Last Update: 24.07.2023
PRIVACY POLICY
1. Preamble
As Ftech Labs Bilişim Teknoloji Anonim Şirketi (hereinafter referred to as “Ftech”, the "Company",
“we”, and through similar words such as “us”, “our”, etc.), we respect your privacy and are
committed to fully explaining how we handle your personal information.
This Privacy Policy (“Policy”) describes our practices and policies regarding the use and processing of
personal information while providing our services. This Policy further describes the types of personal
information we collect, how we use that information, our legal basis for doing so, with whom we share
it, your rights, and your choices in this regard, and how you can contact us about our privacy practices.
Capitalized words not defined in this Privacy Policy are defined in our Terms of Use (the “Terms”).
By agreeing to this Policy, you are accepting the practices described in this Privacy Policy (including
new versions of this Privacy Policy when and as they go into effect), and the Terms, which governs
this Policy and contains all disclaimers of warranties and limitations of liabilities.
2. Our Services
Ftech, through its mobile application Smartex (“Smartex” or Mobile Application”). provides
information on cryptocurrency, and other related digital currency information, generating buy/sell
signals with analyszes (indicators) obtained from the prices of crypto assets, monitoring the current
prices of crypto assets, past prices and price change rates in certain periods, and other complementary
information about crypto assets (daily trading volume, highest, lowest values, etc.) and analysis via
keys (API and secret) created on the 'exchange' side to associate different stock market accounts to the
portfolio created by the user. For the avoidance of doubt, Smartex pertains only to cryptocurrency, and
not any products or instruments that can be classified as “securities” thereunder the relevant
jurisdictions.
Website; Ftech’s website for the Smartex mobile application is a landing page for potential
Users: https://smartexlabs.com/
Mobile Application; Ftech provides services through its mobile application Smartex for
unregistered and registered Users.
3. Acknowledgment of the Policy
By acknowledging this Policy, you are accepting that you have familiarized yourself with the practices
described in this Policy, and the Terms of Service (the “Terms”), which governs this Policy and
contains all disclaimers of warranties and limitation of liabilities. If you do not agree to the processing
activities stipulated in this Policy, please do not continue to access or use the Website, Smartex and
related Services.
4. Applicability of the Policy
Ftech Services and Smartex Mobile Application
This Policy explains how we process your personal information when you connect with Ftech, engage
with our team or use our Website or Smartex. This Policy applies to the personal information collected
during the course of our relationship with you, through your use of the Website, or in relation to your
registration, login, and usage of our Smartex. For the purposes of this Policy, we are;
•the controller of personal information collected via Smartex Website under the domain name
(including using cookie or similar technology),
Last Update: 24.07.2023
•the controller of your personal information collected as a Customer or User of Smartex either
through registration/subscription and/or integration of their Exchange accounts in Smartex (in
connection with Services– as a party of the Terms of Service),
Where applicable, we indicate whether and why you must provide us with your personal information,
as well as the consequences of failing to do so. If you do not provide personal information when
requested, you may not be able to benefit from our Services if that information is necessary to provide
you with the Service or if we are legally required to collect it.
Cryptocurrency Exchanges
Our Services within the Smartex Mobile Application require processing our Customer’s API keys and
Secret keys to integrate their cryptocurrency portfolio in the Exchanges. In such cases, the Exchange
privacy policies as the data controllers of the personal information will apply. Any collection, use, and
management of personal information by the Cryptocurrency Exchanges, including Binance, Bybit,
Kucoin, OKX, Paribu, BTCTurk, Gate.io, Kraken etc. are governed by their respective privacy
policies and terms of services.
Third-Party Services
Our Services also enable you to customize and connect your Smartex account to Third-Party Services,
which may be available to you via Smartex. This Policy also does not apply to personal information
that is processed when you access Third-Party sites, products and services through our Website or
Smartex. The collection of your information by these Third Parties is governed by the respective
Third-Party Services’ privacy policies and terms. This Policy does not apply to Third-Party sites,
products, or services, even if they link to our Services, and you should consider the privacy practices
of those Third Parties carefully.
5. Definitions
Within the context of herein Policy, the following expressions shall bear the meanings ascribed to
them below. The following definitions shall have the same meaning regardless of whether they appear
in singular or in plural.
All capitalized terms not defined in this Policy shall have the meanings set forth in the Terms. It is of
utmost importance to read the Policy provided herein in tandem with the Terms to better grasp the key
concepts provided and explained therein.
Business
for the purpose of the CCPA, means the legal entity that collects
Consumers' personal information and determines the purposes and means
of the processing of Consumers' personal information, or on behalf of
which such information is collected and that alone, or jointly with others,
determines the purposes and means of the processing of Consumers'
personal information, that does business in the State of California.
CCPA
means the California Consumer Privacy Act of 2018 and as amended by
the California Privacy Rights Act (CPRA) (collectively, “California
Privacy Laws”).
Customer
means any persons or entities that are a Customer of Ftech’s and has
subscribed to the Smartex, with or without integrating its portfolio from
the relevant cryptocurrency Exchange.
Last Update: 24.07.2023
Company
means Ftech Labs Bilişim Teknoloji Anonim Şirketi, a corporation
incorporated and validly operating in the Republic of Türkiye and having
the registered address at Çiftehavuzlar Mahallesi, Eski Londra Asfaltı
Caddesi, Kuluçka Merkezi C1 Blok No:151/1E/405/Esenler/Istanbul.
Consumer
for the purpose of the CCPA, means a natural person who is a California
resident including (i) every individual who is in the USA for other than a
temporary or transitory purpose, and (ii) every individual who is
domiciled in the USA who is outside the USA for a temporary or transitory
purpose.
Data Controller
for the purposes of the GDPR, means the legal person which determines
the purposes and means of the process of Personal Data alone or jointly
with others
Data Subject
means a natural person who can be identified or rendered identifiable
through the personal data related to.
Device
means any device that is suitable to access the Service such as a computer,
a cellphone or a digital tablet.
D o No t T r a c k
(DNT)
means a concept that has been promoted by U.S. regulatory authorities, in
particular the U.S. Federal Trade Commission (FTC), for the Internet
industry to develop and implement a mechanism for allowing internet
users to control the tracking of their online activities across websites.
Exchanges
Means the cryptocurrency exchanges that Customer’s can integrate their
wallets and accounts by providing their API and Secret Keys or the
purpose of using the Services through Smartex.
GDPR
means (i) Regulation 2016/679 of the European Parliament and of the
Council on the protection of natural persons with regard to the Processing
of Personal Data and on the free movement of such data (General Data
Protection Regulation) (the "EU GDPR"); and (ii) the EU GDPR as saved
into United Kingdom law by virtue of section 3 of the United Kingdom's
European Union (Withdrawal) Act 2018 (the "UK GDPR"); in each case
as may be amended or superseded from time to time.
P e r s o n a l D a t a
Breach
means a breach of security whether accidental or on purpose, resulting in
accidental or unlawful destruction, loss, alteration, unauthorized
disclosure of, or access to personal data.
Personal
Information/
Personal Data
means any information/data that relates to an identified or identifiable
individual
For the purposes of the UK & EU GDPR, Personal Data means any
information relating to you such as a name, an identification number,
location data, online identifier or to one or more factors specific to the
physical, physiological, genetic, mental, economic, cultural, or social
identity.
For the purposes of the CCPA, Personal Information means any
information that identifies, relates to, describes or is capable of being
associated with, or could reasonably be linked, directly or indirectly, with
Last Update: 24.07.2023
6. Personal Information Collected by Ftech
Ftech obtains information about Visitors to our Website, our Customers and Users on Smartex.
We may collect, use, store and transfer different kinds of personal information about you which we
collect from various sources as described below:
a) Personal Information We Collect Directly from You
Sale of Data
For the purposes of the CCPA, means selling, renting, releasing,
disclosing, disseminating, making available, transferring, or otherwise
communicating orally, in writing, or by electronic or other means, a
Consumer's personal information to another business or a third party for
monetary or other valuable consideration.
Service
means the services provided by Ftech through Smartex Mobile Application
as described in our Terms of Service.
Service Provider
means any natural or legal person who processes the data on behalf of
Ftech and refers to Third-Party companies or individuals contracted by
Ftech to facilitate the Service, to provide the Service on behalf of Ftech, to
perform services related to the Service or to assist Ftech in analyzing how
the Service is used
For the purposes of the GDPR, Service Providers are considered as Data
Processors. Our Third-Party Service Providers are considered as our
‘Sub-processors’.
Special Categories
of Personal Data
means personal Information revealing racial or ethnic origin, political
opinions, religious or philosophical beliefs, or trade union membership
and genetic and biometric information, information concerning data
subject’s sex life or sexual orientation.
Third Party
means any other natural or legal person that is not part of Ftech
T h i r d - P a r t y
Services
mean any product that Service Providers submit to Ftech users for the
proper performance of the Website, Smartex and Services
Usage Data
means the data collected automatically, either generated by the use of the
Service or from the Service infrastructure itself of Smartex or Website.
User(s)
mean any natural person who is either a Visitor,Customer or unsubscribed
user of Smartex who has access to and benefit from the Mobile
Application or Services at various levels.
Visitor
means the natural person who accesses and/or uses certain parts of our
Website during their visit. For example, a Visitor may request a demo,
subscribe to our newsletter, and contact us by e-mail or Website
Website
means the website and subdomains, and other media including all of their
respective features and content for Smartex Mobile Application, accessible
from https://smartexlabs.com/
Last Update: 24.07.2023
We collect information from and about you and your transactions and other interactions with us. The
type of information that we collect directly from you varies based on your interaction with our Website
and Mobile Application.
For example, we collect information directly from you when you subscribe to our Website newsletter,
register to Smartex Mobile Application as a Customer or integrate your Exchange account to Smartex
through your encrypted API key, reach out to us via our support assistant. Personal information you
may provide includes,
Registration and Account Information
If you desire to have access to the Services of Smartex, you are required to become a registered user,
and to submit the following types of personal information to Smartex: your name, email address,
telephone number, full username, password; your preferences such as language, time zone; the types
of communications you would like to receive from us. For digital currency information and
monitoring crypto asset prices no registration or subscription is required from the Smartex Users.
Exchange API Key and Secret Key
For accessing and integrating your personal wallet or account within the Exchange to Smartex, as
indicated in the Terms, you are required to provide your API Key and Secret Key on the Mobile
Application for using our AI-implemented automated cryptocurrency analysis and trading software.
Backend data is not kept in the Cloud and can be processed independently of the application. The
customer can turn off the permission he has given on the API at any time. The captured data is the last
snapshot data, and it can measure the performance and follow-up on an instant basis by taking the last
status of the customer.
b) Personal Information Collected From Third Parties
Cookies and Automatic Collection Methods
We collect information about your online activities on the Website and connected Devices of Smartex.
For example, when you subscribe the Website e-mail bulletin, we may collect information about your
email address upon or provide your API Keys stored in the Exchange for integrating your Exchange
account to your portfolio in Smartex.
This collection includes automatically collected information, and generally does not include personal
information unless you provide it through our Website or Mobile Application; or you choose to share it
with us by other means. Methods we use are described below:
•Cookies (which may be session-based or persistent, and are typically small data files that are
stored on your hard drive or in connection with your internet browser as set forth thoroughly
under our “Cookie Policy”in the Privacy Policy)
•Website and Mobile Application log files (which we tend to create automatically in connection
with your access to and use of our Smartex and Website).
These technologies record information about your usage of our Website and Smartex, including:
•Browser and Device Data, such as IP address, Device type, internet browser type, screen
resolution, operating system’s name and version, Device manufacturer and model, language, plug-
ins, add-ons, brand, model, technical specification and operating system information of the Device
used, and the language version of the Website or Mobile Application you are visiting.
•Logs and Usage Data, such as time spent on the Website/Mobile Application, pages visited, links
clicked, bounce rate, roll percentage, language preferences, views, Website/Mobile Application
usage time, communication preferences, payment amount, payment channels, frequency of login,
and the different types of activity undertaken by users such as frequently accessed areas of the
Services, approaches to in-app notifications/offers/campaigns, favorites, likes, search activities,
Last Update: 24.07.2023
segments, cookie records, cookie and ad identifiers, Device ID, and the pages that led or referred
you to our Website/Mobile Application.
•General Location Information (region, city), such as IP address and the region in which you are
located when you are logging in and using the Services, in accordance with the settings on your
device.
7. Third Parties (Service Providers)
We use Third-Party Service Providers to provide certain Services on our behalf when the information
is necessary for them to perform their duties.
The Third-Party Service Providers (our Sub-processors) to help us better operate our Website and
Platform and for services such as hosting, maintenance, error monitoring, debugging performance
monitoring, customer service, database storage and management, SEO services, user onboarding,
email automation, product and Client tracking, heat-map and live chat tracking. In some cases, these
Service Providers may process or store personal information while providing services. When those
Service Providers receive access to personal information, they undergo a security and privacy review
to ensure they meet the necessary safeguards and implement 'the best practice' in their data processing
activities. We are also committed to providing that they are contractually bound by a data protection/
processing agreement that requires them to comply with applicable regulations, including having the
appropriate access controls in place to protect your data.
8. How Ftech Uses Personal Information on Smartex
a. Smartex Mobile Application
We rely upon several legal grounds to ensure that our use of your personal information is compliant
with the applicable law. Most commonly, we will use your personal information in the following
circumstances:
➢Where it is necessary for the performance of a contract with you or to take steps to enter into a
contract with you.
➢Where you have given your consent to the processing of your personal data for a particular
purpose.
➢Where it is necessary for our legitimate interests (or those of a third party) and your interests and
fundamental rights do not override those interests.
➢Where we need to comply with a legal or regulatory obligation.
Purposes for which we will use your personal information;
The purposes for which we will process your personal information and the lawful basis of processing
on which we rely are described below:
Pre-contractual, contractual and post-contractual business relationships. We process personal
information to enter business relationships with prospective Users and Customers to perform the
contractual obligations under the contacts that we have with them. Activities that we conduct in this
context include:
Purpose/Activity
Lawful basis for processing
Last Update: 24.07.2023
Legal and regulatory compliance. We use personal information to verify the identity of our
Customers and Users in order to comply with laws. These obligations are imposed on us by the
operation of law, industry standards, and by our financial partners, and may require us to report our
compliance to Third Parties and to submit to third-party verification audits.
Legitimate business interests. We rely on our legitimate business interests to process certain personal
information concerning you. The following list sets out the business purposes that we have identified
as legitimate. In determining the content of this list, we balanced our interests against the legitimate
interests and rights of the individuals whose personal information we process.
to register you as a Customer of Smartex and create your
account so that you may access our Services as a registered
Customer
Performance of a contract with
you
to manage account authentication of your Exchange account to
Smartex
Performance of a contract with
you
to communicate with you to verify your account and for
informational and operational purposes, such as account
management, customer service, or system maintenance,
including by periodically emailing you service-related
announcements
Performance of a contract with
you
to provide the functionality of our Services that you have
requested via Smartex
Performance of a contract with
you
to administer and support the Services you have requested
including monitoring of cryptocurrency assets, generating buy/
sell signals obtained from the prices of crypto assets, and other
complementary information about crypto assets (daily trading
volume, highest, lowest values, etc.)
Performance of a contract with
you
to manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy notice
(b) Asking you to update your information
(c) Dealing with any issues or feedback you may have or asking
you to complete a survey
Performance of a contract with
you
Necessary to comply with a
legal obligation
Necessary for our legitimate
interests (to keep our records
upd ated, to man a ge and
improve our services and the
eff icie nt running of our
business)
Purpose/Activity
Lawful basis for processing
for accounting and auditing
L e g a l a n d r e g u l a t o r y
compliance
to respond to court orders, lawsuits, subpoenas, and
government requests
L e g a l a n d r e g u l a t o r y
compliance
to address legal and regulatory compliance
L e g a l a n d r e g u l a t o r y
compliance
Last Update: 24.07.2023
b. Our Website
Based on Your Prior Explicit Consent. We rely on your prior explicit consent to process your
personal information for the purposes below:
Purpose/Activity
Lawful basis for processing
to mitigate financial loss, claims, liabilities, or other harm to
Users or and Ftech
Legitimate business interest
to respond to inquiries, send service notices, and assist
communications with the Customers, Users or Visitors
Legitimate business interest
to promote, analyze, modify and improve our products,
systems, and tools, and develop new Services
Legitimate business interest
to manage, operate, and improve the performance of Smartex
and our Website by understanding their effectiveness and
optimizing our digital assets
Legitimate business interest
to conduct aggregate analysis and develop business intelligence
that enables us to operate, protect, make informed decisions,
and report on the performance of our business
Legitimate business interest
to share personal information with Service Providers that
provide services on our behalf and business partners who help
us operate and improve our business
Legitimate business interest
to ensure network and information security, administer, protect
and manage our business and websites (including
troubleshooting, business operational analysis, testing, system
maintenance, support, reporting and hosting of data)
Legitimate business interest
(for running our business,
provision of administration and
I T s e r v i c e s , b u s i n e s s
performance analysis, network
security, to prevent fraud and in
the context of a business
r e o r g a n i z a t i o n o r g r o u p
restructuring exercise)
to protect the security or integrity of our Services and business,
such as by protecting against and preventing fraud,
unauthorized transactions, claims and other liabilities, and
managing risk exposure, including by identifying potential
hackers and other unauthorized users
Legitimate business interest
Purpose/Activity
Lawful basis for processing
to follow up and provide subscribed Visitors of our Website or
authorized Users and Customers through e-mail notifications
and news bulletins.
Explicit consent
Last Update: 24.07.2023
We may send you marketing communications about Smartex or Ftech and its Services, invite you to
participate in our events or surveys, or otherwise communicate with you for marketing purposes, and
to customize the marketing and advertising that we provide to you provided that we do so in
accordance with the consent requirements that are imposed by Privacy and Electronic
Communications Regulations (“PECR”) and other applicable law upon subscribing to the Website e-
mail bulletin.
In order to provide you with all of the benefits of our Service, we ask for your permission to send you
information about the latest news, special events, offers, promotions and other benefits. We also ask
for your permission to send you, our newsletter. Upon your consent, we will use your email address to
contact you with this information.
When we collect your business, contact details through our participation at trade shows or other
events, we may use the information to follow-up with you regarding an event, send you information
that you have requested on our products and Services, and upon your explicit consent, include you on
our marketing information campaigns.
If you decide at any time that you no longer wish to receive such communications from us, please
follow the unsubscribe instructions provided in any of the communications. You may also opt-out
from receiving commercial emails from us by sending your request to us by email at
privacy@ftechlabs.com.
To update your preferences, ask us to remove your information from our mailing lists, delete your
account or submit a request to exercise your rights under applicable law, please contact us as specified
in the “Contact Ftech” section below.
9. How Ftech Shares Personal Information
Ftech does not rent or sell your information. We restrict access to your information to authorized
employees and we do not share your information with Third Parties except in the circumstances
explained below.
Service Providers and Business Partners
Without prejudice to the foregoing, we share personal information with a limited number of our
Service Providers. We have Service Providers that provide services on our behalf, such as hosting,
data analysis, information technology, and related infrastructure, customer service, email delivery.
These Service Providers may need to access personal information to perform their services. We
authorize such Service Providers to use or disclose personal information only as necessary to perform
services on our behalf or comply with legal requirements. We require such Service Providers to
contractually commit to protect the security and confidentiality of personal information they process
on our behalf. These Third- Party Service Providers process or store personal data on servers within
the EEA, UK, and Switzerland. We rely on standard contractual clauses (if sent to the US or onward to
other countries) to ensure that information about you is lawfully transferred under EU law. In this case,
we have implemented supplementary measures as outlined in the “How Ftech Protects Your
Personal Information”.
Business Transfers
In the event that we enter into, or intend to enter into, a transaction that alters the structure of our
business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control,
or other disposition of all or any portion of our business, assets or stock, we may share personal
information with Third Parties for the purpose of facilitating and completing the transaction. If we do,
we will inform such entities of the requirement to handle your information in accordance with this
Privacy Policy or inform you that you are covered by a new privacy policy. You will have the
Last Update: 24.07.2023
opportunity to opt-out of any such transfer if the new entity’s planned processing of your information
differs materially from that set forth in this Privacy Policy.
Law Enforcement, Government Agencies, and Professional Advisors
We may need to disclose information about you where we believe that it is reasonably necessary to
comply with a law or regulation, or if we are otherwise legally required to do so, such as: (i) to comply
with applicable law, or payment method rules; (ii) to enforce our contractual rights including our
Terms, Disclaimer and this Privacy Policy; (iii) to protect the rights, privacy, safety, and property of
Ftech, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory
agencies, and other public and government authorities, which may include authorities outside your
country of residence. For governmental data access requests concerning you or your organization, we
would first attempt to redirect the request to you and/or we would first attempt to notify you unless we
are legally prohibited from doing so.
We also use professional advisors, including lawyers and accountants, and may be required to disclose
information about you when engaging them for their services and as necessary for audits, financial and
other regulatory reviews.
We may disclose information in the aggregate form to Third Parties relating to user behavior in
connection with the actual or prospective business relationship with those Third Parties, such as
advertisers and content distributors.
Data Subject Requests
If you believe that we store, use or process your information on behalf of one of our Customers, Users
or Visitors please contact them if you would like to access, rectify, erase, restrict or object to
processing, or export your personal information. We will extend our support to our Customer, User or
Visitor in responding to your request within a reasonable timeframe.
Data Processing Addendum
To enable you to be compliant with your data protection obligation, we are prepared to sign an
appropriate Data Processing Addendum (DPA). You can request a DPA from Ftech by emailing at
privacy@ftechlabs.com. Once we get your request, we'll forward the DPA to you for your signature.
10. COOKIE POLICY
Cookies are small text files stored in a computer’s web browser memory. They aid website providers
with things like understanding how people use a website, remembering a user’s login details, and
storing website preferences. This article explains how we utilize cookies and other similar
technologies to help us ensure that our Services function properly, prevents fraud and other harm, and
analyze and improve the Services in accordance with our Policy.
a. How We Use Cookies
Cookies play an important role in helping us provide personal, effective, and safe Services. We use
cookies on our Website. We change the cookies periodically as we improve or add to our Services, but
we generally use cookies for the following purposes:
To Operate Our Services: Some cookies are essential to the operation of our Website and Smartex. We
use those cookies in several different ways, including:
•Registration
•Authentication of your Exchange account
•Smartex Features and Services
Last Update: 24.07.2023
•Performing transactional tasks
2. To Analyze and Improve Our Services: Cookies help us understand how to make our Website
and Services work better for you. Cookies tell us how people reach our Website; the Mobile
Application and they give us insights into improvements or enhancements we need to make to
our Website and Services.
•What Types of Cookies does Smartex use?
Cookies can either be session cookies or persistent cookies. A session cookie expires automatically
when you close your browser. A persistent cookie will remain until it expires, or you delete your
cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes while
others may expire after multiple years. Cookies placed by the website you’re visiting are known as
“first party cookies”.
Below is a detailed list of the cookies we use on our Website Our Website is scanned with our cookie
scanning tool regularly to maintain a list as accurate as possible. We classify cookies in the following
categories:
Type of Cookie
Strictly Necessary
Functional/Preference
Last Update: 24.07.2023
Our Smartex Mobile Application on the other hand does not collect any first party or third-party
cookies from the Customers.
First Party Cookies
Statistics
Marketing
Cookie Name
Cookie Provider
Categories of Cookie
Retention
Period
__hssc
Smartexlabs.com
Statistics
1 day
Last Update: 24.07.2023
Third Party Cookies
Interest-based Advertising
When you visit our sites, both certain Third Parties and we collect information about your online
activities over time and across different websites to provide you with advertising products and services
tailored to your individual interests (this type of advertising is called “interest-based advertising”).
These Third Parties may place or recognize a unique cookie or other technology on your browser.
Where required by applicable law, we will obtain your consent prior to processing your information
for interest-based advertising.
Since we also participate in advertising networks, you may see our ads on other websites or mobile
apps. Ad networks allow us to target our messaging to users based on a range of factors, including
demographic data, users’ inferred interests, and browsing context (for example, the time and date of
your visit to our Website and Platform, the pages that you viewed, and the links that you clicked on).
__hssrc
Smartexlabs.com
Statistics
Session
__hstc
Smartexlabs.com
Statistics
180 days
_ga
Smartexlabs.com
Statistics
2 years
_ga_ #
Smartexlabs.com
Statistics
2 years
hubspotutk
Smartexlabs.com
Statistics
180 days
Cookie Name
Cookie Provider
Categories of Cookie
Retention
Period
__cf_bm
Hubspot.com
Functional
1 day
__ptq.gif
Hubspot.com
Marketing
Session
Last Update: 24.07.2023
This technology also helps us track the effectiveness of our marketing efforts and understand if you
have seen one of our advertisements.
We work with advertising networks (Google, Facebook, etc.). To learn more about managing your
privacy and storage settings and opting out from receiving Network Advertising Initiative member
companies ‘cookies, please visit the Network Advertising Initiative’s opt-out page at here. If you wish
to prevent your data from being used by Google Analytics, Google has developed the Google
Analytics opt-out browser add-on available at here. If you opt-out from interest-based advertising, you
may see advertising that is not relevant to you.
We do not guarantee that all of the Third Parties we work with will honor the elections you make using
those options, but we strive to work with Third Parties that do.
c. How to Manage Cookies
In case of Website cookies, your web browser may allow you to change your cookie preferences,
including to delete and disable cookies. Please consult the help section of your web browser to
understand your options, but please note that if You choose to disable the cookies, some features of
our Website may not operate as intended. Smartex Mobile Application does not use cookies on the
Device.
11. Your Communication Choices
Legal Communications and Service Announcements
By providing Ftech with your email address and/or using the Website or Smartex, you affirmatively
consent to use of your email address for legal and service notifications or for Ftech to send you
notifications through pop-ups and among other methods. regarding important service announcements
and other legal and administrative communications related to your use of Smartex either from the
Website or Mobile Application. We may send the following to you by email or posting them on the
Website or Mobile Application; this Policy, our Terms, Disclaimer, including legal disclosures; future
changes to this Policy, Terms, Disclaimer and other notices, legal communications or disclosures and
information related to the Services. These communications are integral to the Services which you
cannot opt out of receiving them. However, if you do not wish to receive certain service and other
administrative and legal notifications, your only way to opt out of such messages is to stop using the
Website and/or (if any) delete your account on Smartex.
Promotional Communications
You may receive marketing and advertising communications (e.g., sending your blog posts, informing
you of Service benefits and features, letting you know of new features or developments, letting you
know of new subscription plans or add-ons, offering you promo codes or coupons, or presenting you
with the opportunity to buy selected subscription package) about Smartex, Website or other Ftech
Services, pursuant to your prior explicit consent. To receive marketing and advertising
communications from Ftech, you can subscribe to our newsletter, contact our customer service,
support assistant, or give your explicit consent in the applicable areas. Due to our global privacy
practices, we provide our Users with the opportunity to “opt-in” and "opt out" of receiving marketing
and advertising communications other than those for purposes directly related to your transactions
with us and in general legal and administrative communications regarding your account.
If you prefer to opt-in to Promotional Communications, you may receive periodic promotions and
other offers or materials that we believe might be of interest to you until you unsubscribe or opt-out.
Withdrawing Your Consent
Last Update: 24.07.2023
If you later decide that you do not want to receive future Promotional Communications electronically,
you may withdraw your consent. You can opt-out Promotional Communications at any time (i) by
following the instructions described in this Policy; or (ii) following the unsubscribe instructions
contained in each message; or (iii) (if applicable) changing the communication preferences in your
account through your Account Dashboard. In all cases you may email us at privacy@ftechlabs.com.
Your withdrawal of consent shall be effective within a reasonable time after we receive your
withdrawal notice described above.
12. European Union and UK Privacy Information
Your Rights and Choices Under the UK & EU GDPR
Ftech undertakes to respect the confidentiality of your Personal Data and to guarantee you can
exercise your rights.
Ftech makes available a data processing addendum that addresses European Union and UK Privacy
Laws at here.
You have the right under this Privacy Policy, and by law if you are within the UK or EU, to:
➢Right to Access: You have the right to access (and obtain a copy of, if required) the categories of
personal information that we hold about you, including the information's source, purpose and
period of processing, and the persons to whom the information is shared.
➢Right to Rectification: You have the right to update the information we hold about you or to
rectify any inaccuracies. Based on the purpose for which we use your information, you can
instruct us to add supplemental information about you in our database.
➢Right to Erasure (“Right to be Forgotten”): In certain cases, you have the right to request from
us the erasure of your Personal Data such as when you want to delet delete your account. For the
avoidance of any doubt, we may not be able to grant this right to you in certain cases, due to our
obligations to fulfill certain legal requirements.
➢Right to Restriction of Processing: You have the right to request from us restriction of processing,
for a certain period and/or for certain situations.
➢Right to Data Portability: You have the right to transfer your information to a third party in a
structured, commonly used and machine-readable format, in circumstances where the information
is processed with your consent or by automated means. You have the right to receive your
Personal Data from us in a structured format and you have the right to (let) transmit such Personal
Data to another controller.
➢Right to Object: In certain cases, you have the right to object to the processing of your Personal
Data, including with regards to profiling or direct marketing.
➢Right to be Not Subject to Automated Individual Decision-Making: You have the right to not be
subject to a decision based solely on automated processing.
➢Right to Filing Complaint: You have the right to lodge a complaint with the Irish Data Protection
commissioner, the UK Information Commissioners Office, or other data protection supervisory
authority applicable to you if you are unhappy with the way we are handling your personal data.
➢Right to Compensation of Damages: In case we breach applicable legislation on the processing of
your Personal Data, You have the right to claim damages from us for any damages such breach
may cause to you.
Last Update: 24.07.2023
Exercising of Your UK & EU GDPR Privacy Rights
You may exercise your rights of access, rectification, cancellation, and opposition by simply
contacting us. Please note that we may ask you to verify your identity before responding to such
requests. If you make a request, we will try our best to respond to you as soon as possible.
You have the right to complain to a Data Protection Authority about our collection and use of your
Personal Data. If You are a resident of United Kingdom, You may complain to Information
Commissioner’s Office (ICO) regarding your data protection rights. If you are a resident in the
European Economic Area (EEA), please contact your local data protection authority in the EEA.
13. California Privacy Information
If you are a Consumer as defined in the California Consumer Privacy Act (CCPA) and as amended by
the California Privacy Rights Act (CPRA) (collectively, “California Privacy Laws”), the following
provisions apply to you.
Do Not Sell My Personal Information
“Sale” means renting, releasing, disclosing, disseminating, making available, transferring, or
otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal
information by the business to a third party for monetary or other valuable consideration. We do not
provide personal information about you to Third Parties in exchange for money. We do share personal
information with Third Parties that we work with, including to help us market or advertise our
products and Services to you and mostly with regard to your prior consent. When this information is in
a format that directly identifies you by name, it is not shared with any Third Parties for Third-Party
marketing or advertising purposes. You can find more detail about our practices in our Policy, set forth
under "Interest-based Advertising" section.
Even though we do not provide personal information to these Third Parties in exchange for money, the
CCPA may characterize our providing the following categories of information we share with Third
Parties that provide services to you or to us, such as personalizing your experience with us or helping
us to market or advertise our products and Services to you, as "sales" of personal information; (i)
Device and browsing information and other internet activity information; (ii) purchase or other
commercial information; and (iii) identifiers (e.g., ad ID).
The Service Providers we partner with (for example, our cloud service provider) may use technology
on the Service that "sells" personal information as defined by the CCPA. If you wish to opt out of the
use of your personal information for interest-based advertising purposes and these potential sales as
defined under CCPA, you may do so by following the instructions below;
Website
You can opt out of receiving ads that are personalized as served by our Service Providers by following
our instructions presented on the Service:
➢From Our "Cookie Preference" notice banner
The opt out will place a cookie on your computer that is unique to the browser you use to opt out. If
you change browsers or delete the cookies saved by your browser, you will need to opt out again.
Please note that any opt out is specific to the browser you use. You may need to opt out on every
browser that you use.
Mobile Application
Last Update: 24.07.2023
You can stop the collection of location information from your mobile device by changing the
preferences on your mobile device.
"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)
Some internet browsers have enabled 'Do Not Track' (DNT) features, which send out a signal (called
the DNT signal) to the websites that you visit indicating that you don't wish to be tracked. Currently,
there is no standard that governs what websites can or should do when they receive these signals. For
now, we do not take action in response to these signals. However, some third-party websites do keep
track of your browsing activities. If you are visiting such websites, you can set your preferences in
your web browser to inform websites that you do not want to be tracked. You can enable or disable
DNT by visiting the preferences or settings page of your web browser.
California Privacy Rights for Minor Users (California Business and Professions Code Section
22581)
California Business and Professions Code section 22581 allow California residents under the age of 18
who are registered users of online sites, services, or applications to request and obtain removal of
content or information they have publicly posted.
We do not knowingly process personal information of California residents under the age of 18. If you
have reason to believe that anyone under the age of 18 has provided us with any personal information,
please contact us at privacy@ftechlabs.com.
Be aware that your request does not guarantee complete or comprehensive removal of content or
information posted online and that the law may not permit or require removal in certain circumstances.
Your Rights and Choices Under California Privacy Laws
Under this Privacy Policy, and by law if you are a resident of California, you have the following
rights:
➢Right to Notice: You must be properly notified which categories of Personal Data are being
collected and the purposes for which the personal information is being used. In the 12 months
prior to the last update of this Policy,
•we have collected the categories of personal information through various sources as stated
“Personal Information Collected by Ftech”,
•used that personal information for the purposes as stated Section “How Ftech Uses Personal
Information” and
•shared that personal information with the potential recipients as stated Section “How Ftech
Shares Personal Information”.
➢The Right to Access / The Right to Request: The CCPA permits you to request and obtain from
Ftech information regarding the disclosure of your personal information that has been collected in
the past 12 months by Ftech or its subsidiaries to a third-party for the third party's direct marketing
purposes. For more information about the potential recipients of your personal information please
view Section “How Ftech Shares Personal Information”.
➢The Right to Say No to the Sale of Personal Data (Do not Sell, DNT): You have the right to ask
Ftech not to sell your personal information to third parties. You can submit such a request by
contacting through the channels, features, and functions, abilities provided on the Website,
Smarrtex and this Policy.
➢The Right to Know about Your Personal Data: You have the right to request and obtain from
Ftech information regarding the disclosure of the following: (i) the categories of personas
information collected, (ii) the sources from which the personal information was collected, (iii) the
Last Update: 24.07.2023
business or commercial purpose for collecting or selling the personas information, (iv) categories
of third parties with whom Ftech shares personal information, and (v) the specific pieces of
personal information we collected about you. For more information on information we collect,
including the sources we receive information from, please review the “Personal Information
Collected by Ftech”, “How Ftech Uses Personal Information”, “How Ftech Shares Personal
Information” sections.
➢The Right to Delete Personal Data: You also have the right to request the deletion of your
personal information that have been collected in the past 12 months. You may request that we
delete the personal information that we have collected directly from you and are maintaining.
However, we may have a basis for the retention of your personal information under the CCPA.
Our retention rights include (i) to complete transactions and services you have requested or that
are reasonably anticipated; (ii) for security purposes; and (iii) for legitimate internal business
purposes, including to maintain business records, to comply with law, to exercise or defend legal
claims, and to cooperate with law enforcement. Note also that we are not required to delete your
personal information that we did not collect directly from you (e.g., through Social Networks).
➢The right not to be discriminated against: You have the right not to be discriminated against for
exercising any of your rights as a Consumer, including the following:
•Denying providing access to Smartex or Website or providing Services to you
•Charging different prices or rates for products or Services, including the use of discounts or
other benefits or imposing penalties
•Providing a different level or quality of products or Services to you
•Suggesting that you will receive a different price or rate for products or Services or a different
level or quality of products or Services.
Exercising Your California Privacy Rights
In order to exercise any of your rights under the CCPA, as a California resident, you can contact us
through channels, features, and functionalities (i.e., email address, interactive support assistant)
provided on the Website and Smartex.
Once we receive your request, we will validate the information that you provide and send a message to
the email address you provide in the request, asking you to verify that it is your email address. Please
follow the instructions in that email to verify your email address. We will begin processing your
request once the verification is completed.
Ftech will disclose and deliver the required information free of charge within 45 days of receiving
your verifiable request. The time to provide the required information may be extended once by an
additional 45 days when reasonably necessary and with prior notice.
Please note that if you do not include necessary information concerning you in your requests, we may
ask you to verify your identity before responding to such requests.
PLEASE NOTE THAT if personal information about you has been processed by us as a service
provider on behalf of a Customer, User or Visitor and you wish to exercise any rights you have with
such personal information, please inquire with our Customer, User or Visitor directly. If you wish to
make your request directly to us, please provide the name of our Customer, User or Visitor on whose
behalf we processed your personal information. We will refer your request to them accordingly.
14. How Ftech Protects Your Personal Information
Last Update: 24.07.2023
We are making reasonable efforts to mitigate the risk associated with processing your personal
information by providing an appropriate level of security. We employ organizational, technical, and
administrative measures designed to appropriately protect your personal information against
unauthorized access, destruction, accidental loss, unauthorized alteration, or abuse. Your personal
information may only be accessed by a limited number of personnel who need access to such
information in order to perform their duties. Please be aware that no security measures are perfect or
impenetrable. Unfortunately, no data transmission or storage system can be guaranteed to be 100%
secure. If you have a reason to believe that your interaction with us is no longer secure (for example, if
you think your account is compromised), please contact us immediately.
We will make any legally required disclosures of any breach of the security, confidentiality, or
integrity of your unencrypted electronically stored personal information to you via email or
conspicuous posting on our Website or Smartex in the most expedient time possible and without
unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures
necessary to determine the scope of the breach and restore the reasonable integrity of the data system,
and any other disclosures that may be required under applicable law. We also take measures to delete
your personal information or keep it in a form that does not permit identifying you when this
information is no longer necessary for the purposes for which we process it, unless we are required by
law to keep this information for a longer period. When determining the retention period, we take into
account various criteria, such as the type of products and services requested by or provided to you, the
nature and length of our relationship with you, possible re-enrollment with our products or services,
the impact on the services we provide to you if we delete some information from or about you,
mandatory retention periods provided by law and the statute of limitations.
We encrypt the API and Secret Key data in transit and at rest for the purpose of authenticating your
Exchange accounts to Smartex, where appropriate, to ensure that your information is kept private. We
undertake service provider security and privacy reviews to ensure that Service Providers follow our
stringent requirements to safeguard your information, and we also enter into data protection
agreements with our service providers.
15. Retention
Your personal information may be retained for as long as is reasonably necessary to perform the
purposes listed under "How Ftec Use Personal Information" section. For example, if you register an
account, we will store any personal information associated with your account for as long as you
remain a registered User or we believe we may be in a position to provide Services to you.
Once you or we terminate your Smartex Customer account and albeit the contractual relation ends,
your data will eventually get deleted from active database during the next clean-up that occurs once in
2 years. The data deleted from active database will be deleted from backups 3 months after deletion.
We retain personal information after we cease providing Services to you, even if you close your
account, to the extent necessary to comply with our legal and regulatory obligations. We also retain
personal information to comply with our tax, accounting, and financial reporting obligations, where
we are required to retain the data due to our contractual commitments to our financial and business
partners, and where data retention is mandated by the applicable laws. Where we retain data, we do so
in accordance with any limitation periods and records retention obligations that are imposed by
applicable law.
The servers and databases in which information may be stored may be located outside the country
from which you accessed Smartex and our Services and, in a country, where the data protection and
other laws may differ from your country of residence. Your personal information may be disclosed in
Last Update: 24.07.2023
response to inquiries or requests from government authorities or to respond to judicial process in the
countries in which we operate.
16. International Data Transfers
Your personal information will be processed by us and our Service Providers in the European
Economic Area (EEA).
When personal information we collect is processed outside the EEA or UK we have obligations to
ensure that personal information is only processed outside the EEA or UK where the European
Commission has decided that the territory in question ensures an adequate level of protection (known
as a ‘whitelisted’ territory) or, in the absence of a decision by the European Commission, there are
appropriate safeguards in place to protect your personal data.
For example, if your personal data is accessed or processed from a territory outside the EEA which is
not whitelisted, the appropriate safeguards may be provided by standard data protection clauses
adopted by the European Commission (known as ‘standard contractual clauses).
We will only transfer your data outside of the UK and the EEA in compliance with data protection
laws and provided appropriate or suitable safeguards are in place to protect your data, Standard
Contractual Clauses.
Personal information may be stored and processed in any country where we have operations or where
we engage service providers. We may transfer personal information that we maintain about you to
recipients in countries other than the country in which the personal information was originally
collected, including to the United States. Those countries may have data protection rules that are
different from those of your country. However, we will take measures to ensure that any such transfers
comply with applicable data protection laws and that your personal information remains protected to
the standards described in this Policy. In certain circumstances, courts, law enforcement agencies,
regulatory agencies, or security authorities in those other countries may be entitled to access your
personal information.
17. Use by Minors
The Services are not directed to individuals under the age of eighteen (18), and they shall not provide
personal information through the Services. If you have reason to believe that anyone under the age of
18 has provided us with any personal information, please contact us.
18. Updates to this Policy and Notifications
We may change this Policy from time to time to in response to changing legal, technical or business
developments. Any changes are effective when we post the revised Policy on the Website or Smartex.
When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with
the significance of the changes we make. We will obtain your consent to any material Privacy Policy
changes if and where this is required by applicable data protection laws. You can see when this
Privacy Policy was last updated by checking the “last updated” date displayed at the top of this
Privacy Policy.
19. Links to Other Websites
The Website or Mobile Application may provide the ability to connect to other sites. These sites may
operate independently from us and may have their own privacy notices or policies, which we strongly
suggest you review. If any linked website is not owned or controlled by us, we are not responsible for
its content, any use of the website, or the privacy practices of the operator of the website.
As a safety measure, we recommend that you not share any personal information with these third
parties unless you've checked their privacy policies and assured yourself of their privacy practices.
Last Update: 24.07.2023
20. Jurisdiction
Ftech focuses on multinational compliance regulations including but not limited to its country of
residence legal framework from Protection of Personal Data Act Nr. 6698 and other data protection
regulations of Republic of Türkiye. As a company incorporated in Türkiye, Ftech also acknowledges
and ensures compliance with the United States federal and state data privacy laws, General Data
Protection Regulation brought by the European Union (“GDPR”), United Kingdom General Data
Protection Regulation (“UK GDPR”), California Privacy Laws and other jurisdictions with data
protection legislation to make sure privacy is a “go-to”. You have the right to request further
information on our personal data processing activities based on your country's laws.
21. Contact Ftech
If you have any questions or complaints about this Policy, or if you wish to exercise your rights under
applicable data protection laws, please feel free to contact us by;
•Sending us an email at privacy@ftechlabs.com