Privacy Policy

Last Updated: August 26, 2018

Privacy PolicySmartCounseling2018-08-28T16:02:35+00:00

Section 1
THIS POLICY

THIS PRIVACY POLICY (the “Policy”) is by and between Smart Counseling, LLC (the “Company”) and all users of Company’s website www.smartcounseling.com (the “Site”) whether such users are subscribers. Therapists, or visitors to our Site(each a “User”).  This Policy contains details on issues related to the User’s privacy when using the Site.  This Policy is a part of Company’s Terms of Use, which can be located hereIF YOU DO NOT AGREE  WITH ANY OF THESE TERMS, DO NOT USE THIS SITE. Your use of the Site constitutes your acknowledgment and acceptance of this Policy and the Terms and Conditions.

In this Policy, the words “you” and “your” refer to each Site User, “we”, “us” and “our” refers to the Company and “Therapist” refers to the licensed therapists who have executed independent contractor agreements with the Company and with whom a subscriber to the Site may consult through the Site.

Capitalized terms not otherwise defined in this Policy will have the meaning set forth in the Terms of Use.

We may revise this Policy, at any time without notice to you. It is your responsibility to review this Policy periodically. If at any time you find this Policy to be unacceptable or if you do not agree with the terms of this Policy, please do not use this Site. If you have any questions about this Policy, please contact us at support@smartcounseling.com

YOU REPRESENT AND WARRANT THAT BY USING OR DOWNLOADING THE SITE YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

The Company respects your privacy and is committed to protecting it through compliance with this Policy. This policy applies to information Company collects:

  • On this Site;
  • In e-mail, text and other electronic messages between you and this Site and between you and a Therapist; and
  • Through mobile applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.

Please read this Policy carefully to understand the Company’s policies and practices regarding Users’ information and how Company will treat such information. This Policy may change from time to time. Your continued use of this Site after changes have been made is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

Children Under the Age of 18

This Site is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Site. Company does not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Site or on or through any of its features, register on the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to Company or any other User, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If Company learns that Company has collected or received personal information from a child under 18 without verification of parental consent, Company will delete that information. If you believe Company might have any information from or about a child under 18, please contact Company at support@smartcounseling.com.

Section 2
USER INFORMATION

Through your use of the Site, and to allow for the successful operation of the Site, Company collects and uses certain information about you, as a User or Therapist. Specifically, Company collects and may use: (i) information that you provide; (ii) information generated automatically as you navigate and use the Site, and (iii) information from third parties.

Information You Provide

As a part of your use and application to use this Site, you will supply specific personal or identifying information, typically through one of the following means of communication:

  • Answers to membership applications and User profiles;
  • Records and copies of correspondence when you contact Company;
  • Billing details and statements; and
  • Posts in public forums or comments directly on the Site.

This personal information can be used to contact you or identify you and it may include, but is not limited to, your name, email address, phone number, address and credit card information. Company may choose to use such personal information either standing alone or in connection with additional information that Company has gathered to do any of, but not limited to, the following: match you with a Therapist or Client, as applicable, monitor your account, properly bill you for the Sites provided and create an account for you on the Site. Please be aware that any information that you choose to provide is done at your own risk. Although you may set certain privacy setting for such personal information, please be aware that no security measures are perfect or impenetrable. Additionally, Company cannot control the actions of other Users on the website, including the actions of Therapists, with whom you may choose to share your personal information with; therefore, Company cannot and does not guarantee that any information you willingly supply on the Site will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Techniques

As you navigate through and interact with the Site, and, in some situations, depending on whether you elect to become a subscriber to our Site, the Company may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including, but not limited to:

  • Details of your visits to the Site, including traffic data, location data and other communication data and the resources you access and use on the Site and
  • Information about your computer and internet connection, including your IP address, operating system and browser type.
  • Contact details, such as your name, email address, postal address, social media handle, and phone number;
  • Account login credentials, such as usernames and passwords, password hints and similar security information;
  • Other account registration and profile information, such as job title, educational and professional background and qualifications, and photo;
  • Payment information, such as a credit or debit card number;
  • Comments, feedback and other information you provide to us, including search query data and questions or information you send to customer support; and/or
  • Interests and communication preferences, including preferred language

Data From Your Organization

We also may obtain personal information about you from the organization with which you are employed or affiliated in order to activate and manage your and the organization’s access to and use of the including:

  • Contact details, such as your name and organizational email address, postal address, and phone number;
  • Other account registration information such as job title; and/or
  • Organizational user ID

Data From Other Sources

We also may obtain contact details and other information about you from our affiliates and from other third parties, including:

  • Social networks when you grant permission to the Site to access your data on one or more networks;
  • Site providers that help us determine a location in order to customize certain Sites to your location;
  • Businesses with which we offer co-branded Sites or engage in joint marketing activities; and/or
  • Publicly-available sources and data suppliers from which we obtain data to validate or supplement the information we hold.

Data From Interconnect Use, Including Cookies

The Site also may automatically collect information about how you and your device interact with the Site , including:

  • Computer, device and connection information, such as IP address, browser type and version, operating system and other software installed on your device, mobile platform and unique device identifier and other technical identifiers, error reports and performance data;
  • Usage data, such as the features you used, the settings you selected, your URL click stream data, including date and time stamp and referring and exit pages, search terms you used, and pages you visited or searched for on the Site ;
  • For location-aware Sites, the region, city or town where your device is located in order to provide you with more relevant content for where you are in the world.

This automatically collected information may also include information collected through cookies, web beacons and other tracking technologies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser; however, please be aware that if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, Company’s system will issue cookies when you direct your browser to the Site. Certain features of the Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. Pages of the Site and certain Company-issued e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit Company, for example, but in no way a limitation, to count Users who have visited those pages or opened an e-mail and for other related website statistics such as recording the popularity of certain website content and verifying system and server integrity. Company does not collect personally identifiable information automatically, but may choose, in Company’s sole discretion, to tie this information to personal information about you that Company has collected from other sources.

Third Party Use of Cookies and Other Tracking Technology

Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Site. The information these third-parties collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online Sites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

The Company does not control these third-parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible Company directly.

Section 3
PROCESSING AND USE OF DATA

Depending on how you interact with us and the Site, we may use your personal information. to:

  • Provide, activate and manage your access to and use of the Site; and your engagement with a Therapist;
  • Process and fulfill a request, order, download, subscription or other transaction;
  • Provide technical, product and other support and to help keep the Site working, safe and secure;
  • Enhance and improve the Site
  • Offer you customized content and other personalization to make the Site more relevant to your interests and geographical location ;
  • Respond to your requests, inquiries, comments and concerns;
  • Notify you about changes, updates and other announcements related to the Site and the services available from a Therapist through the Site;
  • Deliver targeted advertisements, promotional messages, notices and other information related to the Site and your interests;
  • Provide you with promotional messages and other information about the Site, of interest our affiliates and third parties such as sponsors;
  • Invite you to participate in User testing and surveys;
  • Identify usage trends and develop data analysis, including for purposes of research, audit, reporting and other business operations, including determining the effectiveness of our promotional campaigns and evaluating our business performance, or
  • Comply with our legal obligations, resolve disputes, and enforce our agreements.
  • Review the content of therapy sessions to maintain quality standards and respond to customer complaints.

With respect to the above-identified uses of your personal information, the Company will take commercially reasonable steps to ensure that your personally identifying information is kept confidential except where disclosure is required or permitted by law. Typically, Company will only use such information internally for data tracking and account management purposes; however, from time to time and in Company’s sole discretion, Company may choose to use third-party providers to process your information; furthermore, Company may also choose to supply certain non-identifying and aggregate information to share with advertisers and researchers. Company may also use non-identifying aggregate information from responses to assessments or evaluations you provide, and the frequency of the utilization of the Site, in an effort to enhance the products and Sites offered through the Site.

Company may choose to disclose information about you to Company’s affiliates and third-party subcontractors, and other such entities that the Company uses to support the Site . Furthermore, Company may also disclose information about you to respond to any government or regulatory request or to demonstrate compliance with applicable government regulations including, without limitation, The Health Insurance Portability and Accountability Act (“HIPAA”); to enforce and apply the Company’s Terms of Use, including for billing and collection purposes; and if Company believes such disclosure is necessary to protect the rights, property or safety of Company, you or any other person.

Aggregate and anonymous data may also be sent, in Company’s sole and absolute discretion, for publication on various media platforms, such as blogs and webpages, as well as in academic journals and reviews. No personally identifying information will be tied to the results submitted for research or publication, and Company will not share anything that could be used to identify you, your account or your private and personal information.

The Company cannot and does not attempt to anticipate all of the new or unanticipated uses of information you provide or that is collected about you through your use of the Site. If Company’s privacy policies change or if Company’s information gathering and collecting practice changes at some time in the future, Company will take reasonable steps to notify you of such changes and offer the ability to opt out of new uses, including by updating this Policy to reflect such changes.

It is Company’s goal to provide you with choices regarding the personal information you provide, but please note that Company may enable access to public information that has been shared through the Site and may also allow certain providers to the Company, such as Therapists, to access information so they can assist in the provision of services to effect the Purpose of the Site. Some information you provide is necessary to continue the successful operation of the Site and the Sites offered thereon. Company may choose to retain certain information until it is no longer necessary to the operation of the Site or your account. Company makes no representation that the information you have supplied or that Company has collected will be removed or deleted upon deletion of your account, whether by you or by Company. When you delete content from the Site, you agree and acknowledge that such removed content may persist in backup copies for legal protections as required by applicable laws and regulations up to seven years or by the applicable state regulations. but will not be available to others, such as third-parties. Upon request, Company will strive to supply Users with access to a description of information that Company maintains about them.

Furthermore, Company is not responsible for any data that is lost, exposed or used due to the nature of the internet and digital environments, the illegal actions of hackers and other criminals, technical malfunctions of servers and databases and any and all other risks associated with the use of digital mediums.

Section 4
PROTECTING YOUR INFORMATION

The Company has implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure; however, the safety and security of your information also depends on you. Where Company has given you (or where you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. It is highly advised that you do not share your password with anyone. The transmission of information via the internet is not completely secure; although Company does take efforts to protect your personal information, Company cannot guarantee the security of your personal information transmitted to the Site. Any transmission of personal information is at your own risk. Company and its affiliates are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Always be aware and on guard for “phishing” or other attempts by third-parties to collect your personal information. Online identify theft and account hacking are of great concern when utilizing a web-based medium to provide information. Company will never request information from you related to your login, password, credit card or other personal information in an unsolicited and non-secure communication.

By accessing and using this Site, you further agree to the following restrictions of use and access that have the potential to affect the privacy of information collected and provided through the Site. Such restrictions include, but are not limited to, the following:

  • You will not send or otherwise post unauthorized commercial communications, such as spam, on the Site;
  • You will not disable, overburden, damage or impair the Site or interfere with any other User’s access to or enjoyment of the Site, including their ability to engage in real time activities through the Site;
  • You will not use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the information provided by Users of the Site or the Company on the Site;
  • You will not introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • You will not attempt to gain unauthorized access to, interfere with, damage or disrupt any information found on, or any other parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • You will not supply false, misleading or otherwise inaccurate personal information to Company or otherwise attempt to create an account or profile for anyone other than yourself without such person’s permission;
  • You will not solicit personal information from any other User of the Site beyond what is publicly shown on such User’s account or profile; and
  • Otherwise attempt to interfere with the information supplied or located on the Site.

You can review and change your personal information that you have previously provided by logging into the Site and visiting your account profile page. You may also notify Company here to request access to, correct or delete any personal information that you have previously provided. Company may choose not to accommodate a request to change information if Company believes the change would violate any law or legal requirement or cause the information to be incorrect.

Company respects your rights and the rights of third-parties, and Company requires the same of all Users. You therefore agree, by using the Site, that you will not post content or take any action on the Site that infringes or violates the rights of another User or third-party, or that violates any law. Company, in Company’s sole discretion, may remove any content or information that you post on the Site if Company believes that it violates this Policy, the Terms and Conditions agreement or any law. You further agree that you will not use Company’s copyrights or any confusingly similar marks without Company’s written consent or permission. If you collect information from other Users you must first obtain such User’s written consent, provide written notice to such User that you, as an individual and in no way associated with Company, are the person collecting such User’s information and provide such User with your own privacy policy explaining how you plan to use such information and the steps you will take to protect it. You further agree and acknowledge not to post any User’s information, identifying documents or correspondence or sensitive financial information on the Site.

Section 5
EUROPEAN DATA PROTECTION LAWS

When we collect or otherwise process any personal information within the scope of European General Data Protection Law or other European data protection laws, we do so:

  • where necessary to provide the to effect services for the Purpose on the Site, to fulfil a transaction or otherwise perform a contract with you or at your request prior to entering into a contract;
  • where necessary for our compliance with applicable law or other legal obligation;
  • where necessary for the performance of a task carried out in the public interest;
  • where necessary to enable our customers to comply with their legal obligations;
  • where applicable, with your consent; and/or
  • where necessary to operate our business, protect the security of our systems, customers and Users, detect or prevent fraud, or fulfill our other legitimate interests as described in this Policy, except where our interests are overridden by your privacy rights.

Where we rely on your consent to process personal information, you have the right to withdraw your consent at any time, and where we rely on legitimate interests, you may have the right to object to our processing.

Section 6
DATA RETENTION

We retain your personal information for as long as necessary to provide the services provided through the Site and to fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements. If you access the Site through a subscription administered or sponsored by your organization, we retain your organization’s contact details after the termination of your organizations subscription to continue to communicate with you.

Section 7
LOCATION OF PROCESSING

Your personal information may be stored and processed in your region or another country where the Company, its affiliates and their service providers maintain servers and facilities, including [Australia, France, Germany, India, Ireland, the Netherlands, the Philippines, Singapore, the United Kingdom and the United States. ]We take steps, including through contracts, intended to ensure that the information continues to be protected wherever it is located in a manner consistent with the standards of protection required under applicable law.

Where personal information is transferred from the European Economic Area (“EEA”) or Switzerland to a country that has not received an adequacy decision by the European Commission, we rely on appropriate safeguards, such as the European Commission-approved Standard Contractual Clauses and the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, to transfer the data.

Section 8
MISC

Use at Your Own Risk. Company tries to keep this Site safe, but your use of, and access to, this Site is done at your own risk. Company is making the Site available without any express or implied warranties. Company does not guarantee that the Site will be safe or secure. Company shall not be responsible for the content, actions, omissions or data of third-parties or of any User. Furthermore, you agree to release and hold harmless Company and its affiliates, officers, directors, employees and agents from any and all claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third party or any User.

Compliance with Law Enforcement. Company cooperates with government and law enforcement officials and private parties to enforce and comply with the law. Be aware that Company may disclose, in Company’s sole and absolute discretion, any information, including your personal and identifying information, to government or law enforcement officials or private parties which information the Company believes to be necessary or appropriate to respond to claims and legal process, to protect the property and rights of Company and third-parties, to protect the safety of the public or any other person or to prevent activity that Company considers to be, or poses a risk of being, illegal, unethical or legally actionable. . Under certain circumstances, Company may be required by law to disclose information to law enforcement or other authorities in other to conform to Company’s professional and legal responsibilities. This duty specifically includes, but is not limited to, disclosure under the law requiring mental health professionals, such as the Therapists contracting with Company, to disclose information and/or take action in the following instances: (i) reported or suspected abuse of a child or vulnerable adult, (ii) serious suicide potential, (iii) probability of imminent physical injury and (iv) court-ordered presentation of treatment.

Transfer or Sale of Business. Company may sell or transfer some or all of Company’s assets, including your personal information, in connection with a merger, acquisition, consolidation, joint venture, reorganization or sale of assets or interests. Company will ensure that such transactions would be covered by an additional confidentiality agreement specifically addressing the protection of your personal information.

Governing Law. THIS POLICY IS GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAW OF THE STATE OF TEXAS, EXCLUDING ANY CONFLICT-OF-LAW RULE OR PRINCIPLE THAT MIGHT REFER THE GOVERNANCE OR THE CONSTRUCTION OF THIS POLICY TO THE LAW OF ANOTHER JURISDICTION. In the event of a direct conflict between the provisions of this Policy and any mandatory provision of law, the applicable provision of law will control; in all other events, the provisions of this Policy will control. Any disputes you have with Company shall be subject to the mandatory arbitration provisions of the Terms and Conditions agreement.

Jurisdictional Issues. Company does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. Company may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction that Company chooses, at any time and in Company’s sole discretion. By using the Site and submitting any personal information, you consent to the transfer of personal information to other countries, such as the United States, which may provide a different level of data security than in your country of residence.

Entire Agreement; Amendment and Modification. This Policy and the Terms and Conditions agreement set forth and contain all of the terms and conditions between you, as a User, and the Company. Company may, at any time and in its sole discretion, amend, alter, modify or replace the terms of this Policy without notice to you; provided, however, that the Company shall post any such amendment, alteration, modification or replacement to the Site and such changes will be effective as of the date they are posted to the Site. It is your responsibility to check this Policy periodically for changes. Your continued use of the Site after the positing of any such change will mean that you accept and agree to such changes. Company will not be liable if, for any reason, all or part of the Site is unavailable at any time or for any period of time. From time to time, Company may restrict access to some parts of the Site, or the entire Site, to registered Users.

Severability. If any provision of this Policy is held invalid, illegal or unenforceable for any reason by any law or regulation of any government, or by any court or arbitrator, such provision shall be replaced with a new provision that accomplishes the original business purpose, or eliminated or limited to the minimum extent necessary, and the other provisions of this Policy will remain in full force and effect.

Notice. You may communicate directly with Company by contacting Company here. Company does not guarantee any level of promptness or response period. Your communications with Company will be addressed in the order they are received, and Company does not warrant that a response will be issued within a certain time frame. Contact support@smartcounseling.com