Privacy Policy - Smartway AI Inc. (US)
Effective Date: March 24, 2025
Last Updated: February 24, 2026
SMARTWAY INC., a Delaware corporation doing business in California as SMARTWAY AI INC. ("Smartway," "we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard personal information when you visit our website at smartway.ai (the "Site") or use our software-as-a-service products, including Smartdetection and Smartdecision (the "Services").
This Privacy Policy applies to personal information we collect from:
- Visitors to our Site
- Customers and prospective customers who use or inquire about our Services
- Authorized users of our Services (employees, contractors, or agents of our business customers)
Important: If you are an authorized user of our Services through your employer or organization, your use of the Services is subject to your organization's policies, and your organization controls the personal information processed through the Services. Please contact your organization for questions about how it handles your personal information.
1. Information We Collect
We collect personal information in the following categories:
1.1 Information You Provide Directly
Account and Registration Information:
- Name, email address, phone number, job title, company name
- Account credentials (username, password)
- Billing and payment information (credit card details, billing address)
- Communication preferences
Customer Data:
- When you use our Services, you may upload, submit, or transmit data, including personal information related to your business operations (e.g., employee names, store data, sales information). We process this data on behalf of our business customers as a service provider under applicable data protection laws. See Section 9 (Data Processing for Business Customers) for more information.
Communications:
- Information you provide when you contact us (e.g., customer support inquiries, feedback, survey responses)
1.2 Information Collected Automatically
Usage and Device Information:
- IP address, browser type, operating system, device identifiers
- Pages visited, links clicked, features used, time spent on the Site or Services
- Referring website, date and time of access
Cookies and Tracking Technologies:
- We use cookies, web beacons, and similar technologies to collect information about your interactions with the Site and Services. See Section 8 (Cookies and Tracking Technologies) for more information.
Log Data:
- Server logs, error reports, performance metrics, and system activity
1.3 Information from Third Parties
We may receive personal information from:
- Third-party service providers (e.g., analytics providers)
- Publicly available sources (e.g., business directories, LinkedIn)
- Your organization (if you are an authorized user)
2. How We Use Your Information
We use personal information for the following purposes:
To Provide and Improve Our Services:
- Create and manage accounts
- Process transactions and send billing invoices
- Provide customer support and respond to inquiries
- Monitor, analyze, and improve the functionality and performance of the Services
- Develop new features and offerings
For Business Operations:
- Communicate with you about the Services, updates, security alerts, and administrative messages
- Conduct marketing and promotional activities (with your consent where required)
- Conduct research, analytics, and benchmarking (using anonymized or aggregated data)
- Detect, prevent, and respond to fraud, security incidents, or other harmful activities
- Comply with legal obligations and enforce our Terms of Service
With Your Consent:
- For any other purpose disclosed to you at the time of collection and with your consent
3. How We Share Your Information
We may disclose personal information in the following circumstances:
Service Providers:
We share personal information with third-party vendors, consultants, and service providers who perform services on our behalf, including:
- Cloud hosting and infrastructure providers (Amazon Web Services)
- Customer support and communication tools
- Analytics and performance monitoring tools
These service providers are contractually obligated to use personal information only for the purposes we specify and to protect it consistent with this Privacy Policy.
Business Customers:
If you are an authorized user, we may share your usage data with your organization (our business customer).
Legal and Compliance:
We may disclose personal information to:
- Comply with applicable laws, regulations, legal processes, or governmental requests
- Enforce our Terms of Service or other agreements
- Protect the rights, property, or safety of Smartway, our customers, or others
- Detect, prevent, or address fraud, security, or technical issues
Business Transfers:
If Smartway is involved in a merger, acquisition, asset sale, or bankruptcy, personal information may be transferred to the successor entity. We will notify you of any such change in ownership or control.
With Your Consent:
We may share personal information for any other purpose with your consent or at your direction.
Aggregated or Anonymized Data:
We may share aggregated or anonymized data that does not identify you personally for analytics, benchmarking, or other business purposes.
4. Data Retention
We retain personal information for as long as necessary to:
- Provide the Services and fulfill the purposes described in this Privacy Policy
- Comply with legal, regulatory, tax, or accounting requirements
- Resolve disputes and enforce our agreements
When personal information is no longer needed, we will securely delete or anonymize it. Specific retention periods depend on the nature of the data and applicable legal requirements.
Customer Data: If you are a business customer, you control the retention and deletion of Customer Data submitted to the Services. Upon termination of your account, we will make Customer Data available for download for thirty (30) days, after which we may delete it unless legally required to retain it.
5. Your Privacy Rights
Depending on your location, you may have the following rights regarding your personal information:
Access and Portability:
You may request a copy of the personal information we hold about you.
Correction:
You may request that we correct inaccurate or incomplete personal information.
Deletion:
You may request that we delete your personal information, subject to certain exceptions (e.g., legal obligations, legitimate business purposes).
Opt-Out of Marketing:
You may opt out of receiving marketing communications by following the unsubscribe instructions in our emails or contacting us directly.
Do Not Sell My Personal Information:
Smartway does not sell personal information as defined under California law (see Section 7).
Non-Discrimination:
We will not discriminate against you for exercising any of these rights.
How to Exercise Your Rights:
To exercise any of the above rights, please contact us at contact@smartway.ai or write to us at:
SMARTWAY INC.
8 THE GREEN, STE B
DOVER 19901, KENT, DE
We will respond to your request within the timeframe required by applicable law (typically 30-45 days). We may request additional information to verify your identity before processing your request.
6. California Privacy Rights (CCPA/CPRA)
If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):
Right to Know:
You have the right to request:
- Categories of personal information we collect, use, and disclose
- Specific pieces of personal information we hold about you
- Sources from which we collect personal information
- Business or commercial purposes for collecting personal information
- Categories of third parties with whom we share personal information
Right to Delete:
You have the right to request deletion of personal information we collected from you, subject to certain exceptions.
Right to Correct:
You have the right to request correction of inaccurate personal information.
Right to Opt-Out of Sale or Sharing:
You have the right to opt out of the "sale" or "sharing" of personal information (as defined under CCPA/CPRA). Smartway does not sell or share personal information for cross-context behavioral advertising.
Right to Limit Use of Sensitive Personal Information:
If we collect sensitive personal information (as defined under CPRA), you have the right to limit its use to purposes permitted by law.
Authorized Agent:
You may designate an authorized agent to submit requests on your behalf. We may require proof of authorization.
How to Submit a Request:
California residents may submit requests by email at contact@smartway.ai or by writing to the address above.
We will verify your identity before processing your request and respond within 45 days (extendable by an additional 45 days if needed).
7. Do Not Sell My Personal Information
Smartway does not sell personal information as defined under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). We do not exchange personal information for monetary or other valuable consideration.
We may share personal information with third-party service providers for business purposes, as described in Section 3 (How We Share Your Information), but these disclosures are not considered "sales" under California law.
8. Cookies and Tracking Technologies
We use cookies and similar tracking technologies to collect information about your interactions with our Site and Services. Cookies are small text files stored on your device that help us provide, secure, and improve our Services.
Types of Cookies We Use:
Essential Cookies:
Required for the Site and Services to function properly (e.g., authentication, security, load balancing).
Analytics Cookies:
Help us understand how visitors use our Site and Services (e.g., Google Analytics).
Functional Cookies:
Remember your preferences and settings to enhance your experience.
Marketing Cookies:
Used to deliver relevant advertisements and measure campaign effectiveness (if applicable).
Managing Cookies:
You can control and delete cookies through your browser settings. Note that disabling certain cookies may affect the functionality of the Site and Services.
For more information about cookies and how to manage them, visit www.allaboutcookies.org.
9. Data Processing for Business Customers
When you use our Services as an authorized user on behalf of your organization (our business customer), we act as a service provider (under CCPA) or processor (under GDPR) of personal information contained in Customer Data.
Our Role:
- We process Customer Data solely on behalf of our business customer and according to their instructions.
- Our business customer (your organization) is the business (under CCPA) or controller (under GDPR) and determines the purposes and means of processing.
- We do not use Customer Data for our own purposes beyond providing the Services.
Your Rights:
If you are an authorized user, please direct any privacy requests regarding Customer Data to your organization, as they control such data.
Data Processing Agreement:
Our business customers enter into a Data Processing Agreement (DPA) that governs our processing of Customer Data, available on smartway.ai.
10. Security
We implement reasonable administrative, technical, and physical safeguards to protect personal information from unauthorized access, use, disclosure, alteration, or destruction. These measures include:
- Encryption of data in transit and at rest
- Access controls and authentication mechanisms
- Regular security assessments and monitoring
- Employee training on data protection practices
However, no security system is impenetrable. We cannot guarantee the absolute security of personal information. If you believe your account has been compromised, please contact us immediately.
11. International Data Transfers
Smartway is based in the United States. If you access our Services from outside the United States, your personal information may be transferred to, stored, and processed in the United States or other countries where our service providers operate.
These countries may have data protection laws that differ from those in your jurisdiction. By using our Services, you consent to the transfer of your personal information to the United States and other countries.
If you are in the European Economic Area (EEA) or United Kingdom, we rely on Standard Contractual Clauses (SCCs) or other lawful transfer mechanisms approved by the European Commission or UK authorities to transfer personal information to countries outside the EEA/UK.
12. Children's Privacy
Our Services are not directed to individuals under the age of 16, and we do not knowingly collect personal information from children under 16. If we become aware that we have collected personal information from a child under 16, we will take steps to delete such information promptly.
If you believe we have collected personal information from a child under 16, please contact us at contact@smartway.ai.
13. Third-Party Links
Our Site and Services may contain links to third-party websites or services that are not operated by Smartway. This Privacy Policy does not apply to those third-party sites. We encourage you to review the privacy policies of any third-party sites you visit.
14. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or for other operational reasons. We will notify you of material changes by:
- Posting the updated Privacy Policy on our Site with a revised "Last Updated" date
- Sending an email notification to the address associated with your account (if applicable)
- Providing in-product notifications
Your continued use of the Services after the effective date of the updated Privacy Policy constitutes your acceptance of the changes.
15. Contact Us
If you have questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us:
SMARTWAY INC.
d/b/a SMARTWAY AI INC.
Privacy Contact:
Email: contact@smartway.ai
Address: 8 THE GREEN, STE B, DOVER 19901, KENT, DE
For California residents, you may also contact us using the methods above to submit CCPA/CPRA requests.
By using our Site or Services, you acknowledge that you have read and understood this Privacy Policy.