Last updated: [August 6th, 2022]
We are smukme ApS, company incorporated registered in Denmark, under CVR number 43396382, with registered office address in Chr M Østergaards Vej 4A, 8700 Horsens. (“smukme“, “we“, “us” and “our“).
These are Terms of Service and Conditions (“Terms of Service“) between you and smukme for the use of the smukme Platform.
These Terms of Service apply to each booking you make through the smukme Platform (as defined below), including our online booking services or ordering any products.
“Affiliate” means in relation to smukme any entity that from time to time directly or indirectly controls, is controlled by, or is under common control with smukme;
“Apps” means the smukme applications available on the Google Play Store or the Apple App Store;
“User” means an individual using any of our Apps;
“smukme” means smukme.com, registered in Denmark under CVR number 43396382, with registered office address in Chr. M. Østergaards Vej 4A, 3, 8700 Horsens.
“Partner” means a business owner who uses the smukme app to make bookings and engage with customers;
“Services” means any of the services we provide to Partners or individuals through our Apps and Websites; and
“Websites” means www.smukme.com, including all subdirectories, subdomains.
2. The Personal Information We Collect
We collect personal information (meaning anything that could identify you either by itself, or when combined with other information we are able to gain access to), as described below. When you use our Services, we collect information that your browser sends to us that is called log data, which may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics. You can always choose not to provide us with your personal information, but it may mean that we are unable to provide you with the Service you have requested.
Information you provide to us when creating an account.
When you create an account using either of our Apps or Websites, you provide us with personal information, including your name, e-mail address, postal address, a password, the name of your business (if you are a Partner) and your phone number (if your device has one). We also collect demographic information such as your birth date, age, gender and lifestyle.
Information we collect as you use our Services.
Apps and Browsers
We collect information about your device when you download and install one of our Apps, and about your browser when you visit either of our Websites.
The information we collect includes:
- how you found our Website: including but not limited to whether you discovered us through a search engine, a partner website, an ad campaign, or email campaign;
- technical information: your IP address, device type, language and region settings, and other details about how you interact with our Apps and Website
- location information: if you have activated one of our Apps and permitted your mobile or other location-aware device to transmit location data, we will collect this automatically. This may include country, province, city, or neighborhood information.
When Using Our Services
We collect personal information when you use our Services. This may include:
- areas of interest: including the types of Partner offerings that interest you;
- referrals: information about friends who referred you, or who you have referred to smukme;
- participation: we will collect and retain the comments you make to the forums, bulletin boards, discussion groups, chat rooms, reviews, or other methods of communication that may be offered on or through our marketplace from time to time, including those you make on our social media pages;
- transaction details: information about how you interact with the smukme app, such as Partner offerings you view, purchase, redeem, and/or post, and the Partners you add to your favorites page
- financial account information: we collect minimal financial information as needed for our payment processing partners in order to provide payments functionality to our Partners (such as your credit or debit card number, expiration date, and card verification number).
If you are a Partner, we will collect the following details about you:
- bank details: in order to submit payments to you, we need to collect your bank account and sort code;
- business related information: your business name, a description of your business, titles, names, and bios of your staff members;
- availability and scheduling information: information about your business calendars and staff availability from your smukme account;
- social media information: information from your Facebook page, Twitter feed, LinkedIn profile;
- customer information: where you upload your customer database to our servers, we will retain the personal information it contains subject to our Data Retention Policy in Section 8.
A cookie is a small file of letters and numbers that we store on your browser or device if you agree. Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions. When you access these pages or open email messages, the pixel tags and web beacons generate a notice of that action to us or our service providers. These tools allow us to measure response to our communications and improve our web pages and promotions.
We use the following types of cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our Websites. They include, for example, cookies that enable you to log into secure areas of our Websites.
- Analytical/performance cookies. These cookies allow us to recognize and count the number of visitors and to see how visitors move around our Websites. This helps us to improve the way they work, for example, by ensuring that users are finding what they are looking for easily. We use these to remember who you are and keep track of your preferences, e.g. the cities for which you want to be shown Partner offerings. We may also collect information about the website you were visiting before you landed on one of our own, and the website you visit after you leave our own, if this information is supplied to us by your browser.
Targeting and Remarketing Cookies from Third-party Advertising Networks. smukme has relationships with third party advertising companies to place advertisements on our behalf onto other websites, and to perform tracking and reporting functions for our platform and our advertisements. These third parties may place cookies on your device which automatically collect information about your visit to one of our Websites, your IP address, your ISP and the browser you use. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation patterns of our platform and Websites. You can learn more about this type of remarketing below.
Our Websites use Google Analytics to show relevant adverts to users who have previously visited us as they browse the web. This enables us to tailor our marketing to better suit your needs and only display ads that are relevant to you. You may see smukme or one of our Partners in search results pages (using Google AdWords), on YouTube, in banner adverts on Gmail and on other services run by Google.
4. How We Use Your Personal Information
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- where we need to perform a contract with you (e.g. to create an appointment or to process a payment);
- where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (see the “Legitimate Interests” section below); and
- where we need to comply with a legal or regulatory obligation.
We may use personal information held about you in order to:
- provide you with offers for products and services from participating Partners, including offers based on variables such as stated and anticipated customer interests, personal characteristics, or location;
- recommend certain Partner’s offerings to you (e.g., to suggest Partners to add to your favorites page or remind you when it’s time to rebook a service);
- facilitate and fulfil requests for appointments for Partner offerings, including their purchase and redemption;
- evaluate eligibility of customers for certain offers, products or services, and evaluate the types of offers, products or services that may be of interest to Users;
- track redemption of Partner offerings and perform other analytics;
- improve our Services, including performing analysis, tracking your use of the Services for the purposes of displaying advertising and content;
- provide customer support, including to our Partners or business partners;
- communicate and provide additional information that may be of interest to you or Partner clients about smukme and our Partners and business partners, such as smukme news, special offers and coupons, announcements, and marketing materials;
- send you reminders, technical notices, updates, security alerts and support and administrative messages; • provide advertisements to you through the Services, email messages, text messages, applications, push notifications, or other methods of communication;
- administer surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our partners;
5. Disclosing Your Personal Information
Where we do so, any such disclosure will be on the basis that these third parties are required to keep the information we give them confidential and secure and will not use it for any other purpose than to carry out the services they are performing for us. We may disclose personal information as follows:
- to affiliated companies (e.g., subsidiaries and other companies owned by or controlled by smukme);
- to service providers that are hired by us to provide administrative and communication services on our behalf, such as website hosting, the processing and delivery of mailings, providing customer support, or providing credit card processing services;
- to Partners where you have purchased services from a Partner through smukme, or participated in an offer, contest or other activity sponsored or offered through smukme on behalf of the Partner. We may also provide Partners with other personal information about you on your smukme account to send customized offers, to validate the purchases, to aid and troubleshoot redemption, to combat fraud, as part of legal proceedings affecting smukme and the Partner, to facilitate a direct relationship between Partners and customers, and to enable Partners to communicate electronically with customers who make purchases from the Partner;
- when you rate or review a Service which you have purchased, your rating, review, photo, your first name and last initial will be published on the smukme app and may appear on third party websites. For Partners whose businesses have received reviews on the smukme Marketplace, these reviews may be syndicated on third party websites;
- to business partners and other advertisers as part of an offer, contest, distribution partnership, or other activity that is provided by or in conjunction with smukme and its business partners and in which you have elected to participate. For example, if you are referred to smukme from a business partner’s website or through an invitation facilitated by or in conjunction with a smukme business partner, smukme may provide that business partner with contact information and transactional information;
- to the public when any user of the smukme app access your favorites page. You may, however, hide this information from the public by marking your favorites page as private;
to third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this policy.
If You Are a Partner
We may share some or all of your personal information, including but not limited to booking information, staff member names, Partner offerings, ratings and reviews, prices and discounts, appointment availability, and related data (collectively “Partner Information”) with end users who have signed up or registered for smukme and with smukme business partners and affiliates with which smukme is working:
- we may feed Partner information to third party websites (excluding customer lists), which may result in Partner information appearing on a third-party website, mobile application or in search engine results; and such results may include a corresponding link to schedule an appointment through smukme;
- smukme may contact Partner employees through email to invite them to create a smukme account with a restricted login;
- we may use certain contact information to promote your goods and services through a variety of online and offline advertising and promotional media, including, but not limited to Google, Google AdWords, Facebook Ads, Twitter, e-mail distribution lists, and third-party business partners and affiliates; or
- if you have participated in any joint Partner offerings or promotions with other Partners, smukme may disclose your personal information to its Partners and/or advertisers, as part of such offer, contest, or other activity that is provided by or in conjunction with smukme and its business partners and in which you have elected to participate.
6. Your Rights
We want you to remain in control of your personal information. Part of this is making sure you understand your legal rights, which are as follows:
- where your personal information is processed on the basis of consent, the right to withdraw that consent;
- the right to confirmation as to whether or not we are holding any of your personal information and, if we are, to obtain a copy of it;
- the right to have inaccurate personal information rectified;
- the right to object to your personal information being used for marketing or profiling, or on the basis of our or a third party’s legitimate interests;
- the right to restrict how your personal information is used; and
- the right to be forgotten, which allows you to have your personal information erased in certain circumstances (though this is not an absolute right and may not apply if we need to continue using it for a lawful reason).
7. GDPR Entitlement
EU General Data Protection Regulation (GDPR) has provided the below rights to the EU residents:
Right to information – the purposes for processing Personal Information and the rights of the individual.
Right to access the Personal Information that are processed.
Right to erasure (”Right to be forgotten”).
Right to rectification.
Right to restriction of processing.
Right to object (opt-out) to processing.
EU residents can exercise these rights by raising a request directly at firstname.lastname@example.org.
How can you get in contact with us in regards to this policy?
If you have questions or comments about this policy, email us at email@example.com.