiple devices from any location and to securely enable sharing with trusted partners through reliance on biometric access and authentication. Smart Eye Technology’s continuous authentication system uses a combination of iris recognition, facial identification, and fingerprint recognition to provide greater security by immediately alerting and shutting off the document in the event an unauthorized user looks at the document (“Product”).

Smart Eye Technology’s cloud-based technology service is offered through the mobile application which provides you, as the end user, with a highly accurate, automated method of biometric identification to ensure secure access to business-confidential information is accessible only to authorized end users (“Service”) with whom you choose to share documents.

Information We Collect From You

We collect two types of information from you when you visit our Sites, register to download, and use our Product and Service: (1) “personally identifiable information” (as defined below) and (2) non-personally identifiable information (as defined below).

Personal Identifiable Information (“PII”)

Personally identifiable information includes, but is not limited to, your name, e-mail address, and phone number.

Use of Biometric Identifiers and Biometric Information Disclaimer

A subset of personally identifiable information under the terms of this Privacy Policy includes your biometric information in the form of biometric identifiers. For the purposes of this Privacy Policy, a biometric identifier may include a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry (“Biometric Identifiers”). More generally, biometric information may also include information such as Biometric Identifiers to identify an individual regardless of how such identifiers are captured, converted, sorted or shared (“Biometric Information”). Any Biometric Information we collect from you we collect and maintain in accordance with applicable state laws. For additional information please see the Legal Disclosures for the Use of Biometric Identifiers and Information.

Generally, we use your PII, including your Biometric Information, to enable your use of the Product and Service, administer your inquires, and help secure and manage access to the confidential documents you may wish to share with third parties utilizing the Product and Service.

Because the laws regarding the collection, use, storage, and retention are different for Biometric Information, the way we treat Biometric Information we collect from you in order to use the Product and Service is more specifically described under the terms of this Privacy Policy and, in many cases, is treated differently than PII.

When appropriate and as required by law, this Privacy Policy will describe the rights you have when it comes to the use of your Biometric Information under applicable law more specifically than the general PII we collect from you when we provide you the Product and Service.

Acceptance and Consent Process for the Collection of Biometric Identifiers

During the mobile application download and setup process, immediately after you input your name and create a username and prior to the collection of any of your Biometric Identifiers or Biometric Information. you will be directed to electronically sign and acknowledge a notice detailing that you: (1) acknowledge and consent to your Biometric Identifiers and Biometric Information being collected by Smart Eye; (2) acknowledgment of the purpose for which your Biometric Identifiers and Biometric Information are being collected; and (3) review and acknowledge the notice regarding the length of time for which Smart Eye will retain your Biometric Identifiers and Biometric Information. The requirements set forth in this section are mandatory and, if there is no acknowledgement, the setup process will terminate.

Non-Personally Identifiable Information (“NPII”)

Non-Personally Identifiable Information can be technical information or it can be demographic information, such as your age, gender, or interests. NPII may also mean aggregated, nonidentifiable, or anonymized information. NPII does not identify you personally. If you provide us with non-personally identifiable information, we may use it for the purposes described in this statement or where it is collected, or any other legal purpose.

Here are some examples of the ways in which we may collect and store your NPII through our Services, and how we use such information:

• Log Information. When you use our Service or view content provided by the Company, we automatically collect and store certain information in our server logs. This type of information includes: details of how you used our Service; IP address information (described below); web pages which have been viewed by a visitor; data and time; domain type; device event information such as crashes; system activity; hardware; settings; browser type or version; browser language; the date and time of your request; and referral URL.
• Internet Protocol (IP) Address. Your “IP address” is a number that lets computers attached to the Internet know where to send you data, such as the screens and pages of our Services that you view. We use this information to deliver our screens and pages to you upon request, to tailor our services to the interests of you and our other visitors, and to measure traffic to and within our services.
• Demographic Information. “Demographic information” may be your gender, age, zip code, and interests. We may collect such information about you through our Service and use it to provide you with personalized Service and to analyze trends to ensure that our services and the information on them are targeted to meet your needs. Please note that we also consider aggregated information, which is not personally identifiable, to be nonpersonally identifiable information.
• Mobile Device Information: Information that identifies your mobile device, such as: Electronic Serial Number (“ESN”) or International Mobile Equipment Identity (“IMEI”) data; device serial number; and media access control (“MAC”) address.

Sharing and Disclosure of PII and NPII

Personally Identifiable Information. Primarily, we may share or disclose your PII, excluding Biometric Identifiers or Biometric Information, in the following instances:

• To fulfill a service to you. For example, if you e-mail us a question, we may use your e-mail address to process your request and respond to your question.
• Where you have appropriately opted-in to the sharing of your PII with third parties, to offer you products from our affiliates, strategic partners, agents, or from third-party marketers and other unaffiliated parties that we believe may be of interest to you, or to assist such parties for research, administrative, and/or business purposes. These parties may contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes.
• To unaffiliated third-party service providers, agents, or independent contractors who help us maintain our services and us with other administrative services (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on our behalf). The Company requires these service-related companies to comply with the principles set out in the Privacy Policy, and requires them to use such information only for the purposes for which it was provided to them
• To comply with law, or in the good faith belief that such action is necessary to conform to the requirements of law, or comply with legal process served on us, and to protect and defend our rights or property, including our rights and property and our services, or act in urgent circumstances to protect the personal safety of you and our other visitors.
• To third parties as part of a corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
• To track and analyze NPII, i.e. non-identifying, aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
• To protect against fraud and potential fraud.

Non-personally Identifiable Information. We may share and disclose your NPII for the purposes described in this statement or where it is collected, or any other legal purpose, including, when and where applicable, sharing and disclosing non-personally identifiable information combined with PII.

General Legal Disclosure. We may disclose information about you and your use of the Service if we believe that such disclosure is permissible under applicable law and reasonably necessary to:

(i) Comply with the law and/or legal process where a formal request has been made (e.g. request from an administrative oversight agency, civil suit, subpoena, court order or judicial or administrative proceeding);

(ii) Protect or defend our rights and/or property or the rights and property of others;

(iii) Enforce our Terms of Conditions and/or this Privacy Policy;

(iv) Respond to claims that the content(s) of a communication violates the rights of another.

Also, circumstances may arise where, for business reasons, we may decide to reorganize, or divest all or part of our business through sale, assignment, merger or acquisition, or we may acquire a new business. In these circumstances, PII may be shared with the actual or prospective
purchasers or assignees, or with the newly acquired business. In such an event, we shall provide notice of any material change to this Privacy Policy, or our Services, in the manner described in this Privacy Policy.

Legal Disclosures for the Use and Disclosure of Biometric Identifiers in IL, TX and WA

For residents of IL: The Company maintains a written policy and retention schedule for the permanent destruction of Biometric Information. The required time frame for the destruction of Biometric Information is the earlier of: 1) the satisfaction of the initial purpose for collecting or obtaining such information has been satisfied, or 2) within three years of your last interaction with the Company. The Company does not disclose Biometric Information of IL residents to any third parties unless: 1) you have provided your consent; or 2) where otherwise disclosure is required by law, including pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction. The Company stores, transmits, and protects from disclosure all Biometric Information in accordance with the How We Protect Your Information section of this Privacy Policy.

For residents of TX: The Company does not collect Biometric Information for any commercial purposes but explicitly for security purposes only. The Company shall retain Biometric Information up until the first anniversary after the date the purpose for collecting the identifier expires. The Company does not disclose Biometric Information of TX residents to any third parties unless: 1) you have provided your consent to disclosure in the event of your disappearance or death; or 2) where disclosure is permitted or required by law or for a law enforcement purpose in response to a warrant. The Company stores, transmits, and protects from disclosure all Biometric Information in accordance with the How We Protect Your Information section of this Privacy Policy.

For residents of WA: The Company does not collect Biometric Information for any commercial purposes but explicitly for security purposes only. The Company does not disclose Biometric Information of WA residents for any commercial purpose unrelated to the initial transaction for which Biometric Information was provided unless: 1) you have provided your consent; 2) the disclosure is otherwise consistent with applicable Washington law regulating the collection and use of Biometric Identifiers and Biometric Information; 3) the disclosure is made to a third party who contractually promises that the Biometric Information will not be further disclosed and will not be enrolled in a database for a commercial purposes inconsistent with applicable law; 4) the disclosure is necessary to provide a product or service requested by the individual; 5) the disclosure is made to prepare for litigation or to respond to or participate in judicial process; or 6) the disclosure is required or expressly authorized by a federal or state statute or court order. The Company stores, transmits, and protects from disclosure all Biometric Information in accordance with the How We Protect Your Information section of this Privacy Policy.

Access and Ability to Correct Your Information

You may modify, correct, change, or request us to delete or update PII, excluding Biometric Information, that we have collected through the Sites by contacting us via postal mail, e-mail, or telephone, as provided in the Contact and Electronic Communication Opt Out section of this Privacy Policy.

Cookies and Other Technology

We use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We receive and stores information about how you use our website when you visit the Site. For example, we receive information that your browser or device sends to our servers whenever you visit the Sites. Your browser or device may tell us your internet protocol (IP) address used to connect your computer to the Internet, computer and connection information such as browser type, version, language and time zone setting, browser plug-in types, operating system, and type of device you are using. When you visit the Sites, your browser may also tell us information such as the actions you take on our Site, the page that led you to our Site and, if applicable, the search terms you typed into a search engine that led you to our Site.

You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the Sites. If you do not accept cookies, however, you may not be able to use all portions of the Sites or all functionality of the Services.

Third-Party Links and Websites

Our Sites may contain links to third-party services. While we endeavor to work with third parties that share our respect for user privacy, we are not responsible for the websites or privacy practices of such third-parties. You are responsible for knowing when you are leaving our website to visit a third party website, and for reading and understanding the terms of use and privacy policy statements for each such third party.

Children Under 13

The Sites, Product, and Service provided by the Company are not directed to persons under 13. We do not knowingly collect PII or any other information from children under 13. If you become aware that your child is accessing the Sites or Service and providing PII without your consent, please contact us by using the information provided in the Contact and Electronic Communications Opt-Out section of this Privacy Policy. We will take steps to remove PII from the Company’s servers and terminate the account should the Company determine that a child under 13 has accessed the Sites or Service.

Social Media and Community Platforms

Any information, communications, or material of any type or nature that you submit to the Sites or through the Service (including, but not limited to any Sites contained on a social media platform or website such as Facebook, Instagram or Twitter) by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”), is done at Your own risk and without any expectation of privacy. We cannot control the actions of other users of any social media platform or website and the Company is therefore not responsible for any content or Submissions contained on such sites and platforms. By visiting our Sites contained on a social media platform or website, you are representing and warranting to us that you have reviewed the applicable Privacy Policy and terms of use of such platform or website and that you will abide by all such provisions contained therein. We may provide public areas on our services, such as forums and chat rooms, where you can post information about yourself and others. Please exercise discretion and use caution with respect to your information, especially in such public
areas. We do not control who reads postings on our Sites, or how they may use or disclose such information. If you choose to voluntarily disclose information on public portions of our Sites, that information will be publicly available and can be collected and used by others. For example, if you post your e-mail address, you may receive unsolicited messages. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION ABOUT YOURSELF OR OTHERS IN PUBLIC AREAS OF OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF SUCH INFORMATION

Advertisers and Marketing

We may also use third-party advertisers, ad networks, and other advertising, marketing, and promotional companies, to serve advertisements about our Product and Service. Such third parties may gather information about your visit to our Sites, monitor your access to or market products or services to you, monitor the ads you view, click on, or interact with, when they were delivered, and the screens and pages that they are on. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt out by clicking here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

To learn more about these practices, as well as your choices regarding the practices of these third-party advertising companies, you may wish to visit http://www.networkadvertising.org/optout_noNPIIi.asp and/or http://www.aboutads.info/choices/#completed. Both the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”) websites provide information regarding their respective members practices and your choices regarding having your information used by these companies, including the opt out procedures. Opting out of one or more NAI or DAA members only means that those NAI or DAA members no longer will be allowed under their own rules to deliver advertisements to you based on your visits to this site and other sites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt out page, or you subsequently erase your cookies, use a different device or change web browsers, your NAI or DAA opt out may not, or may no longer, be effective. We are not responsible for effectiveness of or compliance with any third parties’ opt out options or programs.

We do not endorse these parties, their content, or any products and services they offer. You are responsible for knowing when you are leaving our website to visit a third-party website, and for reading and understanding the terms of use and privacy policy statements for each such third party. We are not responsible for, and will not be liable for, their conduct, actions, omissions, or information handling or dissemination practices.

How We Protect Your Information

No data transmissions over the Internet are completely secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us or others over the Internet. You transmit such information at your own risk. Once we receive your transmission, we make reasonable efforts to ensure the security of our systems. We use encryption to protect your information from unauthorized access, disclosure, alteration, or destruction. However, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of our systems or our secure servers.

California Residents’ Rights

(As provided by California Civil Code Section 1798.100)

You have certain rights under the California Consumer Privacy Act (“CCPA”) of 2018. Under the CCPA you have the right to disclosure of all of the categories and specific pieces of PII we have collected from you. You have the right to request that we delete any PII we have collected from you. You also have the right upon a verifiable request from you access to personal information and to obtain the information free of charge to the extent technically feasible. For more information on your rights under the CPPA please contact us by e-mail.

(As provided by California Civil Code Section 1798.83)

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California Customer” or “Customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy statement) a policy of not disclosing Customer’s personal information to third parties for their direct marketing purposes unless the Customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a costfree means to exercise that right.

As stated in the Sharing and Disclosure of PII section of this Privacy Policy privacy policy statement, the Company does not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure — typically by opting-in to receive information from a third party. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt-in to such use when you provide personal information on our website.

Please note that whenever you opt-in to receive future communications from a third party, your information will be subject to the third-party’s privacy policies and practices. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policies and practices of any party that collects your information to determine how that entity will handle your information. California Customers may request further information about our compliance with this law by e-mailing __dexter@getsmarteye.com___. Please note that we are only required to respond to one request per Customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

California Do Not Track Notice

Some browsers have a “Do Not Track” feature that lets you tell websites and online services that you do not want to have your online activities tracked. Such browser features and industry standards are not uniform, so our Sites do not respond to those signals. Our Privacy Policy describes our policies on data collection and tracking.