Last modified March 21, 2023
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."
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.
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
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:
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. Personally identifiable information may include, but is not limited to:
Any Usage Data collected is anonymized and can’t be linked to a specific person. Application Logs are collected from Customers who don't disable sharing of Application Logs. As stated above no personal data is logged. Usage Data might be collected at some point to understand usage of the Application. The Company collects Usage Data for users who visit Smart Guess 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.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
The Company may use Personal Data for the following purposes:
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
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.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
We may share Your personal information in the following situations:
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.
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. 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.
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).
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
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.
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
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.
We may process Personal Data under the following conditions:
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.
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.
We have no control over and assume no responsibility for any third-party sites or services' content, privacy policies, or practices.