Terms of Use & Privacy Policy

TERMS OF USE AND PRIVACY

Website Terms of Use

These “Terms of Use” of SMRTFT, LLC (“SMRTFT,” “we,” “our,” or “us”) set forth the terms and conditions that apply to your use www.smrtft.com (the “Web Site”). By using the Web Site (other than to read this page for the first time), you agree to comply with all of the Terms of Use (“Terms” or “Terms of Use”) set forth herein. The right to use the Web Site is personal to you and is not transferable to any other person or entity. By using any of our services to order products, including just browsing our website (“Services”), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. 

 

Your Account

You must be 18 years or older to use our Services.  Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision.  Children under 13 years of age are not permitted to use the Services or our Web Site. 

You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

 

Your Use of Our Services

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services subject to the Terms. Furthermore and notwithstanding the license granted to you, you agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against us, another of our users, or a third party.

 

Termination

You may terminate your account with SMRTFT at any time. We also may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it is important to understand that you do not have a contractual or legal right to continue to use our Services. SMRTFT may refuse service to anyone, at any time, for any reason. If you or SMRTFT terminates your account, you may lose any information associated with your account. SMRTFT further reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

 

Copyrights and Trademarks

All materials contained on the Web Site are Copyright July 2020, SMRTFT LLC. All rights reserved.

No person is authorized to use, copy or distribute any portion the Web Site including related graphics.

SMRTFT LLC and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify us and the goods and/or services provided by us. Such marks may not be used under any circumstances without the prior written authorization of SMRTFT.

 

Correction of Errors & Inaccuracies

We endeavor to present the most recent, most accurate and most reliable information on the Web Site at all times. However, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your smrtft.com purchase you may return it with the original smrtft.com packing receipt. Please see our Return Policy.

 

Typographical Errors

In the event a smrtft.com  or SMRTFT catalog product is listed at an incorrect price due to typographical error or systems error, SMRTFT shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. SMRTFT shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

 

Links to Third-Party Web Sites

SMRTFT may provide hyperlinks to third-party web sites as a convenience to users of our Web Site. SMRTFT does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. SMRTFT does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. SMRTFT will have no liability to any entity for the content or use of the content available through such hyperlink.

 

No Representations or Warranties; Limitations on Liability

The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. TO THE EXTENT PERMITTED BY LAW, SMRTFT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.

For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

 

Changes to These Terms of Use

SMRTFT reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location.

 

Accessibility

We believe that all customers should be able to successfully shop online at www.smrtft.com and are currently taking steps to further enhance the accessibility of our site and mobile site.  Please see our Website Accessibility Statement here.

 

Privacy Policy

Thank you for visiting smrtft.com (the “Website”) and reviewing our Privacy Policy. This Privacy Policy (“Policy”) applies to personal information we collect on this website. SMRTFT is responsible for this website.

SMRTFT is committed to complying with the General Data Protection Regulation and the Data Protection Act 2018. The Policy describes the types of personal information we collect on this site and in other ways discussed below, how we may use that information, and with whom we may share it. The notice also describes the measures we take to protect the security of the personal information. We also tell you how you can reach us to ask us to (i) access, change, or not use the personal information you have provided to us; (ii) withdraw any consent you previously provided to us; (iii) tell us to refrain from communicating with you about our products or services; and (iv) answer any questions you may have about our privacy practices.

We may update our Privacy Policy to ensure our policies are in line with international regulations and best business practices. If any changes are made to this statement, we will notify you by updating our website. Please review it regularly.

  1. What Type of Information We Collect and How We Use It.

Individuals may choose to provide personal information (such as name, contact details, and payment information) through this website and at our flagship store. Here are the ways you may provide the information and the types of information you may submit. We also tell you how we may use the information.

  1. Shopping

You may be able to purchase SMRTFT products on this website. To process your purchase, we ask for information such as your name, billing and shipping address, telephone number, email address, and payment card information. We use this information to process your purchase, confirm your order, and deliver the items to you. If you give us permission, we also may use your contact information to communicate with you about our products, services, and promotions.

If you purchase an item on this site, or ask us to deliver your purchase to someone else, we ask for the recipient’s name, postal address, and email address. We use this information to send the item to the recipient. If you ask us to do so, we also may use this information to notify the recipient of your gift before it arrives.

  1. Your Account

You may be able to register to create an account on our website. To do so, we ask for information such as your name and email address. You also may provide your age and gender.

As you register, you can store billing and shipping information so you won’t have to enter it again when you make another purchase on this site. You also can store payment card information and details of your past purchases. In addition, you can save your credit card information on your account for faster checkout. To use this feature, we ask you to provide your credit card information and the corresponding billing address.

  1. Surveys, Promotions & Rewards Programs

On our Website, you may be able to participate in surveys, promotions and rewards programs. If you choose to participate in these surveys, promotions and/or rewards programs, we may ask you for information such as your first and last name, date of birth, email address, postal address, and telephone number. We use the information you provide to administer our surveys, promotions and rewards programs. We also may use the information to communicate with you about our products, services but only if you have given us your consent to do so.

  1. Electronic Newsletters

You may be able to sign up on this site to receive electronic newsletters and promotional emails from SMRTFT, including new ideas, special offers and event information. To sign up, we may ask you for information such as your name, email address, postal address, telephone number, age, gender, shopping preferences and email preferences. We use this information to send you communications about our products and services, invitations to specials sales and events, and notices of new arrivals. We also use this information to tailor our newsletters to reflect your preferences. You can choose at any time not to receive marketing emails from us by clicking on the unsubscribe link within our marketing emails. There is no charge to you to unsubscribe.

  1. Product Reviews

You may be able to submit product reviews of products you have purchased on our website. You may include personal information in your comment, and you also may submit your name with your comment. We use your name to identify you as a commenter.

  1. Customer Service

If you communicate with us through any links on our Web Site, we may ask you for information such as your name, email address, ZIP code, and telephone number. We use this information to respond to and communicate with you about your questions and comments.

  1. Other Site Features

We offer visitors to this website various features for their information and enjoyment, which we may change from time to time. We may ask you to submit certain personal information so we can provide you with these features and send you communications about our products, services, and promotions.

  1. Information Collected by Automated Means

We obtain certain information by automated means when you visit our website, such as through cookies, web beacons, and web server logs. The information we collect in this manner includes the IP address of the device you use to connect to the internet, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our site, dates and times of website visits, and the pages accessed. By collecting this information, we learn how to best tailor our website to our visitors and understand what products and services you might prefer. Both we and others (such as our service providers) may collect personal information about our visitors’ online activities over time and across third-party websites.

Like many companies, we use “cookies” on this website. Cookies are bits of text that are placed on your computer’s hard drive when you visit certain websites. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. We use cookies, for example, to preserve the contents of your virtual shopping bag between visits. We also use cookies to measure activity on the site and determine which areas and features of the site are the most popular.

Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Without cookies, however, you may not be able to take full advantage of all our site features. For example, if you turn off cookies or refuse them, you will not be able to make purchases on the site.

Certain pages on this website contain “web beacons” (also known as internet tags, pixel tags, and clear GIFs). Web beacons are used for internal purposes, such as to obtain the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, and the type of browser used to view the page. We also retain service providers who use web beacons to assess the effectiveness of our email communications and learn what pages our visitors viewed.

We use information collected through these automated means for purposes such as (i) customizing our users’ visits to our website, (ii) delivering content tailored to our users’ interests and the manner in which our users browse our sites, and (iii) managing our sites and other aspects of our business. To the extent required by applicable law, we will obtain your consent before collecting information using cookies or similar automated means.

We also may use third-party web analytics services, such as those of Adobe Analytics and Google Analytics, to measure the effectiveness of our advertising and determine how visitors use this website. These service providers’ tools, including cookies and web beacons, allow us to collect information such as the state and ZIP code from which our visitors come and the IP addresses of our visitors’ computers. To opt out of aggregation and analysis of data collected by Adobe Analytics and Google Analytics, please click here and here.

  1. Interest-Based Advertising

We may collect information about your online activities on our website to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. This section of our Privacy Policy provides details and explains how to exercise your choices.

You may see certain ads on other websites because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based, and contextual means. These partners track your online activities over time and across websites by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our website and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. For example, we utilize Criteo targeted advertising services to show you our ads on other websites based on your prior visits to our site and other online activity. You can opt out of this feature by clicking email support@smrtft.com

  1. Customer Satisfaction Surveys

When you buy products, we may ask you to complete a customer satisfaction survey. If you choose to do so, you may provide information such as your name, email address, telephone number, age, gender, and other demographic information, in addition to your comments. Providing any of this information is optional. We use the information you provide to improve our products and services, and to enhance your shopping experience.

  1. Other Ways We Collect Personal Information

 

  1. Information We Share

We do not sell or otherwise disclose personal information about our customers, except as described here. We also may share the information with our service providers who perform services on our behalf based on our instructions. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

We also may disclose information about you (i) if we are required to do so by law or legal process (such as a court order), (ii) in response to a request by law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

  1. How We Protect Personal Information

We maintain appropriate administrative, technical, and physical safeguards to protect the personal information you provide on this website or in our stores against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure or use and other unlawful forms of processing. We use Secure Sockets Layer (“SSL”) technology to protect the transmission over the internet of your payment card data. You can check the security of your connection by looking at the URL line of your browser. When accessing a secure site, the first characters of the site address change from “http” to “https.” If you are using a web browser or firewall that does not permit communications through secure sites, you will not be able to make purchases on our site.

We strive to protect the confidentiality and security of Social Security numbers (“SSNs”) in our possession, custody, or control by employing reasonable safeguards seeking to (i) restrict employee access to and use of SSNs, (ii) prevent unauthorized third-party access to SSNs, and (iii) prohibit unlawful disclosure of SSNs.

  1. Access and Correction

Subject to applicable law, we provide you with access to personal information we have retained about you and the ability to review, correct, update, block, or delete the information where it is inaccurate. Subject to applicable law, we may limit or deny access to personal information where providing such access is unreasonably burdensome or expensive under the circumstances. Please submit your request to  _____________________. Please include your name, email address, and postal address in your request.

  1. Children’s Privacy

Our Website is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13 on the site. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on this site, we will delete the information from our records.

  1. Governing Law and Jurisdiction

This Privacy Policy constitutes a contract made under and shall be governed by and construed in accordance with the laws of the State of California. All disputes arising out of any terms or conditions of this Privacy Policy shall be subject to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California.

  1. No Warranties

TO THE EXTENT PERMITTED BY LAW WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS POLICY, OUR WEBSITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE, OR ANY SITES LISTED THEREIN, AND THE WEBSITE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEB SITE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEB SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW IN NO EVENT WILL THE WEB SITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED FROM THE WEB SITE, EVEN IF THE WEB SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITE.

For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

  1. Last Update

This Privacy Policy was last updated in July 20, 2020.