Privacy Policy

Resignations and Limitation of Liability

THE WEBSITE AND ALL ITS CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMARTGATE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. THE USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT THE USER'S OWN RISK.

SMARTGATE DOES NOT WARRANT THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT OBTAINED FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, SMARTGATE DISCLAIMS ALL LIABILITY, WHETHER CONTRACTUAL, TORTIOUS (INCLUDING NEGLIGENCE), STRICT, OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE WEBSITE, THE CONTENT, OR THE PRODUCTS OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF SMARTGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless SMARTGATE, its subsidiaries and affiliates, as well as their respective officers, agents, members, partners, and employees, from any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of or related to your use of the website and/or the breach of these Terms of Use.

Miscellaneous

If any provision of these Terms of Use is found to be unlawful, invalid, or unenforceable, that provision shall be deemed severed, and the remaining provisions shall remain in full force and effect.

The failure of SMARTGATE to act with respect to any breach by you or others of these Terms of Use does not waive its right to act with respect to subsequent or similar breaches.

These Terms of Use constitute the entire understanding and agreement between you and SMARTGATE regarding the subject matter herein.

SMARTGATE reserves the right to pursue all available remedies in law for violations of these Terms of Use and/or the rules and regulations set forth on the Website, including, without limitation, the right to block access from a specific Internet address.

These Terms of Use shall be governed, interpreted, and enforced in accordance with the laws of Costa Rica, without regard to its conflict of laws provisions.

Contact:

If you have any questions, concerns, or suggestions regarding these Terms of Use, please contact us at support@smartgate.tech.

This privacy policy provides you with all the necessary information to understand how your personal data will be processed when you access our website smartgate.tech or our mobile application SMART EIR.

Who We Are:

The data controller for personal data collected through our Website or App is SMARTGATE SA, a company with identification number 3-101-801403 located in San José, Costa Rica, phone number +506 22563944, support@smartgate.tech.

How We Use Your Personal Data:

To provide services to our Client (typically your employer or contracting company), we collect:

  • User identification and password
  • Name and last name
  • Your ID number and ID image

Information about the container you are carrying, including images to capture container data, time, date, and location

The information we collect will be used to provide the service to our Client, including identifying you as a driver, identifying the container you are transporting, providing entry/exit controls, warehouse efficiency, inventory management services, and recording all transactions using blockchain technology.

Nature of Data Provision:

The data you provide is collected voluntarily. If you refuse to provide necessary information to provide a service requested by our Client, we will not be able to provide such service.

Who We Share Your Data With:

We only share your data with:

  • Our client: typically your employer or contracting company, which has a license to use the website or the App.
  • Service providers: who support our company, including computer and communication providers, subcontracted business support, backup, and providers. Our providers must comply with minimum standards regarding information security and will only be provided with data according to their function.
  • Third parties: in the context of acquiring or transferring any part of our business or in relation to business reorganization.
  • Security: We will keep your information secure in accordance with physical, technical, and administrative security measures. However, transmitting information over the Internet is not completely secure. While we will take reasonable steps to protect your personal information, we cannot guarantee the security of your transmitted information, and any transmission is at your own risk.

Your Rights:

You have the right to access, update, rectify, and request the erasure of your personal data, as well as to withdraw your consent, as follows:

  • Access: You have the right to ask us if we are processing your data, and if so, you can request access to your personal data. This allows you to receive a copy of the personal data we hold about you and any other information related to it.
  • Rectification: You have the right to request correction of incomplete or inaccurate personal data we hold about you.
  • Erasure: You have the right to ask us to delete or remove personal data under certain circumstances. There are also certain exceptions in which we may refuse a deletion request, for example, when personal data is necessary for compliance with the law or in relation to claims.
  • Consent: You can withdraw your consent.

If you wish to exercise any of these rights, please contact support@smartgate.tech.

You may also have the right to lodge a complaint with a data protection supervisory authority.

Cookies:

We use cookies to identify your browser. They collect and store information when you visit our website about how you use it, through which we can track your use of the website, as well as provide you with better service and browsing experience and for analytics. Personal data collected through these technologies will also be used to manage your session.

Changes to This Notice:

This notice may be modified from time to time.

If we make any material changes to this notice (the information we collect, how we use it, or why), we will highlight these changes at the top of the notice and provide a prominent link to it for a reasonable time after the change.