1. Introduction.
Dairy Management, Inc. (“DMI," "we," "us," or "our") is the owner of www.smart-swaps.com ("Website”). This policy (the “Privacy Policy”) describes the personal information that we may collect when you visit our Website or use another service that includes an authorized link or reference to this Privacy Policy (collectively, “Services”).
Residents of California and other U.S. States that have enacted comprehensive consumer data privacy laws: please review the “PART II - Additional Information” section at the end of this Privacy Policy.
2. Scope
a. This Privacy Policy applies to information we collect on this Website or mobile apps linked to this Privacy Policy and through email, forms, and electronic communications between you and us.
b. This Privacy Policy does NOT apply to information collected by websites or content operated by third parties (“Third Party Sites”), even if linked from our Website or information collected by any third party from social media platforms on which we maintain our social media pages.
3. Information We Collect About You and How We Collect It. We collect information, including personal information about you, in the following ways:
a. Information you provide to us – You may provide us with information when you fill out forms, send us texts or other email and electronic messages, report problems on our Website, sign up to join our marketing list, call us, submit complaints to us, or otherwise provide information to us. This information may include, for example:
i. Contact information and identifiers, such as first and last name, address, telephone number, email address, employer name, and other contact information you choose to provide us as part of the Services;
ii. Audio, electronic, visual, similar information, such as photographs or videos you choose to submit to us, and call recordings made when you call customer support;
iii. Inferences drawn from any of the above information to reflect your preferences and characteristics; and/or
iv. Other information you provide us, including comments and questions that you submit to us (e.g., using our Website’s “Contact Us” page).
b. Information we collect automatically – DMI and our service providers may collect internet and other electronic activity information and other personal information automatically when you use our Services or interact with our emails or digital advertisements through the use of automatic data collection technologies including cookies, web beacons (also known as pixels), and other technologies. Cookies are small data files placed on the hard drive of your device when you visit a website. They help websites recognize your device, store user preferences, enhance functionality, and collect information about site usage and performance. Cookies can be “session” cookies (which expire once you close your browser) or “persistent” cookies (which remain on your device until deleted or expired). Web beacons are small electronic files that may be contained in our Website pages, digital advertisements, and emails.
The information we collect automatically may include:
i. Online identifiers, such as your unique device identifier or MAC address;
ii. Your browser or device type and operating system;
iii. Your approximate geographic location;
iv. Internet domain through which you access the Internet (e.g., yourserviceprovider.com if you use a commercial Internet service provider); and/or
v. Your Internet Protocol (IP) address, from which we may derive your approximate geographic location.
We may combine the information that we collect automatically with information that we collect from other sources or that you provide to us.
Some cookies are placed by third-party services that appear on our pages. These third-party cookies are subject to the respective privacy and cookie policies of those providers.
4. How We May Use Your Information
a. We may use your personal information:
i. To respond to your inquiries, requests, and address customer service issues.
ii. To update you with changes to our terms, conditions, and policies.
iii. To send you marketing and promotional materials as well as targeted advertising that may be of interest to you.
iv. To personalize your experience on our Website, facilitate social sharing, and improve social sign-on functionality.
v. For our internal business purposes, such as: data analysis, fraud monitoring, and prevention; development of new services; improving or modifying our Services; analyzing usage; determining the effectiveness of our promotional campaigns; strategic business planning; identity verification; and maintaining records.
vi. To investigate and process claims and exercise and defend legal claims.
vii. To comply with legal requirements and internal policies.
b. If you submit to us any personal information relating to other people, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.
c. We may use information that has been de-identified or aggregated or both for any purpose.
5. Third Party Service Providers
We may employ third party service providers to perform a variety of functions on our behalf. For example, third party service providers may help us analyze data, deliver email, deliver targeted advertisements, determine the geographic location associated with your IP address, and host and improve the functionality of our Website. We may share your information with third party service providers so that they may provide services to us.
6. Information We Share
a. We may disclose information about you:
i. To our service providers;
ii. To other third parties related to a request or inquiry made by you;
iii. To a buyer or other successor in the event of a sale, merger, divestiture, reorganization, bankruptcy, dissolution, or other similar event of some or all of our business or assets, including to prospective buyers or other third parties for the purposes of evaluating such a transaction.
iv. To any other third party and for any other purpose disclosed by us when you provide the information.
b. We also may use and disclose your information:
i. To comply with applicable law, court order, or legal process, including to respond to any government or regulatory request or cooperate with law enforcement.
ii. To prevent a crime or an injury to ourselves or third parties, upon a good faith determination.
iii. To enforce or apply our Terms and Conditions of Use.
iv. If we believe disclosure is necessary or appropriate to protect the rights, privacy, property, or safety of our company, our licensors, our affiliates, our customers, you, or others.
c. We may disclose information that has been aggregated or de-identified or both without restriction.
7. Your Privacy Rights and Choices
a. Some states have enacted certain data protection laws that provide their residents with rights regarding a company’s use of their personal information. Depending on where you live, you may have certain rights to request that we:
i. Confirm whether we are processing your personal information and provide access to such personal information and other information about our processing activities;
ii. Correct inaccuracies in your personal information in certain circumstances;
iii. Delete your personal information in certain circumstances;
iv. Provide you with a copy of your personal information in a commonly used electronic format (or provide it in that format to a third party at your direction); or
v. Stop selling your personal information or stop processing your information for the purpose of targeted advertising.
b. We will consider and respond to your requests in accordance with applicable laws, including available exceptions and limitations. Exercising your privacy rights will not result in any discriminatory treatment by us, nor will you receive a lesser degree of service from us, except to the extent permissible under applicable laws.
c. If you engage and authorize an agent to make the above requests or exercise your rights on your behalf, we will verify your agent’s authorization to act on your behalf and may require more information to properly do so.
If you are a California resident, please refer to the “Part II-Additional Information” section at the end of this Privacy Policy for more information about your choices and rights with respect to your personal information.
8. Instructions for submitting requests to access, correct, and delete your personal information
a. You can make relevant requests by contacting: info@smart-swaps.com.
b. Depending on your request, we may reasonably verify your request by asking you to provide information to confirm your identity. This information may vary depending on your relationship with us. We will use the information collected through the request process only for verification purposes and to respond to your request. Please note that we may not be able to respond to your request if we cannot verify your identity, or your agent’s identity and authority to make the request, and confirm the personal information relates to you.
c. Appeals Procedure: If you are in a jurisdiction that recognizes your ability to appeal a decision we have made in connection with your attempt to assert a right under applicable laws, you may submit a request to appeal through our Website or email info@smart-swaps.com.
9. Additional Privacy Choices:
a. You may opt out of our processing of your personal information for purposes of targeted advertising by following the instructions set out in this section.
i. Analytics Cookies – If you would like to opt out of our use of cookies and other technologies for purposes of certain types of data analytics, you can adjust your cookie preferences by adjusting your settings in your internet browser.
If you would like more information about targeted advertising more generally, or to learn how to opt out of it on the particular device on which you are accessing this Privacy Policy, please visit https://thenai.org/opt-out; and https://youradchoices.com.
ii. Email. You can stop receiving promotional email from us at any time by following the instructions provided in the email or by contacting us at this email address: info@smart-swaps.com.
iii. Location Information. You can disable location-based services on your mobile device or web browser by adjusting the settings on your device or browser. This will prevent our Services from accessing your location information via your device or browser. Note that some services may not be available if you disable location-based services, and you may experience difficulties using our Services.
iv. Browser/Device. Your browser and your device may enable you to limit the use of cookies and other technologies used to collect cookies and other technical information. Consult documentation for your browser or device for more information about exercising these options. Please note that you may not be able to use all the features of our Website if you limit the information you share with us. To request details of the personal information we hold about you or to delete or rectify any inaccurate personal information about you please contact us at info@smart-swaps.com. We will handle any such request in accordance with applicable law.
10. Children Under the Age of 18
We do not knowingly collect personal information through our Websites from persons under the age of 18. If you believe anyone under age 18 has provided personal information to us, please contact us at info@smart-swaps.com so that we can delete it.
11. Location of Your Information
Your information may be collected, processed, and maintained outside of the United States by our third-party service providers or us. Such countries may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your information.
12. Security
Our intention is to use commercially reasonable technical measures and administrative processes to protect personal information within our organization; however, no transmission via the Internet or storage system can guarantee absolute security. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “How To Contact Us” section below.
11. Retention
We retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy or as required or permitted by law.
12. Changes to Our Privacy Policy
This Privacy Policy was last updated on the date indicated above. We may update or modify this Privacy Policy from time to time, and any changes will become effective when we post the revised Privacy Policy on our Services. Please review this Privacy Policy periodically to check for any changes.
13. How To Contact Us
If you have any questions or concerns about our Privacy Policy, please contact: Andrea Weber, DMI Inc., 6133 N River Rd, Rosemont, IL 60018.
PART II - Additional Information
Additional Notice for Users based in Certain U.S. States
This part of our Privacy Policy applies to consumers who reside in U.S. States that have enacted comprehensive consumer data privacy laws.
We describe the personal information we have collected from consumers in the twelve (12) months preceding the last updated date of this Privacy Policy in Section 3 of our Privacy Policy (above). The information we have obtained includes the following:
• Identifiers such as a real name, postal address, telephone number, Internet Protocol address, email address, password, or other similar identifiers.
• Personal information described in subdivision (e) of Section 1798.80 (California Customer Records statute). This means any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, identifiers listed above.
• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.
• Electronic, visual or similar information.
• Professional or employment-related information.
• Inferences drawn from any of the information identified in this Additional Notice to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes (e.g., we may collect this information in connection with website analytics).
• Sensitive personal information such as account log-in information, in each case as further described above.
We collect this personal information when you use our Website. For more information, please see our Privacy Policy above.
Disclosures of Personal Information
Within the twelve (12) months preceding the last date this Privacy Policy was updated, we have not disclosed to other businesses or third parties any personal information for compensation or other valuable consideration as a “sale” of personal information or for cross-context behavioral advertising as the “sharing” of personal information under the California Consumer Privacy Act, including personal information of individuals we know to be under 16 years of age. We may have disclosed personal information to our third-party service providers for business purposes at some point in the prior twelve (12) months. We also may disclose the personal information identified above to current and future affiliates, as may be permissible. The information we may disclose for business purposes may include some or all of the categories listed above. For more information about the categories of entities to which we have disclosed this information and the purposes for which we have disclosed the information, please see Section 6 above.
Use of Personal Information
We use the personal information we collect about Website users for the purposes disclosed within this Privacy Policy. For more information, please see Section 4 above.
The business purposes for which we may use personal information about consumers include:
• Helping to ensure security and integrity of a user's personal information as reasonably necessary and proportionate for the business purpose of our Website;
• Debugging to identify and repair errors on our Website;
• Performing services on our behalf or on behalf of another, including maintaining or servicing accounts, providing customer service, assisting with Website usage, verifying identity information, and other services;
• Undertaking internal research for technological development and demonstration;
• Conducting activities to verify, enhance, and maintain the quality or safety of services or devices which we may own, control, or provide.
• We may also use the information we collect for our own or our service providers’ other operational purposes, purposes for which we provide you additional notice, purposes disclosed elsewhere in this Privacy Policy, or for purposes compatible with the context in which the personal information was collected.
We do not use or disclose sensitive personal information for purposes other than as reasonably necessary to provide requested services; to detect, investigate, and protect against claims, security incidents, and fraud; to protect or defend our legal rights; and to comply with applicable laws.
Your Privacy Rights
If you are a resident of a U.S. State that has enacted a comprehensive consumer data privacy law, you have certain rights in the information listed in this Part II - Additional Information, subject to applicable exclusions, limitations, and conditions of applicable law. You may exercise these rights free of charge except as otherwise permitted under applicable law. These rights are as follows:
• Right to Delete. You have the right to request that we delete personal information that we have collected about you. Please note if you have requested a service that requires the use of your personal information, we may not be able to provide that service if you choose to delete your personal information.
• Right to Access. You have the right to know whether we are processing personal information about you and what personal information we have collected about you, including:
o the categories of personal information we have collected about you;
o the categories of sources from which the personal information is collected;
o our business and/or commercial purposes for collecting, selling, or sharing your personal information;
o the categories of third parties to whom we disclose personal information; and
o the specific pieces of information we have collected about you.
• Right to Correct. You have the right to request that we correct inaccurate personal information that we maintain about you.
• Right to Appeal. If we decline to take action on a request that you make in accordance with the foregoing to exercise the foregoing privacy rights, then you may appeal our decision with us. The response to your rights request will inform you of any appeal rights you may have and how you may exercise them.
Requests to Exercise Your Rights
You may request to exercise these rights by submitting a request to info@smart-swaps.com.
As required or permitted under applicable law, please note that we may take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. We may require you to provide your name, address and any other necessary information to verify your identity in response to exercising requests of the above type. We may limit our response to your exercise of the above rights as permitted under applicable law. We may not discriminate against you in response to your exercise of the above rights, including by retaliating against job applicants for the exercise of their rights.
Agent Authorization
You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the agent to provide proof of that written permission. We may require you to verify your own identity in response to a request, even if you choose to use an agent, to the extent permitted by law. Your agent may contact us as provided above under Requests to Exercise Your Rights to make a request on your behalf.