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Privacy Policy

Last Updated: March 26, 2026

1. Introduction

The Smart Layer ("we," "us," or "our") operates https://thesmartlayer.com. We are committed to protecting the privacy of our clients and their customers in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable Canadian telecommunications regulations.

2. Information We Collect

We collect the following types of information when you interact with our services:

  • Contact Information: Name, email address, phone number, and business name.
  • Business Data: Information you provide for AI agent training, including your services, pricing, hours, and policies.
  • Communication Records: Chat transcripts, call recordings, call transcripts, voicemail messages, and SMS messages generated through your use of our AI chatbot and AI phone agent.
  • Technical Data: IP addresses, browser type, device information, and usage patterns collected through our website.
  • Payment Information: Billing details collected directly or through third-party payment processors when you subscribe to our services.

3. How We Use Your Information

We use your data to:

  • Deliver and operate our AI-powered automation services, including scheduling, lead management, and customer communications.
  • Train and optimize AI chatbots and phone agents on your specific business information.
  • Send transactional communications, including appointment confirmations, booking notifications, and service updates.
  • Send SMS messages and automated calls related to your account and services (see Section 4 for consent details).
  • Analyze website traffic and improve our platform.
  • Process payments and manage your subscription.

We do not sell your personal data to third parties.

4. Consent for SMS Messages and AI-Powered Calls

SMS Messages: If you choose to opt in through a consent checkbox, chatbot confirmation, or verbal confirmation during a call, you consent to receive transactional SMS messages from The Smart Layer related to your audit request and appointment coordination. SMS consent is optional, and you may still receive follow-up by email if you do not opt in to SMS. Message frequency varies based on your activity. Message and data rates may apply.

To opt out of SMS messages: Reply STOP to any message at any time. After opting out, you will receive one final confirmation message. You may opt back in by replying START or by contacting us directly.

AI-Powered Calls: Our services include AI voice agents that may answer inbound calls, make outbound calls (such as appointment reminders), and handle call transfers on your behalf. All calls handled by our AI agents may be recorded and transcribed for quality assurance, service improvement, and record-keeping purposes. Callers interacting with our AI phone agent are informed at the start of the call that they are speaking with an AI assistant.

Your customers: If you use our AI phone agent or chatbot to interact with your customers, you are responsible for informing your customers that their calls may be handled by an AI agent and that conversations may be recorded and transcribed. We provide tools and language to help you communicate this to your customers.

5. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to analyze website traffic, optimize our platform, and support marketing efforts. Specifically, we use Google Analytics (GA4) to understand how visitors interact with our website. You can control your cookie preferences through your internet browser settings. For more information about how Google processes data, visit Google's privacy policy.

6. AI and Third-Party Processing

To provide our services, your data may be processed securely by third-party infrastructure and service providers. These include AI model providers, telephony and communication providers, database and hosting providers, and email delivery services. These providers are used solely for the technical execution of your automation workflows and are subject to their own privacy policies and data protection practices. We select providers that maintain industry-standard security practices and, where applicable, compliance with relevant data protection regulations.

7. International Data Transfers

Because our third-party infrastructure providers are primarily based in the United States, your data may be transferred, stored, and processed outside of Canada. By using our services, you consent to these necessary cross-border data transfers. We take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy regardless of where it is processed.

8. Data Security and Retention

We implement industry-standard encryption and security protocols to protect your data. Information is retained only as long as necessary to fulfill service obligations, typically no longer than 24 months after the end of your service agreement, or as required by Canadian law. Communication records such as call transcripts and chat logs are retained for the duration of your active subscription and for up to 12 months after cancellation to support any follow-up needs.

9. Data Breach Notification

In the unlikely event of a security breach that poses a real risk of significant harm to your personal information, we will promptly notify you and the Privacy Commissioner of Canada in accordance with PIPEDA requirements.

10. Payment Information

When you subscribe to our services, payment information may be collected and processed directly by us or through third-party payment processors. We do not store full credit card numbers on our servers. Third-party payment processors are PCI-compliant and subject to their own privacy policies.

11. Age Restriction

Our services are intended for individuals who are at least 18 years of age. We do not knowingly collect personal information from anyone under the age of 18. If we become aware that we have collected personal information from a person under 18, we will take steps to delete that information promptly.

12. Your Rights

Under PIPEDA, you have the right to:

  • Access the personal information we hold about you.
  • Request correction of inaccurate or incomplete information.
  • Request deletion of your personal data, subject to legal retention requirements.
  • Withdraw consent for SMS messages or other communications at any time.

To exercise any of these rights, please contact us using the information below.

13. Changes to This Policy

We may update this Privacy Policy from time to time. Changes will be posted on this page with an updated "Last Updated" date. We encourage you to review this policy periodically. Continued use of our services after changes are posted constitutes acceptance of the updated policy.

14. Contact Us

For any privacy-related questions, data requests, or to exercise your rights, please contact our Privacy Officer:

John Schraa

The Smart Layer

Planet Hatch, 50 Crowther Lane Suite 140

Fredericton, NB E3C 0J1

Email: info@thesmartlayer.com

Phone: (855) 404-AIAI (2424)

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