Smart Guess Privacy Policy

Last modified June 7, 2023

This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

In summary, when You use the Smart Guess Application, the Company does not have access, collect, store, or otherwise process users' personal data within the Application. For this reason, during regular usage of the Smart Guess Application, the Company is neither a data processor nor data controller under GDPR. The Company, however, processes Personal data in the cases listed below under the section "Use of Your Personal data."

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.

Application means the software program provided by the Company installed by your Jira Admin on your Atlassian Jira Cloud instance, named Smart Guess

Application Logs means text files automatically generated by the Application that show information about errors and what happened during execution. This allows the Company to understand what might be causing problems and help resolve the issue. The Application Logs do not contain any personal user information.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Smart Guess ehf., P.O. Box 230, 222 Hafnarfjordur, Iceland. For the purpose of the GDPR, the Company is the Data Controller.

Country refers to Iceland. Notice that GDPR applies to Iceland by Decision No. 154/2018 of the EEA Joint Committee.

Data Controller for the purposes of the GDPR (General Data Protection Regulation) refers to the Company as the legal person who, alone or jointly with others, determines the purposes and means of processing Personal Data.

Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.

Personal Data is any information related to an identified or identifiable individual. For the purposes of GDPR, Personal Data means any information relating to You, such as a name, an identification number, location data, online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity.

Service refers to the Application.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

Usage Data refers to data collected automatically, either generated by using the Service or from the Service infrastructure itself (for example, the duration of a page visit). All Usage Data is anonymized and can’t be linked to a specific person.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or the User as the individual using the Service.

Websites Websites: refers to the following websites:

• https://smartguess.is
• Smart Guess - Atlassian Marketplace site
• Smart Guess Documentation

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, You may report incidents where You provide Us with certain personally identifiable information that can be used to contact or identify You. The Personally identifiable information we collect for this purpose is the following:

• Email address
• First name, last name (if provided by You as part of the email address)

Usage Data and Application Logs

No personal data will ever be collected by Smart Guess from Usage Data or Application logs. In line with GRPD purpose limitation.

Usage Data

The Company collects Usage Data for users who visit our Websites. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Websites through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

Application Usage Data might be collected at some point to understand usage of different features within the Application.

Any Usage Data collected while wisiting our Websites is anonymized and can’t be linked to a specific person.

Application Logs

Application Logs are automatically collected from Customers who don't disable sharing of Application Logs. No personal data is ever logged. The option to enable/disable Application Logs sharing is provided by Atlassian.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, or other equivalent forms of electronic communication, regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers, and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link provided in any email We send or by contacting Us.
• To manage Your requests: To attend and manage Your requests to Us.

We may share Your personal information in the following situations:

• With other users: when You join an estimation session in the Application we share your Jira User Avatar and Your name, as it's stored in Jira, making it visible to other users who can view the Jira issue on your Jira instance.
• With Service Providers: We may share Your personal information with a Service Provider, to contact you. This Service Provider have access to your Personal Data only to perform specific tasks on our behalf and are obligated not to disclose or use it for any other purpose.
• With Your consent: With Your prior consent, we may disclose Your personal information for other purposes.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices in Iceland and in places where the parties involved in the processing are located, see list below Service Providers we trust with Your Personal Data. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely, see section Security of Your Personal Data and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Do you store customer data away from the customer Atlassian instance?

Smart Guess stores no data away from customers Atlassian instances. Smart Guess builds on the Atlassian Forge platform, which is 'built on a foundation of security'. All data Smart Guess stores are using the Forge storage framework. Atlassian and Smart Guess have a shared responsibility model where Smart Guess is using the CustomUI - Forge module. Atlassian and Smart Guess security responsibilities are defined here: Atlassian shared responsibility model.

More information on Security measures can be found here:

• Smart Guess - Atlassian Marketplace Listing - Privacy and Security
• www.smartguess.is - Security FAQ

Do your employees (e.g., developers or system administrators) have access to Atlassian customer data?

Smart Guess employees have no access to any customer data stored in any Atlassian products.

Service Providers we trust with Your Personal Data

The following Service Providers We use and have access to Your Personal Data. These Service Providers process Your Personal Data in line with section Use of your Personal Data. They do so in accordance with their Privacy Policies.

We use the following Email Service Provider to manage and send emails to You:

• Drip: Their Privacy Policy can be viewed at https://www.drip.com/privacy

We use Google Sheets to keep track of active Customers

• Google Sheets: Understand the basics of privacy in Google Sheets

Payments

We provide paid products and/or services within the Service. We do not store or collect Your payment details. Atlassian handles payment processing for our Service.

• Atlassian - Their Privacy Policy can be viewed at https://www.atlassian.com/legal/privacy-policy

GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

• Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
• Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
• Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company. In any case, the Company will gladly help clarify the specific legal basis that applies to the processing, particularly whether the provision of Personal Data is a statutory or contractual requirement or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights. You have the right under this Privacy Policy, and by law if You are within the EU, to:

• Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request the deletion of Your Personal Data directly within Your account settings section. If you cannot perform these actions yourself, please contact us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
• Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
• Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
• Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
• Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
• Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), don't hesitate to contact your local data protection authority in the EEA.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You know that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that we do not operate. If You click on a third-party link, You will be directed to that third-party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for any third-party sites or services' content, privacy policies, or practices.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service as soon as the change becomes effective and update the "Last updated" date at the top of this Privacy Policy.

Contact Us

If you have any questions about this Privacy Policy, You can contact us

• By email: hello@smartguess.is