Privacy Policy

This Privacy Policy was last revised and shall become effective as of 1 September 2026.

The Smarter Hello website (the "Site") is owned and operated by Foundation5, doing business as Smarter Hello ("Smarter Hello," "Foundation5," "our," "we," or "us"). At Smarter Hello, safeguarding your privacy is a priority. This Privacy Policy describes our practices and policies associated with any information that we may collect from you, or that you may share with us, when you access and use the Site, when you communicate with us by phone, text/SMS, or email, and through your use of any Smarter Hello software application(s) (the "Software") or any related products, content, media, and/or services made available to you through the Site and/or the Software (the "Related Materials").

By using the Site, Software, or any related services — including by opting in to receive calls or text messages from us — you acknowledge and agree to this Privacy Policy in full.

SMS/MMS Text Messaging Consent & Privacy

No mobile information sharing. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All of the categories of information described in this Privacy Policy exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. We do not sell, rent, trade, or otherwise disclose mobile phone numbers or SMS/MMS consent data under any circumstances.

Program description. Foundation5, d/b/a Smarter Hello, operates an SMS/MMS text messaging program. Messages we send include:

• Appointment confirmations, reminders, and scheduling messages;

• Customer service and support replies to your inquiries;

• Account, service, and billing notifications; and

• Where you have separately and affirmatively opted in, promotional and marketing messages about Smarter Hello or the business you contacted through Smarter Hello.

How we collect your consent. We collect your mobile phone number and your consent to be contacted when you:

• Submit a form on our website or a booking/intake widget;

• Provide your number and agree verbally during a phone call;

• Send us a text message first;

• Text a keyword to one of our numbers; or

• Agree in writing on a service agreement or intake document.

Consent to receive marketing messages is collected separately from consent to receive transactional or customer-care messages. Consent to receive text messages is never a condition of purchasing any goods or services.

What we collect in connection with messaging. Your mobile phone number; any information you submit with it, such as your name or email address; the content of your messages; and delivery metadata such as date, time, and delivery status.

How we use it. Solely to deliver the messages described above, to respond to you, to provide customer support, and to maintain records of your consent and opt-out preferences as required by law.

Message frequency. Message frequency varies depending on your interactions with us. Message and data rates may apply.

Opt-out. You may cancel SMS messages at any time. Text STOP to any message you receive from us. After you send STOP, we will send one final message confirming that you have been unsubscribed, and you will receive no further messages unless you opt in again. You may also opt out by contacting us using the details at the end of this policy.

Help. Text HELP to any message from us for assistance, or contact us at (888) 380-3989 or [email protected].

Age restriction. Our messaging program is intended for individuals 18 years of age or older. By opting in, you represent that you are at least 18. We do not knowingly collect mobile phone numbers from, or send messages to, anyone under 18.

Carrier disclaimer. Carriers are not liable for delayed or undelivered messages.

Summary

If you're in a hurry, here is a brief overview of some important items defined in our Privacy Policy:

• Text messaging (SMS/MMS) originator opt-in data and consent will never be shared with any third party or affiliate for marketing or promotional purposes. Read more under SMS/MMS Text Messaging Consent & Privacy above.

• We will use, share, or transfer Personal Data only for purposes defined under this Privacy Policy. Read more under Sharing and Retention of Personal Data.

• We collect, use, and share Personal Data in accordance with Applicable Data Law. Read more under How We Collect and Use Personal and Anonymous Data.

• We use cookies to provide, protect, and promote our products and services. Cookies are never used to collect mobile phone numbers or SMS consent data. Read more under Cookies and Similar Technologies.

• You can exercise your data rights under applicable privacy and data laws. Read more under Your Rights with Respect to Your Personal Data.

• If you have any questions or concerns about this policy, contact us using the information in Questions, Requests & Contact Information.

Lawful Basis for Processing Data

In certain jurisdictions, the processing of your Personal Data (as defined below) is lawful only if it is permitted under data protection legislation. In this case, we have a lawful basis for each of our processing activities (unless an exemption applies) as outlined below:

Consent. By using the Site, the Software, the Related Materials, or otherwise submitting your Personal Data to us — including by opting in to receive calls or text messages — you consent to our collection and use of your information as described in this Privacy Policy.

Legal Obligation. We will process your Personal Data where the processing is necessary to comply with applicable law.

Legitimate Interest. We will process your Personal Data based on Legitimate Interest, particularly where it is used for business and support purposes, and to contact you regarding your use of the Site, the Software, and/or any Related Materials.

Contract. We may process your Personal Data where such processing is required to fulfill an agreement or contract with you.

How We Collect and Use Personal and Anonymous Data

When you access the Site, install the Software, purchase any subscription, register for any associated products and/or services, call or text us, or use the Software and/or Related Materials in any way, we may collect Personal Data and Anonymous Data from you. The information we collect, and how it is used, depends on how you interact with us.

"Personal Data" means data that allows someone to identify or contact you, including, for example, and without limitation:

• your name;

• your phone number;

• your physical/postal address;

• your email address;

• your Internet Protocol (IP) address;

• your geographic location or geolocation;

• your account name;

• your banking/financial information;

• your credit card information; and

• your tax identification number.

Personal Data may be used when you (i) access the Site; (ii) install the Software; (iii) use the Software or any associated products and/or services; (iv) use any of the Related Materials; (v) purchase a Subscription; (vi) call or text us; and/or (vii) apply for any employment opportunities with Smarter Hello or become an employee of Smarter Hello. Smarter Hello does not knowingly collect any sensitive personal data or any data defined under special categories under Applicable Data Law.

In addition, Personal Data may be used for purposes such as:

• to fulfill your requests for the Software, any associated product(s) and/or service(s), any Related Materials, and/or to access and use the Site;

• to provide personalized services and content;

• for internal business analytics purposes;

• to improve the Site, Software, Related Materials, and associated products and services;

• to prevent fraud;

• to send you confirmations, technical notices, updates, security alerts, newsletters you have requested, and support and administrative messages;

• to engage with third-party service providers so that you can access and use the Software and Related Materials;

• to respond to your communications with Smarter Hello, including calls and text messages;

• to communicate with you about products and/or services offered by Smarter Hello;

• to contact you to resolve problems you may encounter with the Site, Software, or Related Materials;

• to periodically conduct product and market research regarding your use of the Software; and

• to process employment applications where you submit a resume, CV, or other application information to us.

Categories of Data, Types of Data & Purpose for Collection and Use

Account Registration. For Users of the Software, we may collect your name, company name, email, phone number, and other contact information when you create a User account and/or Teams Account.

Calls & Text Messages. When you call or text Smarter Hello, or when Smarter Hello contacts you on behalf of a business you interact with, we collect your phone number, the content of your communications, and related metadata (such as date, time, and duration) in order to respond to you, schedule appointments, and provide customer service. This information is handled exclusively as described under SMS/MMS Text Messaging Consent & Privacy above.

Employment. If you apply for an employment opportunity or become an employee of Smarter Hello and/or its affiliated companies, we may collect personal information necessary to process your application and employment, including your name, email address, phone number, home address, birthdate, and tax identification number.

Feedback & Support. If you provide us with feedback, require technical support, or contact us for other assistance, we will collect your name, phone number, and/or email address and possibly other personal information and/or content that you send to us.

Financial Data. We will collect your credit card information to process your purchase of a Subscription. We will also use your banking/financial information for employment and payroll purposes.

Mailing List/Newsletters. When you choose to sign up for one of our mailing lists or subscribe to one of our online newsletters, we will collect your email address and/or postal address.

Marketing & Communications. We may collect information about (i) how you use the Site, the Software, and any Related Materials; (ii) any testimonials you provide; (iii) your preferences in receiving marketing communications from us; and (iv) your communication preferences, including whether you have opted in to text messaging.

Mobile Devices & Phone Numbers. We may collect information from your mobile device, such as unique identifying information broadcast from your device, or hardware, software, and/or operating system specifications. We collect your mobile phone number when you provide it to us or opt in to receive calls or texts, and we use it solely as described in SMS/MMS Text Messaging Consent & Privacy above.

Technical User Data. We may collect your Internet Protocol (IP) address, browser user agent, and other Internet browser information, which may include browser location data, in order to deliver relevant content and to measure and understand the effectiveness of the content we provide.

Third-Party Tracking. We participate in behavior-based advertising on our website. This means a third party may use cookies or similar technologies to collect information about your use of the Site in order to provide tailored advertising. This never includes mobile phone numbers or SMS/MMS opt-in or consent data, which are never used for behavior-based advertising, sold, or shared with third parties.

We do not knowingly collect personal information from minors or children (individuals under the age of thirteen (13), or under such age as defined under Applicable Data Law).

"Anonymous Data" refers to data about you that is not associated with or linked to your Personal Data and does not permit identification of individual persons. We may share Anonymous Data with our affiliated companies, selected third parties, and business partners; however, we will not share Anonymous Data if it is, contains, or will be linked to your Personal Data, unless we have given you notice as described in this Privacy Policy and you have authorized us to do so.

How We Collect and Use Application Data

"Application Data" refers to data about how you use the Software and/or Related Materials, which may include IP addresses, geolocation data, search terms, websites visited, views and interactions with content, OS version, device information, and bug reports. We will only use Personal Data in accordance with this Privacy Policy and will not use Application Data deemed Personal Data for any other purpose without your affirmative consent.

Sharing and Retention of Personal Data

We will use, share, or transfer Personal Data only for purposes defined under this Privacy Policy.

Mobile and SMS data. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. This information is not sold, rented, traded, or disclosed for any marketing purpose.

In certain special cases, we may use, retain, disclose, and share Personal Data when we have reason to believe it is necessary to identify, contact, or bring legal action against someone who may be causing injury to you, or interfering with Smarter Hello's rights, property, or operations, other users, or anyone else who could be harmed. We may also disclose your Personal Data when we believe the law requires it, or in response to a demand by law enforcement or civil/administrative authorities.

If you opt in to receive Smarter Hello newsletters, we may periodically send you newsletters and emails promoting the Site, Software, Related Materials, and/or other products or services that may interest you. You may opt out of these communications at any time by following the unsubscribe instructions in the email or by contacting us. Opting out of newsletters does not affect your separate text messaging consent, which is managed by texting STOP.

Service Providers

Service providers that operate our website hosting, CRM, telephony, and messaging infrastructure act solely as processors on our behalf under written contract. They are permitted to use information only to deliver the services and messages you have requested, are prohibited from using it for their own purposes or for any marketing purpose, and may not disclose it further.

Third-party Links. The Site, Software, and Related Materials may contain links to third-party websites. Smarter Hello is not responsible for the privacy practices or content of such websites.

Third-party Offers. Where you request certain offers or services from a third party, Personal Data you provide during that process will be shared with the applicable third party. Clicking on third-party offers may place cookies on your computer prior to redirecting you.

Other Technology/Service Providers. The Site, Software, and Related Materials may contain software technologies and services licensed from third-party providers, such as data hosting providers, content providers, and email marketing providers. These third-party providers have their own privacy practices, and Smarter Hello is not responsible for them. For more information, please contact us using the details below.

Your Rights With Respect to Your Personal Data

For the purposes of this Privacy Policy, "Applicable Data Law" means all data protection and privacy laws, regulations, and self-regulatory codes applicable to the Personal Data in question, including, without limitation, European Data Law, Israeli Law, the LGPD, PIPEDA, U.S. Data Privacy and Protection Laws, the U.S. Telephone Consumer Protection Act (TCPA), and all FTC guidelines and other applicable data privacy laws, rules, and regulations.

"European Data Law" means, without limitation, (i) the EU General Data Protection Regulation ("EU GDPR"); (ii) the EU e-Privacy Directive; (iii) the UK GDPR; (iv) the Swiss Federal Act on Data Protection ("Swiss FADP"); and (v) any applicable national laws made under or pursuant to the foregoing, each as amended or superseded from time to time. "LGPD" means the Lei Geral de Proteção de Dados, as amended. "Israeli Law" means the Israeli Privacy Protection Law and related regulations, as amended. "PIPEDA" means Canada's Personal Information Protection and Electronic Documents Act, as amended. "U.S. Data Privacy and Protection Laws" means all applicable state or federal privacy laws, including without limitation the CCPA (as amended by the CPRA), the Colorado Privacy Act, the Connecticut Data Protection Act, the Delaware Personal Data Privacy Act, the Iowa Consumer Data Protection Act, the Montana Consumer Data Privacy Act, the Nebraska Data Privacy Act, the New Hampshire Privacy Act, the New Jersey Data Privacy Act, the Oregon Consumer Privacy Act, the Texas Data Privacy and Security Act, the Utah Consumer Privacy Act, and the Virginia Consumer Data Protection Act, each as amended or superseded from time to time.

In accordance with Applicable Data Law, you may have the following rights with respect to your Personal Data:

• Right of access and portability — to obtain access to and receive a copy of your Personal Data.

• Right to rectification/correction — to correct inaccurate or incomplete Personal Data without undue delay.

• Right to erasure/deletion — to obtain deletion of your Personal Data in certain circumstances.

• Right to restriction — to restrict our processing of your Personal Data in certain circumstances.

• Right to object/opt-out — to object to processing of your Personal Data for direct marketing, targeted advertising, and profiling activities, and to revoke text messaging consent at any time by texting STOP.

• Right to withdraw consent — to withdraw any consent you have given us at any time, without affecting the lawfulness of processing carried out before withdrawal.

If you wish to exercise any of these rights, contact us using the details at the end of this Privacy Policy. You also have the right to lodge a complaint with your local data protection authority.

You also have a right to request that we provide you with:

• The categories and specific pieces of Personal Data we have collected about you;

• The categories of sources from which we collect Personal Data;

• The purposes for collecting, using, sharing, or transferring Personal Data;

• The categories of third parties with which we share Personal Data; and

• Where applicable, the categories of Personal Data disclosed for business purposes.

We do not sell Personal Data, including mobile phone numbers or SMS opt-in data. For more information about your privacy rights, please email us at [email protected].

We reserve the right to limit or deny your request to view, update, or remove your Personal Data if you have failed to provide sufficient information to verify your identity.

Cookies and Similar Technologies

A cookie is a small piece of text sent to your web browser by the Site. Cookies help the Site remember information about your visit, making your next visit easier and the Site more useful. We also use cookies and similar technologies for tracking and reporting, to make ads more relevant, and to measure visits to the Site. The information collected by cookies is used to enhance your experience on the Site, for marketing analysis, for targeted and display advertising, and for quality improvement. No personally identifiable information is collected or stored via cookies. Cookies and similar web-tracking technologies are never used to collect mobile phone numbers or SMS/MMS consent data. If you do not wish to receive cookies, you may set your browser to reject them; however, some Site functionality may not work properly without them.

If you are interested in learning more about tailored browser advertising and how to control cookies, you can visit:

• NAI Consumer Opt-Out

• Digital Advertising Alliance (DAA) Consumer Opt-out: https://youradchoices.com/ or https://optout.aboutads.info/

• Your Online Choices (EU): http://www.youronlinechoices.eu or https://www.youronlinechoices.com/

We currently do not respond to browser "do-not-track" signals.

Account Authentication

Accounts are added to the Software using OAuth authentication, a secure mechanism that gives the Software access to your Google or Microsoft account data without disclosing your password to us. This token is valid during your use of the Software. If you remove an account or uninstall the Software, you will be prompted to re-authorize access using OAuth for each account.

We only use this authorization to support certain Software features, such as unread email counts and push desktop notifications. This information is local and is not stored on or transmitted to our servers, except as necessary to provide the specific feature you requested (e.g., displaying calendar events, retrieving contacts for suggested recipients, or accessing files you choose to open).

Security of Data

Smarter Hello is committed to protecting the security of any Personal Data we collect. We use industry-standard security technologies and procedures to help protect Personal Data from unauthorized access, use, or disclosure. These measures include encryption of data in transit using TLS, encryption of sensitive data at rest, restricted role-based access to systems containing Personal Data, and regular review of our security practices. No method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security. In the unlikely event of a data breach involving your Personal Data, Smarter Hello will promptly notify you and any applicable regulatory authorities as required by law.

If you are located in the EU/EEA where European Data Law applies, we exert commercially reasonable efforts to ensure any transfer of your Personal Data outside the EU/EEA is protected under industry-standard contractual clauses and appropriate safeguards.

Data Retention Period

Personal Data collected and stored by Smarter Hello will be retained only as long as required to provide our products and/or services, or as required by applicable law. Personal Data no longer required will be securely destroyed. If you opt out of text messaging by replying STOP, we will retain a record of your opt-out to ensure we do not contact you again, as required by law.

Changes to This Privacy Policy

We may, at our discretion, update or amend this Privacy Policy periodically. Notice of any material changes will be posted in a prominent location on the Site and will take effect immediately upon posting. Please check this Privacy Policy periodically for changes. Your continued use of the Site and/or Software, or continued participation in our calling/texting program, following the posting of changes constitutes your acknowledgment and acceptance of those changes.

Questions, Requests & Contact Information

If you have any questions regarding this Privacy Policy, would like more information about our data practices, or wish to exercise your data rights, please contact us:

Foundation5, d/b/a Smarter Hello
Email: [email protected]
Phone: (888) 380-3989

We reserve the right to limit or deny your request to view, update, or remove your Personal Data if you have failed to provide sufficient information to verify your identity.