Privacy Policy

1. WHO CONTROLS YOUR INFORMATION?

Information provided to or gathered through the Website is controlled by:

• Smarts Club LLC1209 MOUNTAIN ROAD PL NE STE N
  ALBUQUERQUE, NM, 87110
  USA
  Email: info@smarts.club

We determine how account, billing-administration, security, and support information is processed for operating our business. Where we process personal data in customer-submitted content on a customer's behalf, this Policy applies. A separate written data-processing agreement applies only if we have entered into one with you. Customers providing services to their own clients must establish their authority to submit that content and the privacy arrangements applicable to their projects.

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 InformationInformation 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 GenerationWe receive the text and related generation instructions submitted to GSpeech or selected for audio generation through an enabled integration. We store source text in our database to provide audio generation and dashboard functionality. Where speech synthesis or translation requires a service provider, the relevant content is processed by that provider as described in Section 5.
• 2.3 Generated Audio FilesWe generate audio from submitted content and store audio files in Google Cloud to provide playback and the file-access features available under your plan. Audio published through a publicly accessible player is made available to its listeners. Copies downloaded or independently republished by you or others are not removed merely by deleting the corresponding material from GSpeech.
• 2.4 Transaction/Payment InformationWe 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 InformationWe 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 InformationInformation 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 DataLog 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 DataWe collect some analytics data from server logs to display on our user dashboard.
• 2.9 Purchases through AppSumoAppSumo processes purchases on its platform under its own Privacy Policy. We process the account and license information necessary to activate and administer your GSpeech purchase and provide support. Content submitted to GSpeech is covered by this Policy regardless of where you purchased your plan.

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 informationCompany 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 WebsiteWe 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 communicationsWe 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 technologiesWhen 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 PartiesWe 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 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.

Model Training. GSpeech does not currently use customer-submitted text or generated audio to train its own AI models. This statement describes GSpeech's own practice. Processing by speech and translation providers depends on the service and contractual settings we use, as explained in Section 5. If we introduce a new training use, we will assess the applicable legal basis, provide the required information, and obtain consent where required before that use begins. This Policy does not give us blanket permission to introduce undisclosed training uses.

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 PurposesWhen we share your information for a “Business Purpose,” it means such use is reasonably necessary and proportionate to achieve an operational purpose of Company.
• 5.1.1 Service ProvidersThese 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. For audio generation and translation, we engage providers to process the content necessary for the selected feature. We use Google Cloud to store generated audio. Provider processing is governed by the applicable service agreements and data-protection terms; links to provider notices supplement, rather than replace, our explanation of the processing we arrange. Further information is available in the Google Cloud privacy information, OpenAI Privacy Policy, and Gemini API data-processing terms. These references do not mean that every provider processes every request. Types of Information: Information Outlined in Section 2.
• 5.1.2 Business TransactionShould 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 ProcessWe 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 PurposesWhen 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.
• 5.2.1 Other ConsumersWe may use reviews, testimonials, or other promotional materials you authorize us to publish to describe and market GSpeech, subject to the permissions given. Submitting text for speech generation or creating an audio file does not itself authorize us to use that material in advertising. Types of Information: Reviews, testimonials, and other promotional materials authorized for publication.

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 personal information only for as long as necessary for the purposes described in this Policy and applicable legal obligations. Retention depends on the category of information and the service being provided.

You can delete a website from your GSpeech dashboard. You can also request deletion of your account and associated personal data or content by emailing info@smarts.club. Deleting a website is not the same as requesting deletion of all account data. We may verify your identity and authority before acting on a request.

Where applicable law requires us to retain certain records, we will explain any relevant exception. We respond to privacy requests within the period required by applicable law; under GDPR this is normally one month, with extensions available in qualifying cases. Deletion of information held by GSpeech does not automatically delete independent copies already downloaded or republished by others.

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 CorrectionYou have the right to access and correct information.
• DisclosureYou 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.
• DeletionYou 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 ProcessingYou have the right to restriction of processing of information, so that respective data will be marked and only be processed for certain purposes.
• Data PortabilityYou 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.
• ObjectionsYou 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 ConsentIf 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.
• ComplaintsYou may lodge a complaint with a competent supervisory authority.
• California Shine the LightUnder 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 ResidentsIf 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.

To make a privacy request, email info@smarts.club and identify the relevant account or website and the request you wish to make. Please do not send your password. Where a request concerns data we process on behalf of a customer, we will coordinate with the relevant customer as appropriate to our role and applicable obligations.

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 not currently respond to DNT signals. You can still manage cookies in your browser settings, unsubscribe from promotional email, and make the privacy requests described in this Policy.

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.