Privacy Policy

01. Introduction & Scope

The Smart Marketing Company (referred to herein as "TSMC," "we," "us," or "our"), operating at thesmartmarketingcompany.com, provides turnkey email marketing services and sending infrastructure specifically engineered for True REST Float Spa franchise locations nationwide through the Location Email Portal (truerest-email-marketing.pages.dev).

This Privacy Policy details our commitments and operational standards regarding the collection, isolation, protection, and handling of both franchise operator information and customer subscriber databases provided to us in connection with our services.

By enrolling your location, utilizing the portal, or providing customer contact lists for email distribution, you acknowledge that you have reviewed and agree to the data management and privacy standards described herein.

02. 100% Subscriber Data Ownership & Database Isolation

When you export your active customer list (CSV) from your booking system (such as Mindbody, Booker, or Zing) and upload it for onboarding:

• Dedicated Database Segregation: Your contacts are housed in dedicated, isolated subscriber address books restricted entirely to your specific location.
• Verified Domain Sending: Email newsletters and holiday promo sales campaigns are authenticated and sent exclusively through your location's verified sender address.
• Zero Cross-Pollination: Customer lists from one location are never visible to or accessible by another franchise location.

03. Information We Collect

We collect information necessary to fulfill our marketing commitments and manage your account in two categories:

A. Franchise Operator & Account Details

When you complete the on-page intake form, select a service plan, or submit payment confirmation through our secure payment modal, we collect:

• Operator Contact Details: Full name, professional title, business email address, and direct phone number.
• Location Specifications: City and state for each enrolled spa, local booking software URLs, local holiday promo purchase links, physical spa address, and primary contact phone number.
• Billing & Payment Records: Billing contact information and transaction receipts. Credit card transactions are processed through encrypted 256-bit SSL connections via Cognito Forms and Stripe; raw payment card numbers are never stored on our local web servers.

B. Guest Subscriber Data Uploaded for Delivery

To deliver monthly newsletters and holiday promo sales campaigns on your behalf, you provide your local email contact lists, which typically include:

• First and last names of guests and members.
• Subscriber email addresses.
• Subscription status, opt-in dates, and unsubscribe preferences.

04. How We Use Your Information

Information collected through the portal and subscriber lists provided by your spa are used strictly for legitimate commercial purposes:

• Custom Email Campaign Production: Drafting, testing, localizing, and dispatching personalized monthly newsletters and major holiday sales campaigns tailored to your specific spa.
• Sender Reputation & List Hygiene: Authenticating custom sending domains (SPF, DKIM, DMARC), monitoring bounce rates, and automatically suppressing unsubscriptions.
• Account Administration: Sending monthly voice prompts for your personal input, scheduling previews for your review, and providing delivery reporting.
• Billing Management: Generating accurate invoices and tracking agreement milestones according to your selected plan.

05. Third-Party Technical Processors

To deliver an enterprise-grade turnkey service, we rely on established, vetted third-party technical infrastructure providers:

• Sending Platform (SendPulse): Enterprise email delivery infrastructure, dedicated IP pools, and subscriber list management.
• Secure Payment & Agreement Processing (Cognito Forms & Stripe): Encrypted 256-bit SSL forms and PCI-compliant payment gateway processing.
• Intake Logging & Automation (Google Workspace & Apps Script): Cloud database logging to verify location details and dispatch immediate founder alerts upon enrollment.
• Content Delivery & Web Hosting (Cloudflare Pages): High-speed, DDoS-protected web hosting and global content distribution.

All technical processors operate under strict confidentiality and security terms and are authorized to process data solely to execute the specified technical functions.

06. Strict No-Sale Guarantee

Your customer data is held in strict trust. We disclose information only when necessary to fulfill your email sending operations through verified technical processors, or when required by formal legal process, court order, or applicable law.

07. Data Security & Encryption Standards

We implement comprehensive technical, physical, and organizational safeguards designed to protect all data against accidental loss, unauthorized access, alteration, or disclosure:

• Encryption in Transit: All website visits, form submissions, and API dispatches utilize Transport Layer Security (TLS 1.3 / SSL).
• Access Control: Administrative access to client SendPulse sending accounts and subscriber lists is restricted to authorized TSMC campaign managers via multi-factor authentication (MFA).
• CAN-SPAM & Compliance Standards: Every email dispatched includes automated, one-click unsubscribe links and accurate local spa physical address disclosures required by federal CAN-SPAM regulations.

08. Data Retention & Offboarding

We retain your location's account records and sending data for the duration of your active service term. Should you ever decide to conclude your service agreement:

• You may request a complete export of your updated subscriber lists, including engagement histories and clean suppression records.
• Upon request, we will permanently purge all stored customer lists from our sending databases within 30 days of service conclusion.

09. Franchisee Rights & Preferences

As a participating franchise operator, you maintain full control over your account. You have the right to inspect, update, or correct any contact information, request data exports, or update your sending preferences at any time by contacting our support team.

10. Contact & Compliance Inquiries

For questions, data export requests, or privacy inquiries regarding this program, please contact our compliance lead directly: