Privacy Policy
Published Date 01/01/2026
INTRODUCTION
This Privacy Policy describes the categories of information SmartMLS Sign collects and the manner in which SmartMLS Sign collects, uses, discloses, and otherwise processes information relating to End Users in connection with their access to, use of, participation in, or involvement with SmartMLS Sign, including participation in an Electronic Signing Instance, regardless of whether such information is provided directly by an End User, provided on an End User’s behalf by a System User or other participant, or automatically collected in connection with use of SmartMLS Sign.
This Privacy Policy applies solely to End Users and is subject to the applicable SmartMLS Sign End User Terms and Conditions of Use (the “Terms”) and SmartMLS Sign Consumer Disclosure regarding Conducting Business Electronically, each as may be updated from time to time, solely to the extent applicable to Your End User role and Your access to, use of, or participation in SmartMLS Sign.
In the event of any inconsistency between this Privacy Policy and the then-current active version of the Terms, the Terms shall control, provided that no such inconsistency (or silence) shall be interpreted to expand SmartMLS Sign’s obligations or liabilities.
Your access to, use of, or participation in SmartMLS Sign, in any manner, including through an Electronic Signing Instance, constitutes Your acknowledgment that You have read, understand, and agree to this Privacy Policy, as incorporated into and governed by the Terms. If You do not agree to this Privacy Policy, You must not access or use SmartMLS Sign. Your continued access to, use of, or participation in SmartMLS Sign after any modification, amendment, update, revision to, or replacement of this Privacy Policy constitutes acceptance of the Privacy Policy as then in effect.
ARTICLE 1 DEFINITIONS; INTERPRETATIONS; DEFINITION PARITY:
1.1 DEFINITIONS:
1.1.01 For purposes of this Privacy Policy, capitalized terms used but not defined in this Privacy Policy, have the meanings assigned to them in the Terms.
1.2 DEFINITION PARITY AND INTERPRETATION:
1.2.01 Capitalized terms shall be interpreted consistently across this Privacy Policy, the Terms, and applicable SmartMLS Sign Consumer Disclosure, and no definition, usage, or silence in this Privacy Policy shall be interpreted to modify, expand, or limit any definition, obligation, allocation of risk, or limitation of liability set forth in the Terms.
ARTICLE 2 SCOPE; ROLE OF SMARTMLS SIGN:
2.1 SmartMLS Sign is a proprietary software application that provides technology-enabled functionality to enable users to Conduct Business Electronically.
2.2 SmartMLS Sign is not a data broker, service provider, professional advisor, transaction participant, fiduciary, or custodian of records. SmartMLS Sign provides software-based functionality only and does not draft, review, approve, validate, interpret, or otherwise participate in the substance or outcome of any Electronic Signing Instance, Electronic Record, Electronic Signature, or other transaction between You and any Sender, System User, Signing Participant, or other third party through SmartMLS Sign.
2.3 SmartMLS Sign does not independently determine the purposes for which information is processed or the substantive content of any information submitted through SmartMLS Sign. Any processing of information by SmartMLS Sign is incidental to the operation of SmartMLS Sign and occurs solely as a result of and in accordance with System User configuration, initiation, and use of SmartMLS Sign to enable End Users to participate in Electronic Signing Instances for purposes of Conducting Business Electronically.
ARTICLE 3 INFORMATION COLLECTED:
3.1 INFORMATION PROVIDED BY OR RELATING TO END USERS:
3.1.01 SmartMLS Sign may collect information relating to End Users that is provided directly by End Users, provided on an End User’s behalf by System Users, other Senders, Signing Participants, other third party participants, or generated or recorded as a result of End User participation in or interaction with SmartMLS Sign, including participation in an Electronic Signing Instance. Without limitation, such information may include:
(a) identifying information relating to End Users, including without limitation name, email address, telephone number, mailing address, professional title, organizational affiliation, or similar identifiers;
(b) information included within Electronic Records, form fields, disclosures, acknowledgments, or other signing-related inputs;
(c) Electronic Signatures, signature images, initials, acknowledgments, execution timestamps, and other execution-related information associated with an Electronic Signing Instance;
(d) records of actions taken by or attributed to End Users within an Electronic Signing Instance, including execution, review, access, and related activities, together with associated audit, event, and system-generated metadata; and
(e) communications, correspondence, messages, comments, instructions, or Feedback transmitted through or to SmartMLS Sign in connection with an Electronic Signing Instance or End User participation therein.
3.2 CATEGORIES OF PERSONAL DATA PROCESSED:
3.2.01 OVERVIEW: In connection with End User access to, use of, participation in, or involvement with SmartMLS Sign, SmartMLS Sign processes personal data relating to End Users.
The categories of personal data described in this Article 3.2 exist within an Electronic Signing Instance regardless of whether such data is input, uploaded, pre-populated, transmitted, or otherwise processed as a result of actions taken by an End User, a System User, a Sender, another Signing Participant, or through third-party integrations, automated processes, or connected systems, and regardless of whether such data is provided directly or indirectly.
SmartMLS Sign processes such personal data solely as an incident of providing access to its software functionality and does not determine the substantive content, accuracy, legality, or appropriateness of any data processed through SmartMLS Sign.
3.2.02 END USER PERSONAL DATA: Personal data relating to End Users processed through SmartMLS Sign may include, without limitation:
(a) identifying information, including without limitation, name, professional title, organizational affiliation, or similar identifiers;
(b) contact information, separate from identifying information, including without limitation, email address, telephone number, mailing address, and similar identifiers;
(c) authentication, verification, or access-related information used to associate an End User with an Electronic Signing Instance;
(d) information associated with End User participation in an Electronic Signing Instance, including signing capacity, role designation, and related identifiers;
(e) Electronic Records, Electronic Signatures, signature images, initials, acknowledgments, execution timestamps, and other execution-related information;
(f) records of actions taken by or attributed to End Users within an Electronic Signing Instance, including execution, review, access, and related activities, together with associated audit, event, and system-generated metadata;
(g) communications, correspondence, messages, comments, instructions, or Feedback transmitted through or to SmartMLS Sign in connection with an Electronic Signing Instance or End User participation therein; and
(h) technical, usage, and event metadata associated with End User interaction with SmartMLS Sign, including without limitation session information, device characteristics, and similar technical data.
3.2.03 END USER PERSONAL DATA PROCESSED UNDER SYSTEM USER DIRECTION: SmartMLS Sign also processes personal data in connection with System User activity relating to End Users. Such End User personal data may include, without limitation:
(a) authentication, verification, or access-related information used to associate an End User with an Electronic Signing Instance;
(b) identifying information, including without limitation, name, professional title, or organizational affiliation, or credential identifiers;
(c) contact information, including without limitation, email address, telephone number, mailing address, and similar identifiers;
(d) information associated with participation in an Electronic Signing Instance, including signing capacity, role designation, and related identifiers;
(e) Electronic Records, Electronic Signatures, signature images, initials, acknowledgments, and execution-related data;
(f) communications, correspondence, messages, comments, instructions, or Feedback transmitted through SmartMLS Sign in connection with an Electronic Signing Instance; and
(g) technical, usage, and event metadata associated with End User interaction with SmartMLS Sign, including without limitation, where such data is entered, uploaded, transmitted, pre-populated, or otherwise made available through use of SmartMLS Sign.
The processing of End User personal data under this Section does not alter the role of SmartMLS Sign as a non-determinative software provider and does not create any direct relationship, duty, or obligation between SmartMLS Sign and any End User under this Privacy Policy.
3.2.04 DATA-SUBJECT FOCUS AND ACTOR NEUTRALITY: The categorization of personal data in this Article 3.2 is based on the individual to whom the data relates, not on the individual who submits, transmits, or otherwise causes the data to be processed.
(a) End Users, System Users, other Senders, Signing Participants, or other third party participants, control the decision to input, upload, transmit, or otherwise cause End User personal data to be processed through SmartMLS Sign;
(b) SmartMLS Sign does not independently originate or modify the substantive content of End User personal data outside of user-directed use of SmartMLS Sign; and
(c) responsibility for the content and permissibility of data processed through SmartMLS Sign remains with the submitting or directing party, as further allocated in the applicable Terms.
3.2.05 NO EXPANSION OF OBLIGATIONS: This Article 3.2 is descriptive only. Nothing in this Article:
(a) expands SmartMLS Sign’s obligations beyond those expressly set forth in the applicable Terms;
(b) assigns compliance, legal, or regulatory responsibilities to SmartMLS Sign that are not expressly assumed therein; or
(c) creates any rights, remedies, or expectations in favor of any End User or other third party.
3.3 AUTOMATICALLY COLLECTED INFORMATION:
3.3.01 When End Users access or use SmartMLS Sign, or participate in an Electronic Signing Instance, SmartMLS Sign may automatically collect limited technical information relating to such users, including without limitation:
(a) device information and browser type;
(b) Internet Protocol (IP) address;
(c) log data related to access, authentication, and SmartMLS Sign activity; and
(d) date, time, and duration of user sessions.
3.3.02 The information described in this Article 3.3 is collected and used solely to operate, secure, maintain, and support the operation of SmartMLS Sign as a software application.
ARTICLE 4 USE OF INFORMATION:
4.1 PERMITTED USES:
4.1.01 SmartMLS Sign uses information collected from or relating to End Users only to:
(a) provide, operate, maintain, and support SmartMLS Sign;
(b) authenticate End Users and facilitate their access to or participation in Electronic Signing Instances;
(c) enable End Users to receive, review, execute, and otherwise participate in Electronic Signing Instances initiated by System Users through SmartMLS Sign;
(d) communicate with End Users regarding Electronic Signing Instance status, execution, confirmations, or SmartMLS Sign-related functionality; and
(e) enforce the Terms and protect the security and integrity of SmartMLS Sign.
4.2 PROHIBITED USES:
4.2.01 SmartMLS Sign does not sell personal information.
ARTICLE 5 DISCLOSURE OF INFORMATION:
5.1 SMARTMLS SIGN MAY DISCLOSE INFORMATION AS DESCRIBED BELOW:
5.1.01 SERVICE PROVIDERS AND INTEGRATIONS: To third-party vendors and service providers engaged by SmartMLS Sign solely to support the operation, maintenance, security, and availability of SmartMLS Sign (including, without limitation, hosting, infrastructure, authentication, and customer support), and to third-party integrations or SmartMLS Sign-enabled products solely as necessary to enable electronic signature or related functionality, in each case subject to appropriate confidentiality obligations and without any independent right to use the information.
5.1.02 LEGAL, COMPLIANCE, AND PROTECTIVE PURPOSES: To comply with applicable law, regulation, subpoena, court order, legal process, civil investigative demand, or other governmental or regulatory request; to respond to lawful requests from public authorities; and to protect, enforce, or defend the rights, property, or safety of SmartMLS Sign, its users, or others, including in connection with the investigation, prevention, or remediation of suspected or actual fraud, security incidents, misuse of SmartMLS Sign, or violations of the Terms or applicable law.
5.1.03 BUSINESS TRANSFERS: In connection with, or as part of, any actual or contemplated merger, acquisition, financing, reorganization, bankruptcy, dissolution, or sale or transfer of all or a portion of SmartMLS Sign’s assets or business, including during due diligence, provided that any recipient of such information is subject to confidentiality obligations and the continued application of this Privacy Policy or otherwise as required by law.
5.2 THIRD-PARTY DISCLOSURE RESPONSIBILITY:
5.2.01 SmartMLS Sign does not control and is not responsible for any disclosure, use, or handling of information by any System User, Sender, End User, Signing Participant, or other third party after such party has been invited into, or granted access to, an Electronic Signing Instance by a System User or other authorized participant.
ARTICLE 6 DATA RETENTION:
6.1 SmartMLS Sign may retain information on a temporary, incidental, or system-dependent basis solely as necessary to operate SmartMLS Sign as a result of and in accordance with System Users’ configuration, initiation, and use of SmartMLS Sign features and functionality, and, where applicable, to comply with legal obligations, resolve disputes, and enforce agreements.
6.2 SmartMLS Sign makes no representations or guarantees regarding the retention, storage, availability, integrity, completeness, or deletion of any information, including any Electronic Record or related data. Information may be deleted, overwritten, or rendered inaccessible at any time due to system limitations, SmartMLS Sign operations, legal requirements, or SmartMLS Sign’s operational policies or procedures.
ARTICLE 7 DATA SECURITY:
7.1 SmartMLS Sign implements administrative, technical, and organizational measures that it deems commercially reasonable and appropriate to help protect information processed through SmartMLS Sign. Such measures are implemented at SmartMLS Sign’s sole discretion, may change from time to time, and do not constitute a guarantee, representation, or warranty regarding the security, availability, or integrity of any information.
7.2 To the maximum extent permitted by applicable law, SmartMLS Sign disclaims all warranties, representations, and conditions relating to the security, protection, availability, or integrity of information processed through SmartMLS Sign and assumes no responsibility or liability for any unauthorized access to, use of, disclosure of, alteration of, or loss of such information, including as a result of third-party actions, system failures, or events beyond SmartMLS Sign’s reasonable control.
ARTICLE 8 THIRD-PARTY SERVICES AND INTEGRATIONS:
8.1 SmartMLS Sign may interoperate with third-party services, integrations, or SmartMLS Sign-enabled products as a result of and in accordance with System Users’ configuration, initiation, and use of SmartMLS Sign features and functionality, solely as necessary to enable Electronic Signing Instances or related functionality. SmartMLS Sign does not control and is not responsible for the privacy practices, security, availability, or content of any such third-party service or integration, and such third parties have no independent rights to use information disclosed through SmartMLS Sign except as necessary to provide the applicable functionality.
8.2 Use of any third-party service or integrated SmartMLS Sign-enabled platform or product is governed solely by the applicable terms of use and privacy policies of the relevant third-party provider or platform operator, and not by this Privacy Policy, and SmartMLS Sign does not assume responsibility for, and disclaims any obligations arising from, such third-party terms or privacy policies.
ARTICLE 9 CHILDREN’S INFORMATION:
9.1 SmartMLS Sign is not intended for use by children. Individuals under the age of eighteen (18) years of age are explicitly prohibited from accessing or using SmartMLS Sign.
9.2 SmartMLS Sign does not knowingly collect personal information from individuals under the age of eighteen (18). If SmartMLS Sign becomes aware that personal information from a minor child has been collected, SmartMLS Sign may take reasonable steps to delete such information.
ARTICLE 10 AMENDMENTS; UPDATES; CONTINUED ACCEPTANCE:
10.1 SmartMLS Sign reserves the right, in its sole discretion, to modify, amend, update, revise or replace this Privacy Policy, in whole or in part, at any time.
10.2 Unless otherwise expressly stated by SmartMLS Sign, any modification, amendment, update, or revision to, or replacement of this Privacy Policy shall be effective immediately upon posting the revised or replaced Privacy Policy within SmartMLS Sign or otherwise making it available in connection with Your access to or use of SmartMLS Sign.
10.3 By continuing to access or use SmartMLS Sign after the effective date of any modification, amendment, update, or revision to, or replacement of this Privacy Policy, You acknowledge and agree that such continued access or use constitutes Your binding acceptance of the modified Privacy Policy, as then in effect.
10.4 If You do not agree to any modification, amendment, update, or revision to, or replacement of this Privacy Policy, You must immediately discontinue all access to and use of SmartMLS Sign.
ARTICLE 11 CONTACT INFORMATION:
11.1 Questions regarding this Privacy Policy may be directed to SmartMLS Sign at the following email address: smartmlssign@smartmls.com
Published: 01/01/2026 12:01AM EST
Effective : 01/01/2026 12:01AM EST
Version : v.01.01.001
