“If there is a conflict between the terms of this Privacy Notice and the Data Privacy Framework Principles, the Principles will govern.”
This analysis describes what Smartsheet's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
By subordinating its own Privacy Notice to the Data Privacy Framework Principles, Smartsheet establishes a hierarchy of authority that limits its ability to rely on its own policy language where a conflict exists.
The updated privacy policy states that only Smartsheet's U.S.-based affiliates participate in the EU-U.S., UK Extension, and Swiss-U.S. Data Privacy Framework. Previously, the policy referenced participation by Smartsheet and its affiliates without geographic qualification. This narrowed scope may affect the data transfer mechanisms available for processing personal data from EU, UK, and Swiss users if non-U.S. affiliates are involved in data handling. The policy does not explicitly describe alternative transfer mechanisms for non-U.S. affiliates.
View change record →Where Smartsheet's Privacy Notice and the Data Privacy Framework Principles conflict, users' rights and protections are determined by the Principles, not the Privacy Notice.
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"If there is a conflict between the terms of this Privacy Notice and the Data Privacy Framework Principles, the Principles will govern.Excerpt from Smartsheet's Privacy Policy
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By subordinating its own Privacy Notice to the Data Privacy Framework Principles, Smartsheet establishes a hierarchy of authority that limits its ability to rely on its own policy language where a conflict exists.
Where Smartsheet's Privacy Notice and the Data Privacy Framework Principles conflict, users' rights and protections are determined by the Principles, not the Privacy Notice.
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