1. Data Controller and General Information

Your data will be processed by North Yard Analytics LLC, 240 Kent Avenue K3 B40, Brooklyn NY 11249 USA; telephone: +1 646 217 4273; email: info@smarterscout.com (data controller within the meaning of the GDPR). Please note that whenever we use formulations such as “we” or “us”, we are referring to North Yard Analytics LLC. Within this document, "smarterscout" refers to smarterscout.com and all sub-pages, content, and functions provided therein. Our services are provided for the general public and are not intended to be used by children. We do not knowingly collect any personal data from users classified as children.

2. Collection and Processing of Personal Data

After your registration as a user of smarterscout, processing of your personal data will generally only occur insofar as is necessary to ensure the functioning of the website, or to provide you with our content and services. If you do not wish this to happen or do not share the information requested during registration, you may be unable to use our services.

3. Categories of Data Processed By Us

As soon as you begin using smarterscout, our system automatically collects information from the system of the requesting machine. Data collected can include the following:

• Information about the browser type and version
• The operating system of the user
• Mobile Device ID
• Date and time of request
• Website analysis data / pseudonymized user profiles (cookie ID, ad ID, etc.)
• Websites from which users are referred to our website
• Websites accessed by users via our website

In addition, we process the following personal data insofar as there is a contractual relationship between you and us, or if you have transmitted the data to us in other ways:

• Personal master data (name, address, date of birth)
• Communication data (telephone number, email address)
• Contractual master data (contractual relationship, contractual or product interest, order history)
• Login data with password

4. Legal Basis and Purpose of Processing

We process your data exclusively on the basis of one or more of the possible legal bases for data processing.

According to the GDPR, personal data may, in particular, be processed on the basis of a contract or for the implementation of pre-contractual measures, on the basis of your consent, on the basis of a legitimate interest or law and/or for the protection of vital or public interests.

Registration is required for the provision of content and services on our website. All users can register with smarterscout free of charge, stating their given name, last name, email address and a password, providing they are age 18 or older, whereby this registration data is transmitted to us. The collection and processing of this data takes place for the purpose of fulfilling the user agreement between us and the user pursuant to Art. 6 (1) (b) GDPR.

Where you have provided an email address in the course of registration or in connection with the performance of a contract, we may also use this email address to send you information about similar goods or services as well as about existing subscriptions or about North Yard Analytics LLC in general. In this case, the processing of the email address is based on our legitimate interest in the advertising of our goods and services (Article 6 (1) (f) GDPR).

In addition, if you have issued your prior express consent for receiving a newsletter or advertising materials, we may use your email address to send you a newsletter. In this case, we will process your email address in order to be able to deliver the newsletter as per your request (Art. 6 (1) (b) GDPR). You can object to the use of your email address by sending an email or letter to info@smarterscout.com or 240 Kent Avenue K3 B40, Brooklyn NY 11249 USA with effect for the future and without incurring any costs other than transmission costs according to the basic tariffs. Naturally, you will be able to unsubscribe from our newsletter at any time in your user profile or by clicking on the unsubscribe link in the newsletter itself.

5. Location of Processing

We do not transfer your personal data to countries outside the United States of America and the European Economic Area, except in cases where this is permitted under the GDPR. We have no knowledge of or influence over whether third parties with whom you have a separate contractual relationship (e.g. Facebook, if you have a Facebook account) transfer data to countries outside the European Economic Area.

In regards to the United States of America, the European Commission decided, by means of a decision adopted on 12 July 2016, that an appropriate level of data protection is provided under the regulations of the EU-U.S. Privacy Shield (adequacy decision, Art. 45 GDPR). For more information - including the certification of the service providers we use - please visit www.privacyshield.gov. We only use U.S. service providers who are certified under the EU-U.S. Privacy Shield scheme.

6. Transfer of Your Data to Third Parties

We transmit your personal data to third parties only if this transmission is necessary in order to fulfill our contractual obligations towards you and it occurs in cooperation with another provider (e.g. a partnership), if we are legally entitled or obliged to make the transfer on any other grounds, or you have issued a corresponding consent.

To enable us to provide our services, selected personal information may be shared with certain departments within our company. This includes employees in the accounting, product management, marketing and IT departments.

In certain cases, we also use external service providers or affiliates who have been contracted by us to process data on our behalf. Such service providers are contractually obligated by us to adhere to the strict requirements of the GDPR in their role as a processor and may not re-use your data for any other purpose. Our contractors provide us with the following services: subscription management, content recommendations, hosting, survey and comment service(s), maintenance and support, and website analytics.

The transfer of data to contract data processors takes place on the basis of Art. 28 (1) GDPR or, alternatively, based on our legitimate interest in the economic and technical advantages associated with the use of specialist contract data processors pursuant to Art. 6 (1) (f) GDPR.

Insofar as we are legally obliged to do so, or if it is permitted under data protection law, we transfer personal data to authorities, e.g. the police or the public prosecution services (Art. 6 (1) (c) GDPR). The disclosure of this data is based on our legitimate interest in the fight against abuse, the prosecution of crimes and the securing, assertion and enforcement of claims, It may only occur if your rights and interests in the protection of your personal data do not over-ride these interests pursuant to Art. 6 (1) (f) GDPR.

7. Cookies and Similar Technologies

We use cookies. Cookies are small files that your browser stores on your device in a designated directory. Among other things, they enable you to be identified as a repeat visitor to our website. If you give your consent, cookies may also store login information for online services so that you do not need to re-enter the information each time you visit the site. Many cookies contain a so-called “cookie ID”: a unique identifier for the cookie. This consists of a string via which websites and servers can be assigned to the specific internet browser in which the cookie was stored, thus allowing visited websites and servers to distinguish the data subject’s browser from other internet browsers containing other cookies. A particular web browser can be recognized and identified by the unique cookie ID.

We use two types of cookies. The first type are cookies which are technically necessarily and without which the functionality of our website would be limited. The second type are optional cookies, which are used to make our website more user-friendly. The user data collected via the essential cookies is not used to create user profiles, while the analysis (optional) cookies are used to improve the quality of our website and its contents. Through the setting of analysis cookies, we learn how the website is used and how we can optimize it. Further information on the analysis services we use can be found in Section 9 of this Privacy Statement.

At present, smarterscout does not show ads, but it may in the future. Ads are usually provided by third parties. These third parties may, to the extent permitted by your device settings, use information about your website visits to display ads about products and services that may interest you. Specific contact data such as your name, address, email address and telephone number will not be transmitted under any circumstances.

You can prevent the setting of cookies at any time by adjusting the settings in your Internet browser to object permanently to the setting of cookies. In addition, previously set cookies can be deleted at any time via an internet browser or other software program. This can be accomplished in all standard Internet browsers. Deactivating the setting of cookies in your internet browser may mean that not all features of our website are fully usable.

When you use an app instead of a browser, a comparable technology is used in place of the cookie.

Cookies cannot identify you as a person. Moreover, our use of cookies is justified on the basis of our legitimate interest in the optimization of our website and the statistical analysis of North Yard Analytics LLC justified (Article 6 (1) (f) GDPR).

8. Website Analysis Services

In order to improve our content on an ongoing basis, to adapt it to the interests of our users and to display usage-based online advertising, we use a number of services that collect and evaluate data on our website or in our app. Insofar as these service providers do not themselves constitute data controllers within the meaning of data protection law, they always process the pseudonymized user data according to the provisions of a contract data processing agreement.

You can disable these individual analysis services at any time with effect for the future. The following paragraphs contain more information about the analysis services we use.

Google Analytics We may choose to integrate functions of Google Analytics (including IP anonymization) into our Online Services. Google Analytics is a website analytics service and is designed to collect, compile, and analyze data about the behavior of website visitors. Among other things, a website analytics service collects information about the referrer URL, the pages of the website that were accessed, and how often and for what length of time a page was viewed. Website analytics data is used primarily to optimize websites and for the cost-benefit analysis of internet advertising.

The operator of Google Analytics is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA. We may use the anonymization function “ga ('set', 'anonymizelp', true)”, which prompts to Google to truncate and anonymize the user’s IP address if the access request comes from a Member State of the European Union or another Contracting Party to the Agreement on the European Economic Area.

The purpose of Google Analytics is to analyze visitor flows on our website. Among other things, Google uses the data and information obtained to evaluate visitors’ use of our website, to com-pile reports for us about activity on our web pages and to provide other services related to the use of our website.

Google Analytics places a cookie on the data subject’s computer system (for the definition of a cookie, please see above). Google can use the cookie-generated information to analyze your use of our website. Each time you visit any of the pages of our website into which a Google Analytics component has been incorporated, the internet browser on your computer system is automatically prompted by the respective Google Analytics component to submit the data to Google for online analysis. As part of this technical process, Google will become aware of personal data such as your IP address. This serves, among other things, to enable Google to track the origin of visitors and clicks and thus to reach subsequent commission settlements.

The cookie stores personally identifiable information, such as access time, the location from which the access was requested and the frequency of site visits by the data subject. Each time you, as the data subject, visit our website, your personal information - including the IP address of your internet connection - is transferred to Google in the United States of America and stored there. Google may transfer the personal data collected via this technical process to third parties.

As described above, data subjects can prevent the setting of cookies by our website at any time by adjusting the settings of their internet browser and thus objecting permanently to the setting of cookies. Adjusting the browser settings in this way will also prevent Google from set-ting a cookie on the computer system. In addition, cookies already set by Google Analytics can be deleted at any time via the internet browser or other software programs.

Furthermore, data subjects have the option to object to and block the collection of Google Analytics-generated data about the use of this website and the processing of this data by Google. In order to do this, the data subject must download and install the browser add-on accessible under the link https://tools.google.com/dlpage/gaoptout?hl=en-GB. This browser add-on informs Google Analytics, via JavaScript, that no data or information about website visits may be transmitted to Google Analytics. Google classes the installation of the browser add-on as an objection on the part of the data subject. If the data subject’s computer system is later deleted, formatted or reinstalled, the data subject must re-install the browser add-on to disable Google Analytics. If the browser add-on is uninstalled or disabled by the data subject or by another person within the data subject’s sphere of influence, it is possible to reinstall or reactivate it as desired.

Other information and Google’s own data privacy guidelines can be found at https://privacy.google.com/intl/en-GB/index.html and https://www.google.com/analytics/terms/us.html. More details about Google Analytics can be found here: https://www.google.com/intl/en_uk/analytics/#?modal_active=none.

Google DoubleClick We may integrate components of DoubleClick by Google into this website. DoubleClick is a Google brand under which special online marketing solutions are marketed to advertising agencies and publishers.

The operator of DoubleClick by Google is is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.

DoubleClick by Google transmits data to the DoubleClick server with every impression, click, or other activity. Each of these data transfers triggers a cookie request to the data subject’s browser. If the browser accepts this request, DoubleClick sets a cookie on the data subject’s computer system (for the definition of a cookie, please see above). The purpose of the cookie is to optimize and display advertising. The cookie is used, among other things, to serve and display user-relevant advertisements as well as to generate reports on or optimize advertising campaigns. The cookie is used to avoid multiple impressions of the same advertising message.

DoubleClick uses a cookie ID, which is necessary for the execution of the technical process. It is required, for example, to display an ad in a browser. DoubleClick can also use the cookie ID to see which ads have already appeared in a browser and thus to avoid avoid duplication. The cookie ID further enables DoubleClick to track conversions. A “conversion” is recorded when, for example, a user has previously been shown a DoubleClick ad and then makes a purchase on the advertiser’s site using the same internet browser.

A DoubleClick cookie does not contain any personally identifiable information. However, a DoubleClick cookie may contain additional campaign identifiers. A campaign identifier identifies the campaigns with which the user has already come into contact.

Each time you visit any of the pages of this website that are operated by us and into which a DoubleClick component has been integrated, the Internet browser on your computer system will be automatically prompted, by the respective DoubleClick component, to transmit the data to Google for the purpose of online advertising and calculating commission settlements. As part of this technical process, Google will gain knowledge of the data it uses to draw up com-mission settlements. Google learns, among other things, that you, as the data subject, have clicked on certain links on our website.

As already described above, you can prevent the setting of cookies by our website at any time by adjusting the corresponding settings on your internet browser and thus objecting permanently to the setting of cookies. Adjusting the settings in this way will also prevent Google from set-ting a cookie on the computer system. In addition, cookies already set by Google can be deleted at any time via an Internet browser or other software program.

Further information and the respective data privacy guidelines of DoubleClick by Google can be viewed at https://policies.google.com/?hl=en.

9. Online Marketing and Internet Advertising

If smarterscout begins to show ads, advertising will be optimized for you through the collection and processing of information about your usage behavior, and is aligned to your predicted interests. As a result, you, as a user and data subject, benefit by receiving advertising that is more in line with your interests. A cookie is stored on your computer to record your usage behavior, but does not enable you to be personally identified

10. Duration of Storage

We store personal data for only as long as we are entitled to do so and the purpose of processing remains in place. The respective statutory retention period applies in respect of the duration of storage of personal data. Once the period has expired, and insofar as is the corresponding data is no longer required to fulfill or initiate a contract, the data will be routinely deleted.

11. Contact Data and Your Rights as a Data Subject

If you have any questions or suggestions about privacy and the exercise of your rights as a data subject, you are welcome to contact us at any time:
North Yard Analytics LLC
Data Protection
240 Kent Avenue K3 B40
Brooklyn NY 11249
USA

Access and Rectification At any time, and free of charge (a maximum of once per year), you can obtain information from us about whether or not personal data about you is being processed by us. You can also request specific details about the data being stored and obtain a copy of this stored data. You have the right to correct incorrect data and to have incomplete personal data completed.

Deletion, Restriction and the Right to be Forgotten You have the right to request the deletion of your personal data or the restriction of its processing. Please keep in mind that legal storage obligations exist in respect of (e.g.) paid contracts, such as the purchase of a subscription to smarterscout, and that we may not be able to delete your data fully anyway. In this case, your data will be marked with the aim of restricting its future processing.

Data Portability Where applicable, you also have the right to have personal information concerning you transmitted to you or another person in a structured, common and machine-readable format, provided the processing is based on your consent or on a contract and occurs in an automated fashion. Please note that this does not apply insofar as processing is not necessary for the performance of a task in the public interest or for the exercise of the official authority afforded to the controller.

You also have the right to obtain the personal data that is transmitted directly from one data controller to another, insofar as this is technically feasible and it does not affect the rights and freedoms of other persons.

Revocation / Objection The consent you provide can be revoked at any time with effect for the future by contact-ing the address given earlier in this Privacy Statement. In particular, you may object to the use of your email address for the purpose of sending the newsletter at any time by sending an email or letter to info@smarterscout.com or 240 Kent Avenue K3 B40, Brooklyn NY 11249 USA. You may do this with effect for the future and without incurring any costs other than transmission costs in accordance with the basic tariffs. You also have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you that is based on a legitimate or public interest. This also applies to profiling activities based on the same provisions. We will cease the processing of personal data in the event of such an objection, unless we can establish compelling and worthwhile grounds for processing that outweigh the interests, rights and freedoms of the data subject, or unless the processing is for the purpose of asserting, exercising or defend-ing legal claims.

Insofar we process personal data for the purpose of carrying out direct advertising, you have the right, at any time, to object to the processing of personal data for the purpose of such advertising by contacting the address given earlier in this Privacy Statement. This also applies to profiling activities, insofar as they occur in connection with direct advertising. You also have the right, for reasons arising from your particular situation, to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes, unless such processing is necessary to fulfill a task in the public interest.

Right to Complain Further to the aforementioned right of objection, you have a right to complain to the responsible supervisory authority and to appeal a decision. The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of judicial remedy.

Automated Decision-Making

We do not carry out automated decision-making or profiling.

Dated: 21 January 2018