Privacy Policy
Last Updated: July 18, 2024
This Privacy Policy describes how GSpeech, operated by Smarts Club LLC (“Company,” “we,” “our,” or “us”) may collect, use, and share information in connection with the operation of our website https://gspeech.io and all other sites, applications, software, platforms and/or tools where this Privacy Policy is posted (collectively, the “Website”). Please read this Privacy Policy carefully. By using our Website, you acknowledge you have read and understand the terms of this Privacy Policy and our separate Terms of Service, which are incorporated herein by reference. If you do not agree with our practices, you may not use or access the Website. Capitalized terms that are not defined in this Privacy Policy have the meaning ascribed to them in our Terms.
This Privacy Policy only applies to the Website, and not to websites, applications, systems, or other services or platforms of third parties (collectively, “Third Party Service(s)”), even if such Third-Party Services are linked to or accessible from our Website. Each Third-Party Service will have its own data collection and usage practices, and may use their own cookies, web beacons, and other technology to collect information from you. We are not responsible for Third Party Services.
1. Who controls your information?
Information provided to or gathered through the Website is controlled by:
- Smarts Club LLC
- 1209 MOUNTAIN ROAD PL NE STE N
- ALBUQUERQUE, NM, 87110
- USA
- Email: info@smarts.club
2. What information do we collect?
“Information” as used in this Privacy Policy is any information from or about an identified or identifiable person, including information that Company can associate with an individual person. We may collect, or process on behalf of our users, the following categories of personal information when you use or interact with the Website:
- 2.1 Account Information: Information associated if you create an Account on the Website, which may include your full name, contact information including your email address, your website’s domain, and subscription plan information.
- 2.2 Content for Audio Generation: We collect information from you for which you enabled audio generation. Once you enable audio synthesis for certain content, we collect it and store in our database. That is required for audio generation, and for your usage on your dashboard. We do not share that information(except section 5.1.1), it is stored only for your usage!
- 2.3 Generated Audio Files: Once you enable audio generation for certain content, we generate audio files, and store them on Google Cloud. You do not need to create an account there, it uses our account. We do not share those files. For more information about Google Cloud’s privacy practices, check Google Cloud Privacy Policy.
- 2.4 Transaction/Payment Information: We use third-party integration through Stripe and PayPal to process your payments. For more information about Stripe and PayPal’s privacy practices, visit Stripe’s Privacy Policy and PayPal's Privacy Policy.
- 2.5 Location Information: We may collect information about where you are located, both generally and at the time you access the Website. For example, we may ascertain your approximate location from your IP address.
- 2.6 Device Information: Information about the computers, phones, and other devices you use when interacting with the Website, which may include information about the OS version, IP address (which may be used to infer general location at a city or country level), device attributes (like operating system version).
- 2.7 Log and Usage Data: Log and usage data are service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings, and information about your activity on the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called “crash dumps”) and hardware settings.
- 2.8 Analytics Data: We collect some analytics data from server logs to display on our user dashboard.
3. How do we collect your information?
We gather the type of information referenced in Section 2 through the following sources and means:
- When you provide information. Company collects information when users voluntarily enter or upload it while using the Website, such as information you provide, Content, certain transaction and payment information, location information, and other information.
- Information from your use of our Website. We and our partners use various technologies to collect and store information when you use, access, or interact with our Website. This may include using Cookies or similar technologies to identify your browser or device. In addition, we may collect information from or about the computers, phones, or other devices when you access our Website such as the operating system, hardware version, device settings, device identifiers, language and time zone, IP address, and server logs.
- Through your communications. We may collect information from you outside of your use of the Website, such as if you email us.
- Through Cookies, tracking tools, and other automated technologies. When you use any website, certain information can be automatically collected through technological means. When you access our Website, your web browser automatically sends us device and internet connection information and certain internet activity information. We also use “Cookies” (i.e., files that are placed on your computer or other device by websites you visit) and web beacon technology to gather device and internet connection information, internet activity information, identifiers, and location information. The primary purpose of a Cookie is to identify you as a unique user of the Website. You can change your Cookie settings in your Internet browser (e.g., Chrome, Edge, Firefox). If you disable Cookies, some of the features of the Website may not function correctly. For more information, see https://allaboutcookies.org/.
- From Third Parties. We may collect the following types of information from Third Parties: (i) transaction and payment information (such as when you have your payment information saved in your web browser), (ii) device/internet connection information, (iii) internet activity information, and (iv) location information.
4. How do we use your information?
We process information for purposes outlined in this Privacy Policy based on legitimate business and commercial interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent. In particular, we process information for the following purposes:
- We use information to fulfill and manage orders and payments made through the Website.
- We use information to provide our audio generation services.
- We use information to fulfill and manage orders and payments made through the Website.
- We use information to improve our Website and services to better serve our users.
- We use information to respond to inquiries and solve any potential issues.
- We use information to send periodic emails regarding orders and our Services.
Legal Bases for Use
If you reside in a location governed by the GDPR, then the following are Company’s legal bases for the processing of your information:
- In so far as we have obtained consent for processing operations of information by the data subject, Art. 6(1) lit. a GDPR serves as the legal basis. For the processing of information necessary for the performance of a contract to which the data subject is a party, Art. 6(1) lit. b GDPR serves as the legal basis. The same applies to such processing operations that are necessary for carrying out pre-contractual measures. In so far as the processing of information is required to comply with a legal obligation to which Company is subject, Art. 6(1) lit. c GDPR serves as the legal basis. In the event that processing of information may be necessary to protect the vital interests of the data subject or of another natural person, Art. 6(1) lit. d GDPR serves as the legal basis. If processing is necessary for the purposes of the legitimate interests pursued by Company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, processing operations are based on Art 6 (1) lit. f GDPR.
5. Do we share your information?
We may share your information to fulfill our business or commercial obligations, to provide you with our Website and services, to protect your rights, or with your consent. In particular, we may process and share your information for the following purposes:
- 5.1 Business Purposes. When we share your information for a “Business Purpose,” it means such use is reasonably necessary and proportionate to achieve an operational purpose of Company. The following are the Business Purposes for which we share information:
Third Parties
- 5.1.1 Service Providers. These Third Parties provide services to Company that allow us to operate the Website, provide our services to users, communicate with users, and so forth. Examples include payment processors, email fulfillment providers, text-to-speech services providers, automatic translation providers, and so forth.
Types of Information: Information Outlined in Section 2.
- 5.1.2 Business Transaction. Should we be subject to an acquisition, merger, sale or other change of control or business entity status, we reserve the right to transfer or assign your information as part of that acquisition, merger or sale. We may also disclose, transfer, and share your information to our affiliated entities, in which event, your information shall be treated by the affiliated companies in accordance with this Privacy Policy. Affiliated entities are different than Third Parties in that they are businesses that are directly related to us and have common ownership with us.
Types of Information: Information Outlined in Section 2, except 2.2, 2.3.
- 5.1.3 Government Officials and Private Parties Pursuant to Valid Legal Process. We may be required to disclose your information in response to subpoenas, court orders, and other legal processes. We may also disclose personal information when we believe it is necessary to prevent illegal, fraudulent, or injurious actions that may cause harm to individuals.
Types of Information: Information Outlined in Section 2, except 2.2, 2.3.
- 5.2 Commercial Purposes. When we share your information for a “Commercial Purpose,” it means such disclosure is intended to advance Company’s business interests, such as by advertising our Website. The following are the Commercial Purposes for which we may share your information with Third Parties:
Third Parties
- 5.2.1 Other Consumers. We may share your reviews, testimonials and other content uploaded by you to advertise and market our Website and services, including by reposting your testimonials on the Website, in our advertising, or through our social media accounts or using screenshots with our player installed.
Types of Information: Public Information and User Content.
6. Do we sell your information to others?
We do not sell, rent, or otherwise share information that reasonably identifies you or your organization with unaffiliated entities for their independent use except as expressly described in this Privacy Policy or with your prior permission.
7. How do we protect your information?
We have implemented reasonable technical and organizational security measures designed to protect the security of any information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to improperly collect, access, steal, or modify your information. Transmission of information to and from our Website is at your own risk. You should only access the Website within a secure environment.
8. How long do we keep your information?
We retain the information we collect no longer than is reasonably necessary to fulfill the purposes for which we collect information and to comply with our legal obligations, unless a longer retention period is required or permitted by law or valid court order. We may also delete your information, Content, and Account should it violate our Terms or any applicable laws.
9. Do we transfer your information to a different country?
If you are visiting the Website from a location outside of the United States, your connection will be through and to servers located in the United States and EU, and all information you provide will be processed and maintained in our web servers and internal systems located within the United States and EU. By using the Website, you authorize and consent to the transfer of personal data to the United States and the EU.
10. What are your rights and how can you exercise them?
Under certain privacy legislation, such as the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR) or analogous laws, which may apply to you, you may request to correct, amend, access, or delete information. These requests can be made by contacting us through our Live Chat feature or by emailing info@smarts.club. We will not discriminate against you for making a privacy request or asserting your privacy rights. To protect your privacy and security, we may take reasonable steps to help verify your identity before granting your request. We may also take steps to verify any authorized agent making a request on your behalf.
If such privacy legislation applies to you:
- Access and Correction: You have the right to access and correct information.
- Disclosure: You have the right to request that we disclose the following to you: the categories of information we have collected about you; the categories of sources from which the information is collected; the business or commercial purpose for collecting the information; the categories of third parties with whom we share the information; and the specific pieces of information that we have collected about you.
- Deletion: You have the right to request deletion of your information, subject to applicable laws. Please note that if you share information with other users or post it publicly, we will not be able to delete such third-party access to your information.
- Restriction of Processing: You have the right to restriction of processing of information, so that respective data will be marked and only be processed for certain purposes.
- Data Portability: You have the right to receive the information concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and to transmit that data to another entity without hindrance from us.
- Objections: You have the right to object, on grounds relating to your particular situation, regarding the processing of your information. If your information is processed for direct marketing purposes, you have the right to object to the processing of information for such marketing, which includes profiling to the extent that it is related to such direct marketing.
- Withdraw Consent: If you have declared your consent for any information processing activities, and you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
- Complaints: You may lodge a complaint with a competent supervisory authority.
California Shine the Light: Under California’s “Shine the Light” law, California residents who provide information to the Website may request certain information regarding our disclosure of information to third parties for their direct marketing purposes.
Rights of European Union Residents: If you are a resident of the European Union, you are granted rights to allow you greater access to and control over your information, which include the right to: (i) request access and obtain a copy of your information, (ii) request rectification or erasure of your information, (iii) restrict the processing of your information, (iv) data portability, and (v) object to the processing of your information, as well as rights around automated decision making and profiling. To exercise these rights, you can contact us by email at info@smarts.club or by referring to the contact details at the bottom of this Privacy Policy. If we are relying on your consent to process your information, you have the right to withdraw your consent at any time. This will not affect the lawfulness of the processing before withdrawal of your consent, nor will it affect the processing of your information conducted in reliance on lawful processing grounds other than consent.
If you are a resident of the European Union and you believe we are unlawfully processing your information, you also have the right to complain to your local data protection supervisory authority and can visit: https://commission.europa.eu/law/law-topic/data-protection_en.
If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
11. How do we protect the privacy of children?
Company will never knowingly collect any personal information about children under the age of 13. If we obtain actual knowledge that we have collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because we do not collect such information, we have no such information to use or to disclose. We have designed this policy to comply with the Children’s Online Privacy Protection Act (COPPA).
12. Privacy practices of Third Parties
Our Website and services may include content or links to content, products, or services provided by Third Parties. This Privacy Policy only addresses the use and disclosure of information by Company through your interaction with the Website and services. Third Party Services that may be accessible through links have their own privacy policies and information collection, use, and disclosure practices. Third-party sellers, advertisers, and partners also have their own privacy practices. We encourage you to familiarize yourself with the privacy statements provided by these Third Parties prior to providing them with information or taking advantage of Third-Party offers.
13. How can you opt-out from marketing communications?
By providing your email address through the Website or sending Company an email, you consent to receive emails from us, including information concerning your Account and advertising messages. Depending on your location, we may obtain additional consent from you via checkbox disclosures or an email requesting confirmation before you can receive such information. Providing consent to promotional emails is not a condition of purchasing any goods or services from the Company. You can unsubscribe to advertising emails at any time by clicking the unsubscribe link within the email or by contacting us at info@smarts.club. Please note that even if you unsubscribe from advertising emails, we will still send you necessary, non-promotional emails about your purchases, Account, or updates to our Privacy Policy or Terms.
14. Do we respond to Do Not Track (DNT) Signals?
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. We do honor DNT signals and will not track, plant cookies, or use advertising when a DNT browser mechanism is in place.
15. How will you know when we change our Privacy Policy?
Each time you visit the Website, the then-current version of this Privacy Policy will apply, and we reserve the right to modify this Privacy Policy at any time by posting such modified version via the Website. You should periodically review this Privacy Policy. Unless we receive your express consent, any revised Privacy Policy will only apply to information collected after the effective date of such revised Privacy Policy and not to information collected earlier.
16. How can you contact us regarding this Privacy Policy?
If there are any questions regarding this Privacy Policy, you may contact us through our Live Chat feature or by emailing info@smarts.club.