smarkt (“smarkt”, “we”, “our”, or “us”) respects the privacy of individuals who use our website https://www.smarkt.tech, our mobile applications, hardware, software, blockchain products, and any other services offered by smarkt (collectively, the “Services”). This Privacy Policy (the “Policy”) applies to individuals who visit our website, use our applications, purchase or register devices, subscribe to our software, or interact with us in any other capacity (collectively, “Users”, “you”, or “your”). It describes how we collect, use, disclose, and protect your personal data, your rights and choices regarding your information, and how you can contact us. By using our Services, you agree to this Policy. If you do not agree, please discontinue use of the Services.

1. 1. Personal Data We Collect

   “Personal Data” means any information related to an identified or identifiable individual, including where applicable under Mexican, U.S., U.K., or E.U. law.

   We collect Personal Data from you directly, automatically through your use of the Services, and from third parties.

   • a. Information you provide

     • Information You Provide Account and Registration Data: name, email, password, phone number, and country
     • Purchase Data: shipping and billing address, payment information, order details, tax ID (if applicable).
     • Identity Verification: photo ID, national ID number, or equivalent (for KYC or anti-fraud purposes).
     • Communication: support requests, feedback, complaints, emails, and any correspondence.
     • Marketing and Partnerships: social media handles, company name, and promotional information if you participate as reseller, affiliate, or ambassador.
     • Careers: information submitted via job applications (education, work history, etc.).

   • b. Information Collected Automatically

     • Device and Technical Data: device model, operating system, IP address, browser type, language, time zone, and version information.
     • Usage Data: activity logs, pages visited, actions performed, date and time of access, and interactions with the Services.
     • Cookies and Similar Technologies: we and our analytics/advertising partners (e.g., Google Analytics) use cookies, pixels, and tracking technologies to analyze use and personalize content. You may disable cookies in your browser settings, but some features may not function properly.

   • c. Information from Third Parties

     We may receive Personal Data from:

     • Payment processors and identity verification partners.
     • Business partners and analytics providers.
     • Public sources, including social media, when you interact with our accounts.

2. 2. How We Use Personal Data

   We use Personal Data to:

   1. Provide and operate the Services (including registration, authentication, device management, and transactions).
   2. Improve our products, user experience, and system performance.
   3. Communicate with you (support, updates, security notices, and administrative information).
   4. Conduct marketing and advertising campaigns, subject to applicable opt-out rights.
   5. Comply with legal and regulatory obligations, including KYC/AML, tax, and data protection laws.
   6. Detect and prevent fraud, abuse, or unauthorized access.
   7. Enforce our Terms of Service and protect our rights or those of others.
   8. Perform analytics and research using anonymized or aggregated data.

3. 3. How We Share Personal Data

   We may share Personal Data as follows:

   • a. Under GDPR / UK GDPR

     • Service Providers: with vendors providing hosting, payment processing, logistics, analytics, and IT support.
     • Business Partners: affiliates, distributors, or resellers assisting in delivery of the Services.
     • Advertising Partners: to deliver or measure ads (you can opt out via your browser or device settings).
     • Legal or Regulatory Authorities: where required by law or to protect our rights, property, and users.
     • Corporate Transactions: in case of merger, acquisition, reorganization, or sale of assets.
     • With Your Consent: when you explicitly authorize sharing.

     We do not sell your Personal Data.

4. 4. Your Rights and Choices

   Depending on your location, you may have the following rights:

   • a. Under GDPR / UK GDPR

     • Access: know what data we hold about you.
     • Rectification: correct inaccurate or incomplete data.
     • Erasure (“Right to be Forgotten”): request deletion of your data.
     • Restriction: limit how we process your data.
     • Portability: obtain your data in a structured, machine-readable format.
     • Object: oppose certain processing (e.g., direct marketing).
     • Withdraw Consent: when processing is based on consent.

   • b. Under Mexican Law (LFPDPPP)

     You have ARCO Rights (Access, Rectification, Cancellation, Opposition) and may exercise them by emailing us at [email protected], including:

     • Proof of identity, and
     • Clear description of the data or rights you wish to exercise. We will respond within 20 business days as provided by Mexican regulations.

   • c. General Choices

     California residents have the right to:

     • Email Communications: you may unsubscribe using the link in our emails or by contacting us.

     Cookies: adjust your browser or device settings to limit tracking.

5. 5. Cross-Border Data Transfers

   smarkt operates globally. Your Personal Data may be transferred to and processed in the United States, Mexico, the United Kingdom, the European Union, or other countries where we or our partners operate.

   We ensure adequate protection through:

   • Standard Contractual Clauses (for EU/UK transfers),
   • Privacy Shield or equivalent certifications, and
   • Compliance with Mexican data export requirements.

   By using our Services, you consent to such international transfers.

6. 6. Data Retention

   We retain Personal Data only as long as necessary for the purposes set out above or as required by law (e.g., tax, accounting, or anti-fraud obligations).

   When no longer needed, we securely delete or anonymize data.

7. 7. Data Security

   We implement administrative, technical, and physical safeguards designed to protect your Personal Data from loss, misuse, or unauthorized access. These include:

   • encryption and secure transmission protocols,
   • restricted access to authorized personnel,
   • monitoring and incident response mechanisms.

   However, no online system is entirely secure. Use of our Services is at your own risk.

8. 8. Children's Privacy

   Our Services are not directed to children under 18 years of age, and we do not knowingly collect Personal Data from them. If we become aware that a minor has provided data, we will promptly delete it.

9. 9. Updates to this Policy

   We may update this Policy periodically. Material changes will be notified through the platform or by email at least 30 days before they take effect. Continued use of the Services after such notice constitutes acceptance.

10. 10. Complaints

    If you have concerns or complaints about our privacy practices, please contact us first.

    Email: [email protected]

    If you reside in:

    • Mexico: you may file a complaint with INAI (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales).
    • EE. UU.: contact your local consumer protection agency.
    • EU/UK: contact your national data protection authority.

11. 11. Contact Information

    Smarkt

    Email: [email protected]

    Website: https://www.smarkt.tech