Privacy Policy

smartNsales AG (“smartNsales”, “we”, “us” or “our”) is committed to protecting personal data and processing it transparently and securely.

This Privacy Policy explains how we collect, use, disclose and otherwise process personal data when individuals visit our websites, communicate with us, use our Services, participate in demonstrations or evaluations, or otherwise interact with smartNsales.

This Privacy Policy applies where smartNsales determines the purposes and means of processing personal data and therefore acts as controller.

Where smartNsales processes personal data on behalf of a customer through the smartNsales platform, smartNsales generally acts as processor and such processing is governed by our Data Processing Agreement (“DPA”) and the relevant customer agreement.

1. Controller

The controller responsible for processing under this Privacy Policy is:

smartNsales AG
Habsburgerstrasse 32
6003 Lucerne
Switzerland
Company registration: CH-150.4.478.089-1
UID/VAT: CHE-422.097.458 MWST
Email: info@smartnsales.com

Individuals may contact us at the above address regarding privacy or data protection matters.

2. Personal Data We Process

Depending on how an individual interacts with smartNsales, we may process the following categories of personal data.

2.1 Contact and Identity Information

This may include:

• name;
• business email address;
• telephone number;
• job title;
• employer;
• department or professional role;
• country or region; and
• other professional contact information.

2.2 Account Information

When an individual uses the smartNsales Services, we may process:

• account and user identifiers;
• login and authentication information;
• workspace membership;
• user role and permissions;
• account settings and preferences; and
• information relating to account administration.

2.3 Business and Customer Relationship Information

We may process information concerning our relationship with customers, prospective customers, partners and other business contacts, including:

• correspondence and communications;
• meeting information and notes;
• demo and trial requests;
• commercial enquiries;
• proposals and negotiations;
• contracts and orders;
• customer support interactions;
• billing and transaction information; and
• relationship history.

2.4 Usage and Technical Information

When individuals interact with our websites or Services, we may collect technical and usage information such as:

• IP address;
• device and browser information;
• operating system;
• timestamps;
• pages or features accessed;
• interactions with the Services;
• log information;
• diagnostic and error information;
• security events; and
• similar technical information.

2.5 Website and Marketing Information

We may process information concerning:

• website visits;
• forms submitted;
• content viewed;
• marketing communications;
• communication preferences;
• campaign interactions; and
• cookie or similar technology identifiers.

Further information regarding cookies and similar technologies is provided in our Cookie Policy.

2.6 Recruitment Information

Where an individual applies for a position or otherwise communicates with us regarding employment or collaboration, we may process information such as:

• contact information;
• CV and employment history;
• education and qualifications;
• portfolio or professional profiles;
• interview notes;
• compensation expectations;
• references; and
• other information provided during the recruitment process.

2.7 Information Provided to Us

We may process other personal data that individuals voluntarily provide when communicating or interacting with smartNsales.

3. How We Collect Personal Data

We may obtain personal data:

1. directly from the individual;
2. from the organisation for which the individual works;
3. through use of our websites or Services;
4. through communications, meetings, demonstrations, events or support interactions;
5. from customers, partners and service providers;
6. from publicly available professional and business sources; and
7. from other lawful sources relevant to our business activities.

4. Purposes of Processing

We may process personal data for the following purposes:

4.1 Providing and Operating the Services

Including to:

• create and administer accounts;
• authenticate users;
• provide requested functionality;
• maintain and support the Services;
• communicate regarding the Services; and
• manage customer relationships.

4.2 Security and Reliability

Including to:

• protect accounts and systems;
• detect and prevent misuse;
• investigate security incidents;
• maintain logs;
• troubleshoot technical issues; and
• maintain the availability and integrity of our Services.

4.3 Customer and Business Relationships

Including to:

• respond to enquiries;
• conduct demonstrations;
• manage trials and evaluations;
• prepare proposals;
• negotiate and perform agreements;
• provide customer support;
• administer billing; and
• maintain business relationships.

4.4 Product Development and Improvement

We may use appropriate technical, usage and feedback information to analyse, maintain, develop and improve our websites, Services and user experience.

Where smartNsales processes Customer Data on behalf of a customer, such processing is governed by the applicable Agreement and DPA.

4.5 Marketing and Communications

We may use professional contact information to communicate regarding smartNsales, our Services, events, product developments and other information that we reasonably believe may be relevant to the recipient, subject to applicable law.

Recipients may unsubscribe from electronic marketing communications at any time using the unsubscribe mechanism provided in the relevant communication or by contacting us.

4.6 Legal and Compliance

We may process personal data to:

• comply with applicable laws;
• respond to lawful requests;
• establish, exercise or defend legal claims;
• enforce our agreements;
• maintain appropriate business records; and
• protect our rights and those of others.

4.7 Recruitment

We may process applicant information to evaluate applications, communicate with candidates, conduct interviews, make hiring decisions and manage recruitment processes.

5. Legal Bases

Where the GDPR or another law requiring a specific legal basis applies, we process personal data on one or more of the following bases:

1. performance of a contract or steps requested before entering into a contract;
2. legitimate interests, including operating and securing our business and Services, managing customer relationships, improving our Services and conducting appropriate B2B marketing;
3. compliance with legal obligations;
4. consent, where required or otherwise appropriate; and
5. other lawful bases available under applicable law.

Where processing is based on legitimate interests, we consider the relevant interests and the rights and reasonable expectations of affected individuals.

Consent may be withdrawn at any time where processing is based upon consent. Withdrawal does not affect the lawfulness of processing carried out before withdrawal.

6. Customer Data Processed on Behalf of Customers

Customers may submit or connect information to the smartNsales Services that contains personal data.

For such personal data, the relevant customer generally determines the purposes and means of processing and acts as controller or processor, while smartNsales acts as processor or subprocessor.

Such processing is governed by the applicable customer Agreement and our DPA rather than this Privacy Policy.

Individuals wishing to exercise rights concerning personal data controlled by a smartNsales customer should generally contact that customer directly.

Where appropriate, smartNsales will reasonably assist its customers in responding to such requests in accordance with the DPA.

7. Artificial Intelligence

Certain smartNsales Services include artificial intelligence functionality.

Where personal data is processed through AI Features on behalf of a customer, such processing is governed by the applicable Agreement, DPA and AI Addendum.

smartNsales does not use Customer Confidential Information to train, develop, improve or fine-tune general-purpose AI models for the benefit of unrelated customers or third parties.

Third-party AI providers that process Customer Personal Data on our behalf are treated as subprocessors where required by applicable Data Protection Law.

Further information regarding our contractual approach to artificial intelligence is available in our AI Addendum.

8. Sharing of Personal Data

We may disclose personal data to third parties where reasonably necessary for the purposes described in this Privacy Policy.

Such recipients may include:

• hosting and infrastructure providers;
• cloud service providers;
• communication and collaboration providers;
• customer relationship management providers;
• analytics providers;
• security and monitoring providers;
• payment and financial service providers;
• professional advisers;
• artificial intelligence service providers;
• other technology providers supporting our business; and
• public authorities where disclosure is legally required.

We may also disclose personal data in connection with a merger, financing, acquisition, restructuring, sale of assets or similar corporate transaction, subject to appropriate confidentiality and legal requirements.

Service providers processing personal data on our behalf are subject to appropriate contractual and data protection obligations where required.

9. Subprocessors and Service Providers

Information concerning material subprocessors used in connection with the smartNsales Services may be made available through our Trust Center, DPA or other appropriate documentation.

Not every service provider used by smartNsales is necessarily a subprocessor. The legal role of a provider depends on the nature and context of the relevant processing.

10. International Data Transfers

smartNsales is established in Switzerland.

Personal data may be processed in Switzerland, the European Economic Area and other countries in which smartNsales or its service providers operate.

Where personal data is transferred to a country that does not provide an adequate level of data protection and applicable law requires additional safeguards, we use appropriate transfer mechanisms.

These may include the European Commission Standard Contractual Clauses, the Standard Contractual Clauses as adapted for Swiss data protection law or other lawful safeguards.

11. Data Retention

We retain personal data only for as long as reasonably necessary for the purposes for which it was collected and to comply with applicable legal, contractual and operational requirements.

Retention periods depend on the nature and context of the relevant information.

For example:

• account information may be retained for the duration of the customer relationship and an appropriate period thereafter;
• contractual and financial records may be retained for legally required retention periods;
• customer and prospect communications may be retained while relevant to the business relationship;
• security and technical logs may be retained for appropriate operational and security periods;
• recruitment information may be retained for the recruitment process and an appropriate period thereafter; and
• marketing information may be retained until the recipient opts out or the information is no longer reasonably relevant.

Personal data may be retained for longer where necessary to establish, exercise or defend legal claims, comply with legal obligations, investigate security matters or resolve disputes.

Customer Personal Data processed on behalf of customers is subject to the deletion and return provisions of the applicable Agreement and DPA.

12. Security

We maintain appropriate technical and organisational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access.

Our security measures are designed having regard to the nature of the information, processing risks and relevant technological developments.

Additional information regarding our security practices may be made available through the smartNsales Trust Center.

No information system or method of transmission can be guaranteed to be completely secure.

13. Rights of Individuals

Depending on applicable law and the circumstances, individuals may have rights concerning their personal data, including the right to:

• request information concerning processing;
• obtain access to personal data;
• request correction of inaccurate personal data;
• request deletion of personal data;
• request restriction of processing;
• object to certain processing;
• withdraw consent where processing is based on consent;
• receive certain personal data in a portable format; and
• lodge a complaint with a competent data protection authority.

These rights may be subject to limitations or exceptions under applicable law.

Requests may be submitted to info@smartnsales.com.

We may request information reasonably necessary to verify the identity of the person making the request.

Where a request relates to personal data controlled by one of our customers, we may refer the individual to the relevant customer.

14. Marketing Communications

Recipients of electronic marketing communications from smartNsales may unsubscribe at any time through the unsubscribe mechanism contained in the relevant communication or by contacting us.

Even after opting out of marketing communications, we may continue sending non-marketing communications reasonably necessary for an existing customer relationship, including service, security, administrative and contractual communications.

15. Cookies and Similar Technologies

Our websites may use cookies and similar technologies for purposes such as essential website functionality, security, preferences, analytics and, where applicable, marketing.

Where required by applicable law, non-essential cookies or similar technologies will be used only after appropriate consent has been obtained.

Further information concerning the technologies we use, their purposes and available choices is provided in our Cookie Policy.

16. Third-Party Websites and Services

Our websites and Services may contain links to or integrations with third-party websites or services.

Where a third party independently determines how personal data is processed, its own privacy terms apply. smartNsales is not responsible for the privacy practices of independent third parties.

17. Children

Our websites and Services are intended for businesses and professional users and are not directed at children.

We do not knowingly seek to collect personal data from children through our Services.

18. Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our Services, processing activities, legal requirements or business practices.

The current version will be made available on our website together with its effective date.

Where required by applicable law, we will provide additional notice of material changes.

19. Applicable Data Protection Law

smartNsales processes personal data in accordance with applicable data protection law, including the Swiss Federal Act on Data Protection.

The GDPR may additionally apply to particular processing activities where its territorial scope requirements are met.

Nothing in this Privacy Policy is intended to provide rights beyond those required by applicable law.

20. Contact

Questions, requests or concerns concerning privacy or the processing of personal data may be directed to:

smartNsales AG
Habsburgerstrasse 32
6003 Lucerne
Switzerland
Email: info@smartnsales.com

Individuals may also have the right to contact the competent data protection supervisory authority applicable to their circumstances.

For Switzerland, the competent federal authority is the Federal Data Protection and Information Commissioner (FDPIC).