Privacy Policy

Fundence OÜ (“us”, “we”, or “our”) operates the general.thesmsly.com website (the “Service”). This document outlines our policies on how we collect, use, and disclose personal data when you use our Service and the choices you have regarding that data.

We utilize your data to provide and enhance the Service. By using the Service, you agree to our collection and use of information as stated in this policy. If not otherwise defined in this Privacy Policy, terms used here have the same meanings as in our Terms and Conditions, which you can access on general.thesmsly.com.

SMSly operates under the framework of Fundence OÜ in accordance with the laws of Estonia. Our registered office is located at Harju maakond, Tallinn, Lasnamäe linnaosa, Võru tn 11, 13612, Estonia. The registration number of the company is 16770591.

Definitions

• Service: The Service refers to the general.thesmsly.com website operated under the name of SMSly.
• Personal Data: Personal Data refers to information about a living individual that can be used to identify them either from that data alone or in combination with other information in our possession or likely to come into our possession.
• Usage Data: Usage Data is data that is automatically collected through the use of the Service or from the Service infrastructure itself, such as the duration of a page visit.
• Cookies: Cookies are small pieces of data that are stored on your device, such as a computer or mobile device.
• Data Controller: Data Controller refers to the natural or legal person who, either alone or jointly or in common with others, determines the purposes and manner in which any personal information is processed. In this Privacy Policy, we act as the Data Controller of your Personal Data.
• Data Processors (or Service Providers): Data Processor (or Service Provider) refers to any natural or legal person who processes data on behalf of the Data Controller. We may engage the services of various Service Providers to process your data more efficiently.
• Data Subject (or User): Data Subject refers to any living individual who is using our Service and is the subject of Personal Data.

Information Collection And Usage

To ensure the provision and improvement of our Service, we collect various types of information for different purposes.

Types of Collected Data:

Personal Data

When you use our Service, we may request certain personally identifiable information from you that can be used to contact or identify you ("Personal Data"). This may include, but is not limited to:

• Email address;
• First name and last name;
• Phone Number;
• Country of residence;
• Cookies and Usage Data.

We may utilize your Personal Data to send you newsletters, marketing or promotional materials, and other information that may be relevant to you.

Usage Data

We may also gather information on how the Service is accessed and utilized ("Usage Data"). This information may encompass details such as your device's Internet Protocol (IP) address, browser type, browser version, the pages you visit on our Service, the time and date of your visit, the duration of your visit on those pages, unique device identifiers, and other diagnostic data.

Tracking & Cookies Data

We employ cookies and similar tracking technologies to monitor activity on our Service and retain certain information.

Cookies are files containing small amounts of data, which may include an anonymous unique identifier. They are sent to your browser from a website and stored on your device. In addition to cookies, we also use beacons, tags, and scripts to collect and track information, as well as enhance and analyze our Service.

You have the option to instruct your browser to decline all cookies or to indicate when a cookie is being sent. However, if you choose not to accept cookies, you may be unable to utilize certain parts of our Service.

Examples of the types of cookies we employ:

• Session Cookies: These cookies are used to operate our Service.
• Preference Cookies: These cookies are used to remember your preferences and various settings.
• Security Cookies: These cookies are used for security purposes.

Use of Data

SMSly utilizes the collected data for a variety of purposes, which include:

• Providing and maintaining our Service;
• Notifying you about any changes to our Service;
• Allowing you to participate in interactive features of our Service when you choose to do so;
• Providing customer support;
• Gathering valuable information and conducting analysis to improve our Service;
• Monitoring the usage of our Service;
• Detecting, preventing, and addressing technical issues;
• Offering you news, special offers, and general information about other goods, services, and events that we provide, and that are similar to those you have previously purchased or expressed interest in, unless you have opted not to receive such information.

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are a resident of European Economic Area (EEA), SMSly's legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect and process it.

SMSly may process your Personal Data for the following reasons:

• To fulfill a contract with you;
• When you have provided your explicit consent;
• When the processing is in our legitimate interests and is not overridden by your rights;
• For the purpose of payment processing;
• To comply with legal obligations.

Retention of Data

At SMSly, we will only keep your Personal Data for as long as it is necessary to fulfill the purposes outlined in this Privacy Policy. We will retain and use your Personal Data to the extent required to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.

Additionally, SMSly may retain Usage Data for internal analysis purposes. Usage Data is typically retained for a shorter period, unless it is required for strengthening the security or enhancing the functionality of our Service, or if we have a legal obligation to retain such data for longer periods of time.

Transfer of Data

Your information, including Personal Data, may be transferred to and stored on computers located outside of your jurisdiction. These computers may be situated in a different state, province, country, or other governmental jurisdiction where data protection laws may differ from those in your jurisdiction.

In certain countries, when using the website, you may be required to provide specific documents as dictated by the applicable laws.

By consenting to this Privacy Policy and submitting your information, you agree to the transfer of your data as described.

SMSly will take all reasonable measures to ensure that your data is treated securely and in accordance with this Privacy Policy. We will not transfer your Personal Data to any organization or country unless there are adequate controls in place to ensure the security of your data and other personal information.

Disclosure of Data

Business Transaction

In the event that SMSly is involved in a merger, acquisition, or sale of assets, your Personal Data may be transferred. We will notify you before any transfer takes place, and your Personal Data will remain subject to the same Privacy Policy unless otherwise stated.

Legal Requirements

SMSly may disclose your Personal Data in good faith if it is necessary to:

• Comply with a legal obligation;
• Protect and defend the rights or property of SMSly;
• Investigate or prevent potential wrongdoing related to our Service;
• Protect the personal safety of Service users or the public;
• Protect against legal liability.

Data Security

We value the security of your data, but it is important to note that no method of transmission over the Internet or electronic storage is completely secure. Although we implement commercially acceptable measures to protect your Personal Data, we cannot provide a guarantee of absolute security.

Your Rights Under General Data Protection Regulation (GDPR)

If you reside in the European Economic Area (EEA), you have specific data protection rights. SMSly takes reasonable steps to assist you in exercising these rights, including the ability to correct, amend, delete, or limit the use of your Personal Data.

If you would like to know what Personal Data we hold about you or if you wish to have it removed from our systems, please contact us.

Under certain circumstances, you have the following data protection rights:

• The right to access, update, or delete your information. You can access, update, or request the deletion of your Personal Data directly within your account settings. If you need assistance with these actions, please contact us.
• The right to rectify your information. If your Personal Data is inaccurate or incomplete, you have the right to have it corrected;
• The right to object. You can object to the processing of your Personal Data.
• The right to restrict processing. You can request that we limit the processing of your personal information;
• The right to data portability. You have the right to receive a copy of the information we hold about you in a structured, machine-readable format;
• The right to withdraw consent. You can withdraw your consent at any time if we relied on your consent to process your Personal Data.

Please note that we may need to verify your identity before responding to your requests.

If you have any concerns about how we collect and use your Personal Data, you have the right to lodge a complaint with a Data Protection Authority. For more information, please contact your local data protection authority in the EEA.

Service Providers

We may engage the services of third-party companies and individuals ("Service Providers") to help us provide and improve our Service. These Service Providers may assist us in delivering the Service, performing Service-related tasks, or analyzing how our Service is utilized.

Our Service Providers are granted access to your Personal Data solely for the purpose of carrying out these tasks on our behalf. They are required to maintain the confidentiality of your Personal Data and are prohibited from using or disclosing it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

We utilize Google Analytics to track and report website traffic. This data may also be shared with other Google services. Google may use this collected data to personalize and contextualize advertisements on its advertising network.

To opt-out of your activity on our Service being made available to Google Analytics, you can install the Google Analytics opt-out browser add-on. This add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information about your visit activity with Google Analytics.

Payments

If you choose to purchase products or services within our Service, payment processing will be handled by third-party services (e.g. payment processors). We assure you that we will not store or collect your payment card information. Instead, this information will be directly provided to our third-party payment processors, whose handling of your personal data is governed by their own Privacy Policy.

Links to Other Sites

Within our Service, you may come across links to external sites that are not operated by us. Clicking on these links will redirect you to the respective third-party sites. We strongly encourage you to review the Privacy Policy of any site you visit, as we have no control over the content, privacy policies, or practices of these third-party sites or services.

Children Privacy

Our Service is not directed towards individuals under the age of 18 ("Children"). We do not knowingly collect personal information from children. If you are a parent or guardian and believe that your child has provided us with personal data, please contact us so that we can promptly remove such information from our records.

Changes to this Privacy Policy

Occasionally, we may make updates to our Privacy Policy. We will notify you of any changes by posting the updated Privacy Policy on this page. Additionally, we will inform you via email and/or a prominent notice on our Service before the revised policy comes into effect. We advise you to review this Privacy Policy periodically for any modifications. Changes become effective as soon as they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us by email info@thesmsly.com.