Privacy policy

User Agreement

1. Introduction

1.1 Contract

You agree that by clicking “Join”, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with SMRT.bio (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Services

This Contract applies to SMRT.bio, SMRT.bio-branded services, and other SMRT.bio-related sites, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as the “Apply with SMRT.bio”. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both Members and Visitors.

SMRT.bio

You are entering into this Contract with SMRT.bio (also referred to as “we” and “us”).

As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.

1.2 Members and Visitors

When you register and join the SMRT.bio Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

1.3 Change

We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

2. Obligations

2.1 Service Eligibility

The Services are not for use by anyone under the age of 16.

To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one SMRT.bio account, which must be in your real name; and (3) you are not already restricted by SMRT.bio from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

“Minimum Age” means 16 years old. However, if law requires that you must be older in order for SMRT.bio to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age will comply with local regulations.

2.2 Your Account

Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law and our list of Do’s and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Appraisal test bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account. You have control to who has access to your information. Control settings are available under ‘Privacy settings’ in your account.

2.3 Payment

If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

Prices may be differences based on location.
We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel or suspend your Premium Services.
All of your purchases of Services are subject to SMRT.bio’s refund policy.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

You can get a copy of your invoice through your SMRT.bio account settings under “Subscriptions” to be found in the Employer Section.

2.4 Notices and Messages

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

2.5 Sharing

Our Services allow messaging and sharing of information in many ways, such as your profile, slide decks, links to news articles, job postings, InMails and blogs. Information and content that you share or post may be seen by other Members, Visitors or others. Where we have made settings available, we will honor the choices you make about who can see content or information. For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.

We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

3. Rights and Limits

3.1. Your License to SMRT.bio

As between you and SMRT.bio, you own the content and information that you submit or post to the Services, and you are only granting SMRT.bio and our affiliates the following non-exclusive license:

A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as "public", we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services.
While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You and SMRT.bio agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to SMRT.bio, you agree that SMRT.bio can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. SMRT.bio may be required by law to remove certain information or content in certain countries.

3.2 Service Availability

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.

SMRT.bio is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content, Sites and Apps

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. SMRT.bio generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Members have choices about this feature.

You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your SMRT.bio account, that app or site can access information on SMRT.bio related to you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, SMRT.bio is not responsible for these other sites and apps – use these at your own risk. Please see our Privacy Policy.

3.4 Limits

SMRT.bio reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. SMRT.bio reserves the right to restrict, suspend, or terminate your account if SMRT.bio believes that you may be in breach of this Contract or law or are misusing the Services (e.g., violating any of the Do’s and Don’ts).

3.5 Intellectual Property Rights

SMRT.bio reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. SMRT.bio, and “in” logos and other SMRT.bio trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of SMRT.bio.

3.6 Automated Processing

We will use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.

4. INFORMATION WE COLLECT

4.1 Personal Information

We collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”), including:

Identifiers such as name, email address, IP address, billing address, phone number, device ID;
Commercial Information such as transaction history, payment method information, content of correspondence with us such as emails, chats, or text messages, crash reports, usage analytics, customer satisfaction surveys;
User-Created Data such as events, tasks, meeting proposals, reminders, contacts, calendar names, meeting templates, notes; and
Geolocation Information (approximate).

The specific Personal Information we collect about you may vary based on how you use the Sites and/or Services and your relationship with us such as if you are a user of our products or if you are a contact person for a company with which we do business.

4.2 Sites Activity

We may automatically collect information in connection with the actions you take on SMRT.bio. For example, each time you visit our website, we may automatically collect the type of web browser you use, the type of device you use, your operating system, your Internet Service Provider, the pages you view, referring and exit pages, the date and time of your visit, the number of clicks to, from, and within the Sites, and the duration of your visits to the Sites. This information is anonymized and therefore is not considered Personal Information as defined in this Privacy Policy.

4.3 Communication Recordings

We may retain the content of text messages or other written/electronic communications between you and us. By communicating with us, you consent to our recording and retention of communications.

4.4 Voluntary Disclosure

We may ask you to provide us with Personal Information when you communicate with us (online or offline), use the Sites, purchase Services, and at other times. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of SMRT.bio or Services or we may not be able to fulfill your requested interaction.

4.5 How we use information

Processing Purpose	Categories of Personal Information Processed
Provide you with access to and use of SMRT.bio and Services	All categories of personal information.
Process payments, returns, or exchanges	Identifiers. Commercial Information.
Service your account and provide support for your use of the Services	All categories of personal information.
Conduct surveys or market research	All categories of personal information.
Design, develop, and improve our Services	Identifiers. Commercial Information. Geolocation Information.
Market our products to you	Identifiers. Commercial Information.
Perform data analytics	Identifiers. Commercial Information. Geolocation Information.
Operate physical security, information security, anti-fraud, and loss prevention programs	All categories of personal information.
Respond to governmental and other legal requests	All categories of personal information.
Meet our legal obligations and obtain legal advice	All categories of personal information.
Perform day-to-day business operations such as accounting and internal reporting	All categories of personal information.

4.6 Service Providers

We may from time to time establish a relationship with other businesses to provide services to us which may include corporate affiliates (“Service Providers”), including for:

Provision of the Site and Services;
Facilitating marketing and non-marketing communications;
Marketing design and development;
Business analytics (both marketing and non-marketing related);
IT and network administration and support such as application development and support, crash reporting, data storage and management, website hosting, and data security;
Promotional event design and administration;
Payment processing;
Professional services such as legal and accounting;
Obtaining legal records;
Collection of accounts; and
Day-to-day business operations such as courier services, facilities management, and document destruction.

We only provide our Service Providers with the Personal Information necessary for them to perform these services on our behalf. Each Service Provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.

You may also be asked to provide Personal Information directly to a Service Provider. For example, we may connect you with a payment processor and request that you provide Personal Information directly to them.

4.7 Third-Party Selling and Targeted Advertising

We do not sell your Personal Information to third parties under any circumstance. We also do not share your Personal Information with third parties for targeted advertising or cross-context behavioral advertising purposes.

4.8 GDPR

SMRT.bio informs you below in accordance with Art. 12, 13 GDPR about the processing of personal data by us as well as about your respective privacy rights.

You will find a list of personal data processed by SMRT.bio in article 4.5. The purpose of processing is to provide the SMRT.bio services and all functions of our specific services. SMRT.bio also collects data about your use of SMRT.bio services in order to continuously develop and improve its services.

The legal bases for data processing are:

Art. 6 para. 1 lit. b GDPR, where processing is required to make the provision of the services to you possible at all;
Art. 6 para. 1 lit. c GDPR, to the extent that SMRT.bio is legally obliged to retain certain data or provide it to authorities;
Art. 6 para. 1 lit. a GDPR, in cases where SMRT.bio asks you for your consent to certain data processing;
Art. 6 para. 1 lit. f GDPR, insofar as the processing of personal data is necessary for the legitimate interests of SMRT.bio and your rights and freedoms do not prevail.

When using SMRT.bio services, personal data is transferred to servers located in the USA. The legal basis for this transfer is the standard contractual clauses of the EU Commission agreed between you and SMRT.bio. SMRT.bio maintains comprehensive measures to protect your data.

Your data will be stored as long as you maintain your accounts. As soon as you delete data or your account, SMRT.bio will also delete your data from its servers. There may be short delays for technical reasons. We must retain certain data, such as invoices, for a longer period due to retention obligations under tax law.

Providing your data is neither legally nor contractually required. However, it is possible that SMRT.bio will not be able to provide you with its services or individual services if you do not provide certain data.

Automated decision-making, in particular profiling, does not take place.

Under the conditions of the statutory provisions of the General Data Protection Regulation, you have the following rights as a data subject:

Access pursuant to Art. 15 GDPR to the personal data stored about you in the form of meaningful information on the details of the processing and a copy of your data;
Rectification in accordance with Art. 16 GDPR of incorrect or incomplete data stored by SMRT.bio;
Erasure pursuant to Art. 17 GDPR of data stored by SMRT.bio, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
Restriction of processing in accordance with Art. 18 GDPR if the accuracy of the data is disputed, the processing is unlawful, SMRT.bio no longer needs the data and you refuse to delete it because you need it to assert, exercise or defend legal claims or you have lodged an objection to the processing in accordance with Art. 21 GDPR.
Data portability pursuant to Art. 20 GDPR, insofar as you have provided SMRT.bio with personal data on the basis of consent pursuant to Art. 6 para. 1 lit. a GDPR or on the basis of a contract pursuant to Art. 6 para. 1 lit. b GDPR and these have been processed by SMRT.bio using automated procedures. You will receive your data in a structured, commonly used and machine-readable format or SMRT.bio will transmit the data directly to another controller if this is technically feasible.
Objection pursuant to Art. 21 GDPR to the processing of your personal data, insofar as this is carried out on the basis of Art. 6 para. 1 lit. e, f GDPR and there are reasons for this arising from your particular situation or the objection is directed against direct advertising. The right to object does not exist if overriding, compelling legitimate grounds for the processing can be demonstrated or the processing is carried out for the establishment, exercise or defense of legal claims. If the right to object does not exist for individual processing operations, this is indicated there.
Withdrawal of your consent in accordance with Art. 7 para. 3 GDPR with effect for the future.
Complaint pursuant to Art. 77 GDPR to a supervisory authority if you believe that the processing of your personal data violates the GDPR. As a rule, you can contact the supervisory authority of your usual place of residence, your place of work or the registered office of the EU representative of SMRT.bio.

Controller within the meaning of Art. 4 No. 7 GDPR is:

SMRT.bio Licenses
Prins Hendriklaan 25
5707 CJ Helmond

The Netherlands

5. Disclaimer and Limit of Liability

5.1 No Warranty

TO THE EXTENT ALLOWED UNDER LAW, SMRT.bio AND ITS AFFILIATES (AND THOSE THAT SMRT.bio WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

5.2 Exclusion of Liability

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS SMRT.bio HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), SMRT.bio AND ITS AFFILIATES (AND THOSE THAT SMRT.bio WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF SMRT.bio AND ITS AFFILIATES (AND THOSE THAT SMRT.bio WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) €1.000.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SMRT.bio AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF SMRT.bio OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

6. Termination

Both you and SMRT.bio may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

Our rights to use and disclose your feedback;
Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
Sections 4, 6, 7, and 8.2 of this Contract;
Any amounts owed by either party prior to termination remain owed after termination.

You can visit your Setting Page to close your account.

7. Governing Law and Dispute Resolution

You and SMRT.bio Holding agree that the laws of the Netherlands, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and SMRT.bio agree that claims and disputes can be litigated only in ’s Hertogenbosch, The Netherlands, and we each agree to personal jurisdiction of the courts located in ’s Hertogenbosch, The Netherlands.

8. General Terms

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don't act to enforce a breach of this Contract, that does not mean that SMRT.bio has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that SMRT.bio may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

9. SMRT.bio “Do’s and Don’ts”

9.1. Do’s

You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile; and
Use the Services in a professional manner.

9.2. Don’ts

You agree that you will not:

Create a false identity on SMRT.bio, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of SMRT.bio;
Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
Violate the intellectual property or other rights of SMRT.bio, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “SMRT.bio” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
Post anything that contains software viruses, worms, or any other harmful code;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
Imply or state that you are affiliated with or endorsed by SMRT.bio without our express consent (e.g., representing yourself as an accredited SMRT.bio trainer);
Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without SMRT.bio’s consent;
Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without SMRT.bio’s consent;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services’ availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

10. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

11. How To Contact Us

If you want to send us notices, please contact us: hello@smrt.bio.

Company Name: SMRT.bio Licenses
Chamber of Commerce: 72190914
VAT Number: NL859022912B01
Bank account: NL 74 BUNQ 2206 830 116