Privacy Notice

Welcome to Smartling, Inc.’s (“Smartling”) website. Below you will find our privacy notice regarding any personal information that you may supply to us through this web site (“Site”).

This Site is operated by Smartling, Inc. (“Smartling,” “we,” “us” or “our”). This Site is intended to provide existing and prospective and current business customers of Smartling with information regarding the services offered by Smartling and to enable existing and prospective business customers of Smartling to indicate their interest in purchasing such services. This privacy policy (“Privacy Policy”) is provided by Smartling to explain the ways in which we collect information from you through your use of this Site, Smartling Draft, or when you otherwise interact with us, the ways that Smartling may use that information, and the choices that are available to you with respect to our handling of your data. This Privacy Policy does not apply to the personal data that we collect through the Smartling translation platform or through other Smartling services. Please read this Privacy Policy carefully so that you understand our online privacy practices.

Smartling Certifications

In furtherance of Smartling’s commitment to our customers, Smartling is certified to the following standards, Soc2Type2 of the American Institute of Public Accountants, ISO17100, ISO9001, ISO 13485, PCI DSS Level I, Smartling manages to the General Data Protection Regulation (GDPR)), and Smartling is compliant with the Health Insurance Portability and Accountability ACT (HIPAA).

Network Security

Smartling adheres to the National Institute of Standards and Technology (NIST) for its network.

• • Each network segment restricts access to levels only to those personnel that are permitted.
  • Access to the network is logged using a central Security Operations Center (SOC) and a Security Incident and Event Management (SIEM) platform.
  • Smartling’s services are protected by multifactor authentication methods, which are monitored by intrusion detection systems (IDS). The IDS provides notification to Smartling’s operations team in the case of a potential incident.
  • Audit logs of Smartling’s network are collected on all servers, which are encrypted and stored on a separate log server.

Smartling ensures that all third party models are compliant with the service level agreements (SLAs) Smartling has in place with each individual customer. At the request of a customer, Smartling will censor or anonymize sensitive data prior to submitting data for translation, translation optimization, quality estimation or model fine-tuning.

Information We Collect

The information we gather generally falls into one of two categories: (1) information that you voluntarily supply such as when you submit the online form on our Site indicating that you are interested in Smartling’s services (for example, your name and business e-mail address); and (2) information we gather about your use of our Site. In some cases, one of our agents or affiliates may collect information on our behalf.

INFORMATION THAT YOU SUBMIT TO US

You may provide certain information to us when you submit an online form to indicate your interest in Smartling’s services, participate in a webinar or event, or otherwise interact with us. This information may include your name, the name of your business, your business phone number and e-mail address, and the zip code for your business. By submitting such information, you authorize Smartling to contact you by telephone and/or e-mail to provide you with more information about our business services.

AUTOMATICALLY-COLLECTED DATA

We use different technologies to collect information about your visit to our Site, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our services and your experience, see which areas and features of our Site are popular, count visits, and measure Site performance. Web beacons are electronic images that may be used in our Site and help count visits and track what links visitors click. Our web servers also automatically collect limited information about your computer configuration or your mobile device when you use our Site, including the type of browser software you use, the operating system you’re running, the resolution of your computer monitor or mobile device, the website that referred you, the type of device you’re using, and your IP address. Your IP address is a numerical address that is used by computers and mobile devices connected to the Internet to identify your computer or mobile device so that data (such as the web pages you want to view) can be transmitted to you. We also use IP address information for systems administration and troubleshooting purposes.

INFORMATION THAT WE COLLECT FROM OTHERS

We may obtain information from other sources and combine that with information we collect directly. For example, we may collect information about you from third parties, including but not limited to identity verification services, credit bureaus, mailing list providers, and publicly available sources.

Advertising and Analytics Services Provided by Others

We may allow others to provide analytics services and serve advertisements on our behalf across the internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Site and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by Smartling and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Site and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit the Digital Advertising Alliance at www.aboutads.info/choices, or if you are in the European Economic Area (EEA), the European Digital Advertising Alliance at http://www.youronlinechoices.eu/.

How We Use Your Information

We use the information we collect to provide, maintain, and improve our services. We may also use the information we collect to:

• • Send you technical notices, updates, security alerts and support and administrative messages and to respond to your comments, questions and customer service requests;
  • Communicate with you about services offered by Smartling and provide news and information we think will be of interest to you;
  • Monitor and analyze trends, usage, and activities in connection with our services;
  • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Smartling and others; and
  • Carry out any other purpose described to you at the time the information was collected.
    

How We Share Your Information

Except as expressly set forth in this Privacy Policy, we will not provide, sell, or rent to any third party any personal data that we collect from you through your use of this Site. We may share information about you as follows or as otherwise described in this Privacy Policy:

• • With vendors, consultants and other service providers who need access to such information to carry out work on our behalf and at our direction;
  • In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
  • If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Smartling or others;
  • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
  • Between and among Smartling and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
  • With your consent or at your direction.

Data Retention

We store the information we collect for as long as is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.

Data Transfers

Smartling is based in the U.S. As such, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.

Your Choices

PROMOTIONAL COMMUNICATIONS

If you have submitted information to us via our online form and we contact you by e-mail, you will always have the opportunity to “unsubscribe” from future e-mail communications (for example, by clicking on an unsubscribe link in our e-mail message).

COOKIES

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our services.

CHOICES AND MEANS FOR LIMITING USE OR DISCLOSURE

Smartling will offer EU, UK and Swiss individuals whose personal information has been transferred to us the opportunity to choose whether the personal information it has received is to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. An individual may opt-out of such uses of their personal information by contacting us at fmiele@smartling.com.

Residents of the European Economic Area, UK and Switzerland

If you are a resident of the European Economic Area (EEA), UK, or Switzerland you have certain rights and protections under the law regarding the processing of your personal data.

LEGAL BASIS FOR PROCESSING

If you are a resident of the EEA, UK, or Switzerland we will only process your personal data:

• • To perform our responsibilities under our contract with you (e.g., processing payments for and providing the services you have requested);
  • When we have a legitimate interest in processing your personal data (e.g., to communicate with you about changes to our services, to advertise our services, and to provide, secure, and improve our services); or
  • To comply with our legal or regulatory obligations.

DATA PRIVACY FRAMEWORK

Smartling is committed to complying with the Data Privacy (“DPF”) Framework Principles, which includes the EU-US Data Privacy Data Framework Principles (EU-U.S. DPF Principles), the UK Extension to the EU-U.S. DPF, and the Swiss-US Data Privacy Framework (“Swiss DPF”). Smartling has certified to the United States Department of Commerce that it adheres to the EU-US Data Privacy Framework Principles for the purpose of processing of personal data received from the European Union in reliance on the EU-U.S. DPF, received from the United Kingdom in reliance on the UK Extension of the EU-U.S. DPF, and received from Switzerland in reliance on the Swiss-U.S. DPF. Smartling recognizes and agrees that as a participant of the DPF program we are and shall remain responsible for personal data collected via our website that is transferred to third parties. In accordance with Smartling’s participation and certification to the Data Privacy Framework Principles, Smartling is subject to the enforcement of the United States Federal Trade Commission. For more information about the DPF, please visit the following website: https://www.dataprivacyframework.gov.

DATA SUBJECT REQUESTS AND COMPLAINTS

If you are a resident of the EEA, UK, or Switzerland you have the right to access, delete, correct, withdraw consent, and have portability of the personal data we hold about you. You may also have the right to restrict certain processing of your data. If you are located in the European Union, Switzerland or the United Kingdom and want to exercise your rights or to file a complaint regarding your privacy and our collection or use of your personal data transferred to the United States pursuant to DPF Principles, please first contact:

Smartling, Inc.
244 Fifth Avenue
Suite 1471 New, NY 10001
Attention: Frank Miele
(203) 451-2081
fmiele@smartling.com

We will respond to you within two (2) business days after receipt of your request. We may request proof of identification to verify your request. We will handle your request under applicable law, and, in some cases, your ability to access or control your personal information may be limited as required by applicable law. For example, we may deny or restrict fulfillment of your request in some cases, such as when your access to data places another individual’s privacy rights at risk, or the continued processing of your data is necessary to comply with a legal obligation. If so, we will notify you of the reason(s) for this denial.

INDEPENDENT RECOURSE MECHANISMS

If after contacting Smartling by means of the contact information above, you have either not received acknowledgement of a complaint or your complaint remains outstanding, we are further committed to you and the resolution of your complaint under the DPF Principles by means of the below listed independent recourse mechanisms which are available to assist you in the investigation and resolution of your complaint.

• • For the EU-U.S. DPF: https://www.edpb.europa.eu/aboutedpb/about-edpb/members_en
    
  • For Swiss-U.S. DPF, Swiss Federal Data Protection and Information Commissioner (FDPIC): https://www.edoeb.admin.ch/edoeb/en/home.html
    
    

Data Security

We take reasonable measures to help protect your personal data from loss, theft, misuse, and other unauthorized access, disclosure, alteration, and destruction as set forth in more detail in the “Network Security” section above.

Sites to Which We Link

We may provide links to third-party websites, services, and applications that are not operated or controlled by Smartling. This Privacy Policy does not apply to third-party services, and we cannot take responsibility for the content, privacy policies, or practices of third-party services. We encourage you to review the privacy policies of any third-party service before providing any information to or through them.

Optional Artificial Intelligence (AI) and Machine Learning Features

In the case of customers’ that engage Smartling’s optional AI and ML features:

• • Optional AI and ML features will only be included in workflows upon a customer’s execution of an SLA, in which the AI and ML features are part of such SLA.
  • Smartling uses customers’ translation memories, glossaries, do not translate (DNT) lists and model performance data which is stored in accordance with the terms of our information security (Infosec) and platform SLAs.
  • Smartling will use performance metadata, including Translation Error Rate (TER) quality scores, on time delivery metrics, and semantic relevance obtained during the translation process of its customers’ content in order to improve performance of the platform features.
  • Smartling personnel in its data science, engineering, client success management, and artificial intelligence deployment teams, which are under written confidentiality and non-disclosure agreement, will have access to customers’ data for the sole purpose of validation, modeling, and training.
  • All AI and ML features are fully compliant with Smartling’s business continuity and disaster recovery (BC/DR) plans and the applicable SLA or Master Services Agreement (MSA).
  • The customers’ data that will be submitted to third party Large Language Models (Generative AI. Models) for translation, translation optimization, quality estimation or model fine-tuning will not be accessible to such third party model providers and will not be used by such third party model providers to train their foundational models.

Changes to This Privacy Policy

We may change this Privacy Policy from time to time, in which case we will post an updated version of this Privacy Policy on this Site and will update the “Last Updated” date below to reflect the date the changes take effect. By continuing to use this Site after we post any such changes, you accept this Privacy Policy as modified.

Contact Information

If you have any questions about this Policy or our data protection practices, please email us at fmiele@smartling.com or contact us at the following address:

Smartling, Inc.
244 Fifth Avenue Suite 1471
New, NY 10001
ATTN: Frank Miele
Last Updated: May 2, 2024