Last Updated: June 5th, 2025
This Data Processing Agreement (“Agreement”) explains how American Elm Capital LLC d/b/a SmarterDumbphone (“Processor,” “we,” “us,” or “our”) processes personal data on behalf of users (“Controller,” “you,” or “your”), with all capitalized terms having the meanings set forth in our Terms of Service of our consumer software-as-a-service platform (“Service”). This Agreement forms part of our Terms of Service and applies when you use our Service and we process personal data on your behalf.
By using our Service, you agree to the terms of this Data Processing Agreement.
This Agreement governs the processing of personal data by Processor on behalf of Controller in connection with the use of the Service. This Agreement remains in effect for as long as Processor processes personal data on behalf of Controller.
Processor shall process personal data solely for the purpose of providing the Service, which may include:
Processor shall:
Processor uses third-party service providers (sub-processors) to provide aspects of the Service. An up-to-date list of sub-processors is available upon request. You will be notified of any changes and given an opportunity to object.
Processor is located in the United States. The transfer of personal data from the EU to Processor shall be governed by the Standard Contractual Clauses (Module Two: Controller to Processor) as published by the European Commission on 4 June 2021.
Processor shall implement and maintain appropriate technical and organizational security measures, including:
Processor shall, to the extent legally permitted, assist Controller in fulfilling obligations to respond to data subject requests under applicable data protection laws.
Processor shall notify Controller without undue delay, and in any event within 48 hours, after becoming aware of a personal data breach.
Upon termination of your account or this Agreement, Processor shall, at your request, delete or return all personal data, unless otherwise required by law.
You may request reasonable documentation to verify our compliance. Formal audits may only be conducted where required by applicable Data Protection Laws, and upon reasonable written request.
Our liability with respect to this Agreement is subject to the limitations set forth in our Terms of Service.
This DPA will be governed by and construed in accordance with the laws of the State of Colorado, unless required otherwise by applicable Data Protection Laws. This Agreement shall be governed by the laws of the State of Colorado, unless otherwise specified in our Terms of Service.
See Section 3 above
See Section 7 above
| Sub-Processor | Description | Address | Website |
|---|---|---|---|
| Amazon Web Services | Our primary infrastructure provider. AWS has access to SmarterDumbphone’s base infrastructure but generally does not have access to client data. | 12900 Worldgate Dr #800, Herndon, VA 20170 | aws.amazon.com |
| OpenAI | An artificial intelligence platform. OpenAI is the primary large language model (LLM) provider supporting SmarterDumbphone’s AI features. | 3180 18th Street, San Francisco, CA 94110 | openai.com |
| Twilio | A voice and texting provider. Twilio is used to send and receive text messages through our product. | 375 Beale Street, San Francisco, CA 94105 | twilio.com |
| Google provides search and maps APIs used within SmarterDumbphone’s services. | 1600 Amphitheatre Parkway, Mountain View, CA 94043 | google.com | |
| Stripe | A payment processor. Stripe is used to securely handle subscription billing and payment transactions for SmarterDumbphone. | 354 Oyster Point Blvd, South San Francisco, CA 94080 | stripe.com |
This Agreement incorporates by reference the Controller-to-Processor SCCs Module Two as provided by the European Commission. The full text of the SCCs is available here.
If you have questions about this Data Processing Agreement, please contact us at: privacy@smarterdumbphone.com