Privacy and Cookies Policy

Introduction

Your privacy is of paramount importance to SMS SOLUTIONS SID (hereinafter referred to "we", "our", "us" or "SMS SOLUTIONS"), companies office registration number 768678 and having its registered office at Unit W10G Ladytown Business Park, Naas, Co. Kildare. This privacy and cookies policy ("Privacy Policy") refers to all products and services offered by SMS SOLUTIONS (the "Service"), including its website www.SMSsolutions.ie

"Personal Data" means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

By continuing to use our Service and/or by providing us with Personal Data (whether by telephone, email or otherwise), you consent to us using/processing your Personal Data as set out in this Privacy Policy. We encourage you to read this Privacy Policy carefully when using our Service or transacting business with us. If you have questions or concerns regarding this Privacy Policy you may contact us using the information provided in Section 14 of this Privacy Policy.

In this Privacy Policy, "Data Protection Legislation" means the Data Protection Acts 1988 and 2003 and Directive 95/46/EC, any other applicable law or regulation relating to the processing of Personal Data and to privacy (including the E-Privacy Directive and implementing legislation in Ireland), as such legislation shall be amended, revised or replaced from time to time, including but not limited to by operation of the GDPR (and laws implementing or supplementing the GDPR).

Legal Bases for Processing

Our legal bases for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it. In general, we collect and process your Personal Data where:

• Performance of a contract: we need the Personal Data to perform a contract with you or to take steps at your request before entering into a contract;
• Legitimate interest: it is in our legitimate interests, and not overridden by your data protection interests or fundamental rights and freedoms. Our legitimate interests are to manage, administer and promote our business effectively, and to investigate any suspected or actual breach of our terms and conditions;
• Consent: you have given your consent for us to use your Personal Data for a specific purpose;
• Legal obligation: processing is necessary for us to comply with the law.

Data Processor and Data Controller

For the purposes of applicable Data Protection Legislation, the data controller is SMS SOLUTIONS SID, Unit W10G Ladytown Business Park, Naas, Co. Kildare. Where SMS SOLUTIONS processes Personal Data on your behalf in the course of providing our Services, SMS SOLUTIONS acts as a data processor and you act as the data controller. The terms of our data processing are set out in the Data Processing Terms in our Terms and Conditions.

1. Information We Gather from You

We may collect and process the following categories of Personal Data about you:

• Basic information: such as your name, title, the company/organisation you work for and your relationship to a contact;
• Contact information: such as your postal address, email address and telephone number(s);
• Financial information: such as your payment-related information;
• Technical information: such as information from your visits to our website or applications, information about your computer, device and browser, including your network and communication data and your Internet Protocol (IP) address, and the resources that you access;
• Identification and background information: such as your date of birth, driving licence or passport, as well as details of any previous interactions you may have had with us;
• Transactional information: such as details of the services we have provided to you, and your transactional history;
• Contractual information: such as details of the services we have provided to you, the services you have availed of, and the history of our relationship;
• Consent records: records of any consents you may have given, together with the date and time, means of consent and any related information;
• Usage data: information about how you use our website, products and services;
• Communication data: any communication you send to us including any information you post on our website or social media pages.

2. Why We Collect/Have Access to Your Information

We may use and process your Personal Data for the following purposes:

• To improve the quality and scope of the Service offered to you;
• To provide, maintain and support the Service to you;
• To keep you informed of updates, changes and new features of the Service;
• To manage our relationship with you and deal with any queries or complaints;
• To ensure network and information security;
• To comply with our legal and regulatory obligations;
• For administration and business purposes;
• To carry out checks for the prevention and detection of fraud or crime;
• To establish, exercise or defend legal rights or for the purpose of legal proceedings;
• To monitor use of our websites and online services to identify usage trends;
• To carry out research and statistical analysis including customer satisfaction surveys;
• To inform our marketing strategy and to personalise our service to you.

3. Cookies and IP Addresses

IP Addresses

We may collect information about your computer or device, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

What Are Cookies?

A cookie is a small text file that is stored on a user's device when the user visits a website. We use cookies and similar technologies on our website to improve the quality of our service and to better understand how people interact with us. By using our website, you agree to the use of cookies and similar technologies for the purposes we describe in this Privacy Policy.

By continuing to browse the site, you are agreeing to our use of cookies. You may wish to look at the "help" menu on your internet browser to learn more about cookies and how to manage or disable them. Please note that if you disable cookies, you may not be able to use all the features of our website.

Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies to help us analyse how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.

Social Buttons

On some pages of our website, we may include social media buttons such as those for Twitter and Facebook. These may allow those social media companies to place cookies via our website that may be used to enhance their profile of you or contribute to the data they hold for various purposes as outlined in their respective privacy policies. We do not have control over how those social media companies use information collected through those buttons.

4. Are There Cases Where We May Use Your Information to Contact You?

We may use the Personal Data we collect about you to contact you in the following circumstances:

• Service administration: we may contact you for reasons related to the service you have signed up for, or in relation to any communications you have posted on our website, or to provide you with requested documentation;
• Service information: we may contact you with important information about the Service, including changes to the Service, new features, scheduled maintenance or unplanned downtime;
• Newsletters: we may contact you with newsletters about products and services, where you have opted in to receive these;
• Market research: we may contact you to participate in surveys or provide feedback about our services.

You can opt out of receiving marketing communications from us at any time. If you wish to do so, please contact us using the details provided in Section 14 of this Privacy Policy or by using the "unsubscribe" link in any marketing email we send to you.

5. What Rights Do You Have?

Under Data Protection Legislation, you have a number of rights in relation to how we use your Personal Data. You have the right to:

5.1 Access Your Information

You have the right to request a copy of the Personal Data that we hold about you. This is commonly known as a "data subject access request". We will respond to your request within one month, or within three months where the request is complex or numerous. There is no fee for making a request unless the request is clearly unfounded, repetitive or excessive, in which case we may charge a reasonable fee.

5.2 Correct Your Information

You have the right to request that we correct any inaccurate or incomplete Personal Data that we hold about you. We will respond to your request within one month.

5.3 Stop Marketing Communications

You have the right to ask us to stop sending you marketing communications at any time. You can exercise this right by contacting us using the details in Section 14, or by using the "unsubscribe" link in any marketing email you receive from us.

5.4 Object to Automated Decision-Making

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. We do not currently make any decisions based solely on automated processing.

5.5 Restrict Processing

You have the right to request that we restrict the processing of your Personal Data in certain circumstances, for example if you contest the accuracy of the data or object to us processing it. Where processing is restricted, we will store your Personal Data but not further process it without your consent, unless for the establishment, exercise or defence of legal claims, for the protection of the rights of another person, or for reasons of important public interest.

5.6 Data Portability

You have the right to receive the Personal Data you have provided to us in a structured, commonly used and machine-readable format, and to have that data transmitted to another controller where technically feasible. This right only applies where the processing is based on your consent or on a contract, and is carried out by automated means.

5.7 Erasure (Right to Be Forgotten)

You have the right to request that we erase your Personal Data in certain circumstances, for example where the data is no longer necessary for the purpose for which it was collected, where you withdraw your consent and there is no other legal basis for the processing, or where the data has been unlawfully processed. Please note that this right is not absolute and may be subject to exceptions where, for example, we need to retain the data to comply with a legal obligation or for the establishment, exercise or defence of legal claims.

5.8 Complain to the Data Protection Commission

You have the right to lodge a complaint with the Data Protection Commission (DPC) if you believe that we have not complied with the requirements of Data Protection Legislation in relation to your Personal Data. You can contact the DPC at:

6. Sharing Your Personal Data

We may share your Personal Data with third parties in the following circumstances:

• Service providers: we may share your Personal Data with third party service providers who provide services to us, such as hosting, IT support, payment processing, and analytics. These third parties are required to use your Personal Data only to perform services on our behalf and are obligated to protect the confidentiality and security of your Personal Data;
• Professional advisers: we may share your Personal Data with our professional advisers, including lawyers, accountants and auditors, where necessary for them to provide their services to us;
• Legal and regulatory bodies: we may share your Personal Data with law enforcement agencies, regulators, courts and other public authorities if we have to, or are authorised to, by law;
• Emergency services: we may share your Personal Data with emergency services if we believe in good faith that doing so is necessary to protect the safety of you, our staff or the public;
• Business reorganisation: we may share your Personal Data in connection with a merger, acquisition, reorganisation, or sale of assets, or in the event of bankruptcy. In such a transaction, your Personal Data may be among the assets transferred.

Transfer Safeguards

Where we share your Personal Data with third parties located outside the European Economic Area (EEA), we will ensure that appropriate safeguards are in place to protect your Personal Data, including by entering into Standard Contractual Clauses approved by the European Commission, or by relying on other lawful transfer mechanisms under Data Protection Legislation.

7. Analytics and Advertising

We may use third party analytics and advertising services, including Google Analytics and remarketing tools, to help us understand how our website is being used and to deliver relevant advertisements to you.

These services may collect the following types of information about your interaction with our website:

• Clicks and interactions with page elements;
• Links followed within the website and to external sites;
• Pages and content viewed;
• Scrolling behaviour and time spent on each page;
• Search terms entered on the website;
• Timestamps of visits and actions;
• Referring website or source of visit;
• Device type, browser type and operating system.

This information is used to compile reports and to help us improve our website and services. The information generated by these services is generally transmitted to and stored by third party providers on servers which may be located outside the EEA. We use this information only in aggregate form and do not use it to identify individual users.

8. Third Party Websites

Our website may contain links to other websites operated by third parties. We have no control over how those third party websites collect, use or protect your Personal Data. This Privacy Policy does not apply to those third party websites, and we are not responsible for the privacy practices of those websites. We encourage you to read the privacy policies of every website you visit.

9. Offensive Content

If you post or send offensive, inappropriate or objectionable content through or on any of our services, or otherwise engage in any disruptive behaviour on any of our services, we may use your Personal Data to stop such behaviour.

Where we reasonably believe that you are or may be in breach of any applicable laws (for example, but not limited to, content you have posted may be defamatory), we may use your Personal Data to inform relevant third parties such as your email or internet provider, or law enforcement agencies, about the content and your behaviour.

We reserve the right to remove any content posted by you on our website or services that we consider to be offensive, inappropriate or objectionable, or that we believe may expose us or our users to any harm or liability.

10. How Do We Protect Your Personal Information?

We take the security of your Personal Data seriously and use appropriate technical and organisational measures to protect your Personal Data against unauthorised or unlawful processing and against accidental loss, destruction or damage.

• We use industry standard security technology, including firewalls and encryption, to protect your Personal Data;
• Access to your Personal Data is restricted to those employees and service providers who need to use it and who have been trained in the proper handling of such data;
• We may outsource certain security functions to specialist third party providers who are contractually obligated to protect your Personal Data;
• We regularly review our security practices and update them as necessary to maintain the highest levels of protection.

11. Breach Reporting

In the event of a personal data breach that is likely to result in a risk to the rights and freedoms of individuals, we will notify the Data Protection Commission (DPC) within 72 hours of becoming aware of the breach, where feasible.

We will maintain a record of all personal data breaches, including the facts relating to the breach, its effects and the remedial action taken. This record will be maintained regardless of whether the breach is required to be reported to the DPC.

Where a personal data breach is likely to result in a high risk to the rights and freedoms of individuals, we will notify the affected individuals without undue delay. However, notification to affected individuals will not be required if:

• We have implemented appropriate technical and organisational protection measures, and those measures were applied to the Personal Data affected by the breach, in particular those that render the data unintelligible to any person who is not authorised to access it, such as encryption;
• We have taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects is no longer likely to materialise;
• It would involve disproportionate effort, in which case we will make a public communication or similar measure to inform affected individuals.

12. Retention of Personal Data

We will retain your Personal Data for as long as is necessary to fulfil the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.

To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure, the purposes for which we process the data and whether we can achieve those purposes through other means, and the applicable legal requirements.

13. Amendments to the Privacy Policy

We reserve the right to amend this Privacy Policy at any time. If we make changes to this Privacy Policy, we will post the updated policy on our website and, where appropriate, notify you by email or by other means.

Where changes to this Privacy Policy will have a material impact on the processing of your Personal Data, we will seek your consent before implementing such changes, where required by Data Protection Legislation.

We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your Personal Data. Your continued use of the Service after any changes to this Privacy Policy constitutes your acceptance of those changes.

14. Legal Information and How to Contact Us

If you have any questions, comments or concerns about this Privacy Policy or how we handle your Personal Data, or if you wish to exercise any of the rights described in Section 5, please contact us at:

We will endeavour to respond to all requests, inquiries or concerns within one month of receipt. If we need longer to respond, we will let you know and explain the reasons why.