Smili Phone or the term “us”, “we”, or “our” refers to the owner of this website and provider of the services. The term “you” refers to the user or viewer of this website or any of the services provided by Smili Phone. This page informs you of our policies regarding the collection, use, and disclosure of personal information we receive from you.
In order for our sites, products, and services (collectively “services”) to function properly, we need to collect and use some of your personal information. We want you to understand what personal information we collect and how it is used.
This policy does not cover, and we are not responsible for, third-party websites or applications that may be linked from our services; linking to them does not imply an endorsement. We are not responsible for these websites or applications or any information they may collect. You should always review the privacy policy of any third-party website or application that collects your personal information.
Personal information we collect
While using our services, we may ask you to provide us with certain personal information. Personal information refers to information that is linked or linkable to you and may include the information listed below depending upon which of our services you choose to use.
Online
As part of the process of visiting our websites or using our mobile applications, we may automatically collect your internet protocol address/location, information your internet browser or mobile device provides, and any information that is entered while visiting our website or using our mobile applications. By using the website or mobile application, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this privacy policy, terms used have the same meanings as in our Terms and Conditions.
Log Information
Smili Phone also automatically gathers and stores certain information in our server logs about the use of our services, including the number of unique visitors, the frequency of visits, how users interact with our services, user experience preferences, and other information that may help us improve the user experience, market our products, mitigate fraudulent activity, and comply with legal requirements. Such information may include personal information such as: IP address, Unique Device Identifier, content of web pages, transaction with APIs (Application Program Interface), transactions with IVR (Interactive Voice Response) systems, activity and content of visitor interaction with call center representatives; application usage activity, hardware information, hardware and system settings, browser type, browser language, the date and time of your request, or referral URL. Search queries may be saved and data later used to see which pages on the website garner the most attention from customers.
Cookies, Pixel Tags, and Using a Third-Party Account
Smili Phone and its partners use cookies or similar technologies on our websites to analyze trends, administer the site, track users’ movements around the site, tailor and deliver advertising that may be more relevant or interesting to you, and to gather demographic information about our user base as a whole.
Cookies
A cookie is a small data file that is managed by your web browser or other application and stored on your local system. We use session and persistent cookies to, among other things, identify your device during a particular interaction and analyze your behavior during a particular visit. Most web browsers provide you with the ability to accept or decline cookies, as well as to be advised each time a cookie is being sent. If you choose to decline cookies, you may not be able to fully use our services.
Pixel Tags
Pixel tags, also known as web beacons, help us better manage user experience and content tracking. They also help us engage users who have searched for, viewed, and/or purchased our services or similar services. Pixel tags are tiny graphics with a unique identifier, which provide a similar function to cookies and are used to track user interaction with content provided by us, an affiliate organization or a non-affiliated company to assist us in providing, maintaining and operating our marketing. In contrast to cookies, which are stored on a user’s device hard drive, pixel tags are embedded within content. The small size and transparency of pixel tags are not intended to deceive content recipients, but rather minimize distraction.
Do Not Track
Do-Not-Track is a public-private initiative, http://www.w3.org/2011/tracking-protection/, that has developed a technical “flag” or signal that an end-user may be able to activate within their browser software to notify sites that they do not wish to be “tracked” by third parties as defined by the initiative. The initiative, however, has not reached a consensus as to exactly what technical or other actions those parties receiving the signal should take. As a result, Do-Not-Track has not yet been standardized and most sites, including our sites, do not alter their behavior or change their services when they receive a “do-not-track” flag or signal. You can, however, make decisions about your privacy and the advertisements you receive.
Associations in the digital advertising ecosystem provide methods for specifically opting out of interest-based advertising, including the Digital Advertising Alliance click here and the YourOnlineChoices page click here.
Please note, however, that if you do decide to block cookies or similar technologies, some parts of our sites may not function correctly.
Using a Third-Party Account on our Services
If you use a third-party service (such as Google, Facebook, or other social media platforms) to create an account, we may receive personal information that you allow such third-party service to share with us such as your name, e-mail address, profile picture, or other personal information. The third-party service may also collect information about you that you have agreed to in their terms of service or privacy policy. Please check with the third-party service for more details.
In person
When SMILIPHONE provides you services, either remotely or in one of our stores, we may collect personal information from you, such as:
- Name;
- Mailing address;
- Email address;
- Cell phone number;
- Electronic Serial Number (“ESN”) or International Mobile Equipment Identity (“IMEI”) data;
- Device information, for example serial number or media access control (“MAC”) address;
- Records of products or services you have purchased from us;
- Any information that you provide as part of purchasing our services, for example payment card information;
- Video or audio recording in our stores, for example security cameras in certain locations where permitted by law
Services Performed at Your Home or Other Location
Please be aware that if you are receiving services at your home or other location, the service provider may be able to view anything visible to visitors in your home, which may include personal information.
For services such as technology consultations or in-home repairs, with your consent, the service provider may need to access your device to perform services requested by you such as changing settings, backing up your data, or provide technology set-up or advice.
If you are receiving a device repair as part of an insurance claim, the service provider may need to take photographs of your device to confirm that it is damaged and has been repaired. Be aware that any information displayed on your device or surrounding areas may be visible in the photo.
Other personal information
We may leverage external data sources in order to provide context and background on the users of our services in order to improve customer experience, mitigate fraud or malicious activity, or comply with internal company and external regulatory requirements.
We also draw inferences from the personal information we collect from you to potentially offer products or services that we believe would be a good fit for you (Note: at any time you may choose to withdraw your consent to our use or disclosure of your personal information for marketing and promotional purposes by contacting us as outlined in the Contact Us section of this privacy policy.)
How we use your personal information
Smili Phone may use your Personal Information to:
- Fulfill a service to you;
- Establish and verify your identity;
- Activate and maintain your account;
- Provide technical support;
- Protect and improve our services;
- Offer updates, notices and other information about applications and services available from Smili Phone or its affiliates as permitted by law. (Note: at any time you may choose to withdraw your consent to Smili Phone use or disclosure of your personal information for marketing and promotional purposes by contacting us as outlined in the Contact Us section of this Policy);
- Respond to your questions, inquiries, comments and instructions.
- To enforce the applicable Terms and Conditions.
- Comply with the law and defend our rights.
- Track and analyze de-identified data and provide such data to third parties that provide services to Smili Phone.
- Protect against fraud and potential fraud.
- Notify you of any known breach of your personal information; and
- Maintain the security and integrity of Smili Phone systems and services.
Sharing
Smili Phone may share your personal information with companies that are affiliated (that is, that control, are controlled by, or are under common control) with Smili Phone.
We may also share your personal information with non-affiliated companies to assist us in providing, maintaining and operating our services or marketing. These companies are required to comply with the principles set out in this policy and only use such information for the purposes for which it was provided to them; and
There may be instances when Smili Phone may disclose personal information without providing you with a choice in order to protect the legal rights of Smili Phone, other affiliated companies or their employees, agents, and contractors; to protect the safety and security of visitors; to protect against fraud or for risk management purposes; or to comply with the law or legal process. In addition, if Smili Phone sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, Smili Phone may transfer your personal information to a third party as part of that transaction.
Security
We use commercially reasonable, industry standard technical, administrative, and physical controls to protect your personal information, including encryption where appropriate; however, since the internet is not a 100% secure environment, we cannot ensure the security of information during its transmission between you and us. Accordingly, you acknowledge that when you transmit such information, you do so at your own risk. We will notify you of any confirmed security breach of your personal information to the extent required by and in accordance with state and federal law.
Changes to This Privacy Policy
Smili Phone may update this Privacy Policy from time to time. If we make any changes to our Privacy Policy, we will change the modified date near the top of this page. You are advised to review this Privacy Policy periodically for any changes.
Where applicable to the service you purchase, if we make material changes to this Privacy Policy, we will make best efforts to notify you of the material change electronically and seek your affirmative consent if necessary, under applicable law.
Access and Choice
Smili Phone has implemented the following procedure that you may use to access, correct, or delete your personal information, or choose how your information is used. If you would like to know the types of information that Smili Phone collects from visitors to its website, please email or write us at the address listed below under Contact Us. If your personal information is incorrect, you may correct the information by sending a written request for correction to the address listed below. If you wish to stop receiving email marketing promotions from Smili Phone, please contact us by using the information provided below in the Contact Us section or click the unsubscribe link included in the email.
Children under 13
Our services are not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that your child is accessing the services and providing personal information without your consent, please contact us by using the information provided below in the Contact Us section. We will take steps to remove personal information from our storage systems and terminate the account if we determine that a child under 13 has accessed the services.
For non-U.S. residents
We may transfer personal information that we collect about you outside of the country in which it was collected. If you are visiting from the European Union or other region with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information about yourself, including your personal information, to a country and jurisdiction that does not have the same data protection laws in place as the European Union or other region. By doing so, you are consenting to the transfer of information about yourself, including your personal information, to the United States, as described in this Policy.
Your California privacy rights
California Shine the Light Law
California residents may opt-out of Smili Phone disclosing their personal information to third parties for their marketing purposes. If you are a California resident and do not want Smili Phone to disclose your information to third parties for their marketing purposes, please contact us by any of the ways described in the Contact Us section below and we will respond within 30 days.
California Consumer Privacy Act (CCPA)
The CCPA provides privacy protections for California consumers through the provision of certain disclosures and granting of specific rights. If you are a California consumer, the following sections provide you with these disclosures and information about your rights and how to exercise them, should you choose to do so.
Categories of personal information we collect
We may collect the categories of personal information described in the personal information we collect section of this policy. These categories are classified under the CCPA as follows:
Personal Information under CCPA | Categories of Personal Information |
Identifiers | Name, mailing address, email address, cell phone number, electronic serial number (“ESN”) or International Mobile Equipment Identity (“IMEI”), device serial number, and media access control (“MAC” address), CallerID / ANI (Automatic Number Identification) information |
California Customer Records personal information categories | Name, mailing address, email address, cell phone number, electronic serial number (“ESN”) or International Mobile Equipment Identity (“IMEI”), device serial number, media access control (“MAC”) address, CallerID / ANI (Automatic Number Identification) information, and financial information such as credit card number and debit card number |
Commercial information | Records of products or services you have purchased from us |
Internet or other similar network activity | Information we collect when you visit our websites our use our mobile applications: IP address, unique device identifier, the content of web pages, transactions with APIs (Application Program Interface), hardware information, hardware and system settings, browser type, browser language, the date and time of your request, referral URL, cookies, and pixel tags |
Geolocation Information | GPS, cell tower, and Bluetooth location data if you enable geolocation on your device operating system and are you using a location-based service. You may turn this off at any time within the device settings |
Sensory information | Audio information from customer interactions with call center representatives, audio/video inside our store locations, or photos of your device taken by a service provider to confirm that it was damaged and has been repaired |
Inferences from Personal Information | Inferences we draw from the personal information we collect from you to potentially offer products or services that we believe would be a good fit for you |
Categories of sources of personal information
We collect personal information from the following categories of sources:
Directly from you;
Partners and affiliates that assist us in providing products and services to you;
Non-affiliated companies to assist us in providing, maintaining and operating our services or marketing; and
Non-affiliated companies that provide us with demographic information.
Business purposes for collecting personal information
We may use or disclose the personal information we collect for one or more of the following business purposes:
Fulfill a service or market a new service or product to you;
Establish and verify your identity;
Activate and maintain your account;
Provide technical support;
Protect and improve our services;
Offer updates, notices and other information about applications and services available from Smili Phone or its affiliates as permitted by law. (Note: at any time you may choose to withdraw your consent to Smili Phone use or disclosure of your personal information for marketing and promotional purposes by contacting us as outlined in the Contact Us section of this Policy);
Respond to your questions, inquiries, comments and instructions;
To enforce the applicable Terms and Conditions;
Comply with the law and defend our rights;
Track and analyze de-identified data and provide such data to third parties that provide services to Smili Phone;
Protect against fraud and potential fraud;
Notify you of any known breach of your personal information; and
Maintain the security and integrity of Smili Phone systems and services.
Disclosure of personal information for a business purpose
We may disclose your personal information to the following categories of third parties:
Non-affiliated companies to assist us in providing, maintaining and operating our services or marketing. These companies are required to comply with the principles set out in this policy and only use such information for the purposes for which it was provided to them; and
A third-party, in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of its business or of any assets or shares of our business or a division thereof in order for you to continue to receive the same or similar products and services from the third-party. In such an event, we will provide notice of any material change to this policy, or our Services, in the manner described in this Policy. In these circumstances, Personal Information may be shared with the actual or prospective purchasers or assignees, or with the newly acquired business.
We may disclose the following categories of personal information to third parties for a business purpose:
Identifiers;
California Customer Records personal information categories;
Commercial information;
Internet or other similar network activity;
Sensory information (i.e., audio information); and
Inferences drawn (e.g., preferences) from personal information.
Sale of your personal information
We do not sell any personal information as the term is traditionally understood. However, under the CCPA, certain methods of advertising we use could be considered a sale of your personal information to third parties that assist us in providing, maintaining and operating our marketing. This personal information may include the following categories:
Identifiers;
Internet or other similar network activity; and
Inferences from personal information.
We use this personal information to tailor and deliver advertising that may be more relevant or interesting to you, including serving targeted ads.
You may opt out of the sale of your personal information by contacting SMILIPHONE as provided in the Contact Us section below.
In addition, if you visit our website, we engage in selling that may not identify you specifically, but rather the device you use. You may opt out of this type of selling by toggling off certain cookies or other similar technologies. This is done by navigating to the “Do Not Sell My Personal Information” link on our homepage, selecting “Sale of Personal Information” and toggling off “Targeting Cookies.” You may also opt out of this type of selling by blocking and deleting cookies or similar technologies in your browser. Please note, however, that if you do decide to block cookies or similar tracking technologies, some parts of our sites may not function correctly.
We do not sell the personal information of individuals under the age of 16 if we have actual knowledge of the individual’s age.
Access to and deletion of your personal information
Information Request: By submitting an information request, you may ask that Smili Phone provide you with a copy of your personal information.
Deletion Request: By submitting a deletion request, you may ask that Smili Phone delete any of your personal information that we have collected about you and retained, subject to certain exceptions. These exceptions include but are not limited to the following:
Providing a good or service that you requested, taking actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise performing our contract with you;
Detecting security incidents and protecting against fraud or illegal activity;
Debugging products and services;
Enabling solely internal uses that are reasonably aligned with consumer expectations;
Complying with a legal obligation; and
Making other internal and lawful uses of your personal information that are compatible with the context for which you provided it.
To make such an access or deletion request, please contact Smili Phone as provided in the Contact Us section below. We will not discriminate against you for exercising any of your rights related to your personal information.
Contact Us
If you have any questions about this Privacy Policy, please contact us at (858) 746- 4029 or by mail at Smili Phone, 1882 W El Norte Parkway, Suite B16, San Marcos, CA 92069.
