What Information Do We Collect?
TextSpot collects and/or stores information from individuals who visit any of our Sites (“Visitors”), Clients who have registered to use our platform services, as well as Users whom our Clients contact through the use of our platform.
- Information You Provide to Us
- Information We Collect and Store As You Access and Use the Site
In addition to any Personal Information or other information that you choose to submit to us via our Site or we obtain as a service provide to our Clients, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect and store certain information whenever you visit or interact with our Site or messages sent through our Site (“Usage Information“). This Usage Information is used for information-gathering. This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device“) whenever you visit or interact with our Site. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information with your Personal Information, we will treat it as Personal Information. This Usage Information may include:
- your IP address, UDID or other unique identifier (” Device Identifier“). A Device Identifier is a number that is automatically assigned to your Device used to access the Site, and our computers identify your Device by its Device Identifier;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the URL that referred you to our Site;
- the areas within our Site that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- certain other Device data, including the time of day, among other information.
We may use various methods and technologies to collect and store Usage Information (“Tracking Technologies“). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in.
Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Site may not function properly, and that when you revisit our Site your ability to limit cookies is subject to your browser settings and limitations.
- Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Site’s pages and messages. TextSpot uses Web beacons alone or in conjunction with cookies to compile information about Clients and Visitors’ usage of our Site and your interactions with emails we may have sent you. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page, message or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site, to monitor how Users navigate the Site, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the Site and is deactivated or deleted thereafter.
- Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
- Entity tag (“ETag”). A feature of the cache in browsers. It is an identifier, which you cannot see, that is assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash and/or HTML5 cookies.
- Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
We may use Tracking Technologies for a variety of purposes, including:
- Targeting-Related. We may use Tracking Technologies to deliver content relevant to your interests on our Site and third-party sites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that have been delivered to you.
There may be other Tracking Technologies now and later devised and used by us in connection with the Site and we may otherwise obtain Usage Information when operating and/or administering a messaging campaign on behalf of our Client.
- Information Third Parties Provide About You
- Interactions with Third-Party Services
- Information You Provide About a Third Party
You may send someone else a communication from the Site, such as sending an invitation to a friend. If so, the information you provide (names, email addresses, mobile number, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Site, your email address, mobile number, name or username and message may be included in the communication sent to your addressee(s).
- California / Delaware Do Not Track Disclosures
Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
How Do We Use Information We Collect?
We may use your Personal Information, Demographic Information or Usage Information for various purposes, including:
- to provide the mobile marketing services to our Clients that we have specifically been engaged to provide as a service provider;
- to process transactions or provide users of our Site or our Client’s sites with information, such as to send electronic newsletters or to provide special offers or promotional and marketing materials on behalf of us, or Client’s or third parties, including to let users know about new products, services or upcoming events;
- to improve the Site, our Site offerings and our Client’s campaigns;
- to customize each User’s experience or to serve Users specific content or ads that our Clients believe are relevant to that user;
- to provide customer support;
- to enable you to participate in a variety of the Site’s features;
- to contact you with regard to your use of the Site and, in our discretion, changes to the Site and/or Site’s policies;
- to improve the overall experience at the Site;
- for internal business purposes; and
How and When Do We Disclose Information to Third Parties?
TextSpot may disclose your information as follows:
- Third Parties Providing Services on our Behalf. We may use third-party vendors to perform certain services on behalf of us, the Site or our Client’s sites, such as:
- to assist us in operations;
- to manage a database of customer information;
- designing and/or operating features;
- tracking activities and analytics;
- enabling us to send you special offers or perform other administrative services; and
- other services designed to assist us in maximizing our business potential.
We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third-party technologies or activities arising out of them. For example, we and our third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie). We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.
- Administrative and Legal Reasons. We may access, use, preserve, transfer and disclose your information (including Device Identifiers and Personal Information) to third parties:
- to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law;
- to protect the safety, rights, property or security of the Site or any third party; and/or
- to detect, prevent or otherwise address fraud, security or technical issues.
Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law. Such disclosures may be carried out without notice to you.
- Affiliates and Business Transfer. We may share your information, including your Device Identifiers and Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Site or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
Do Third-Party Content, Links to Third-Party Sites and/or Third-Party Apps
Appear on the Site?
The Site may contain content, links or apps that are supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Site are served to you for their own commercial purposes. In addition, when you are on the Site you may be directed to other sites and apps that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites or apps and they may be tracking you across multiple online services and may be sharing the results of that tracking with us and/or others. These third parties may have their own terms of service, privacy policies or other policies and ask you to agree to the same. For example, if you “click” on a link, the “click” may take you off the Site onto a different location. These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal Information, and may or may not have their own published privacy policies. We are not responsible for these third-party privacy policies or the practices of third-party parties. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications. We also encourage you to note when you leave our Site and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
How Do I Change My Information?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. You may to provide updates and changes to your Personal Information by contacting us via email at email@example.com. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons.
What about the California Privacy Rights and User Data?
The California Consumer Privacy Act (“CCPA”) (Cal. Civ. Code § 1798.100, et seq.) provides California residents with specific rights regarding the use of their personal information. The CCPA defines “personal information” as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. TextSpot Clients use our Services to host User Data that TextSpot Clients collect.
TextSpot operates as a service provider with respect to User Data. This means that we only use User Data for the purpose of providing Services to our Clients. To fulfill these purposes, TextSpot may access User Data to provide our Services, to address technical or other service problems, or to comply with instructions of our Clients who provided the data. We do not access, retain, use, or disclose Customers’ Contact Data for any other purpose.
If you, as a Visitor or User, are a California resident, wish to exercise your rights to access, delete, or opt-out of the sale of your personal information, please submit your request directly to the Client who submitted your data to TextSpot. You may also contact us to request information about the Customer who provided TextSpot with your data by submitting your request to firstname.lastname@example.org. Upon receiving your request, where possible, we will refer your request to the Client(s) who submitted your data and provide you with their contact information. We are committed to upholding your privacy rights and will support our Customers as needed in responding to your request.
What About Transfer of Information to the United States?
What Should Parents Know About Children?
The Site is a general audience website and we do not knowingly collect any personal information from children younger than the age of thirteen (13) as required by U.S. law. We will delete any personal information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personal information to us, please contact us via email at email@example.com.
What About Security?
We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. TextSpot encrypts all sent and received messages using the industry standard AES-256 encryption. Please note that we cannot ensure the security of any information you transmit to us, and you use our Site and provide us with your information at your own risk.
I’m a Client User, How do I Opt-out of Campaigns?
TextSpot offers services enabling its Clients to send messages via text messages. This Section is designed for those users who received a message from a TextSpot Client. If you believe you have received unwanted, unsolicited text messages from the TextSpot platform, please contact us via email at firstname.lastname@example.org.To unsubscribe from any TextSpot Client campaign, simply text ‘STOP’, ‘REMOVE’, ‘CANCEL’, ‘END’, ‘QUIT’, ‘OPTOUT’ or ‘UNSUBSCRIBE’ to the originating short code or contact us via email at email@example.com. We will send you a SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us unless you opt-in to a different campaign. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. As always, message and data rates may apply for any messages sent to you from us and to us from you.
What are the Terms Specific to Clients?
- Services Covered
In this Privacy Statement, “we,” “us,” “our,” or “TextSpot” refers to TextSpot and our affiliates, which includes any person or entity that controls TextSpot, is controlled by TextSpot, or is under common control with TextSpot (such as a subsidiary, parent company, or employee). TextSpot offers a variety of platform services that are collectively referred to as our “Services.” Clients use our Services through the account portal or who otherwise use the Services By contrast, Visitors simply visit TextSpot websites.
- Information TextSpot Collects from You
TextSpot collects information from Clients in order to provide them with the best possible user experience. Some information is collected only from Clients, and not Visitors:
- Required Contact Information. When expressing an interest in obtaining additional information about our Services or in registering to use them, TextSpot requires Clients to provide us with some basic contact information, such as name, company name, address, phone number, and email address.
- Billing Information. When purchasing our Services, TextSpot requires Clients to provide us with financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the Client’s organization that will be using our Services. We also track Client’s usage of our Services, such as the number of times Clients use our Services and which Services are used, so we can properly bill Client for Client’s use of those Services.
- Security, Fraud Prevention, and Network Management. We collect certain information from our Clients to ensure the security of our Services. For example, we collect Client IP addresses used when longing in to our account portal as part of our “Identity Confirmation” and “IP Range Restrictions” security features. We also collect information from Clients and Client’s use of our Services that allows us to appropriately manage our networks.
- Content of Client Communications and Related Data. We collect the content of our Client’s telecommunications and related information in connection with the Client’s use of our Services. To transmit Client messages, voice broadcasts, and other communications, we collect the content of what Clients communicate through our Services and transmit it to the next carrier. Likewise, we collect and transmit related data to the next carrier that is necessary to route and connect Client communication to the intended recipient.
- Communications with Our Client Support Team. When a Client reaches out to our customer support team, we may use the information that provided to us to identify and solve problems that have arisen and to otherwise improve our Services.
- Optional Information. TextSpot may also ask Clients to provide additional information, such as company annual revenues, total number of employees, and industry. We may offer Clients the option to import an email address book or calendar. This category of optional information includes any information that the Client voluntarily provide to us.
- How TextSpot Uses the Information It Collects
TextSpot uses Usage Information (as defined above) to operate and improve our Sites. We also use the information about our Clients (“Client Data”), as well as the information about their contacts that they have uploaded and stored on our Services (“User Data”), to improve our Services, develop new features, and to market and promote our Services. For example, we use this data to:
- connect our Clients with one another. For example, we may use Client Data to offer Clients the opportunity to connect with other Clients who a Client might know or who might share similar characteristics, such as location or industry. We may also suggest connections between Clients whose calls, messages, broadcasts, or campaigns target similar Clients based on analyses of User Data or other anonymized aggregated data.
- allow Clients to engage, interact, and communicate with one another about their uses of our Services. TextSpot may use anonymized aggregate data from any source to help improve our Services and for targeted advertising purposes, including in conjunction with third parties.
- Consent for Use of Confidential Data and Client Proprietary Network Information
In order to better serve our Clients’ needs and to offer them additional products and services, TextSpot may analyze certain information about their usage of our platform and services. Such analyses will be based on Client’s anonymized, aggregated data, and any information belonging to the Client will not be personally identifiable. We will provide the results of any such analyses to the Client in order to help that Client understand how other businesses that may be similar are using our Services. The information used for this analysis may include:
- Client Proprietary Network Information. Information that is made available to the TextSpot solely by virtue of the Client’s relationship with us as a telecommunications carrier is known under FCC regulations as Client Proprietary Network Information (“CPNI”). This carrier-acquired, generated, or maintained information relates to the quantity, technical configuration, type, destination, location, and usage amount of the Client’s telecommunications services purchased from TextSpot. It also includes the content of specific telecommunications that Clients make or receive, as well as the related local and toll billing information. TextSpot acknowledges its duty under federal law and/or any applicable state law to take reasonable measures to safeguard the confidentiality of the Client’s CPNI.
- Confidential Information. In some circumstances, TextSpot may include in its analyses Confidential Information (“CI”) that is not covered under the definition of CPNI, such as a Client’s subscriber list or published information (listed or unlisted). CI could include information like the Client’s name, telephone number, address, and information related to non-telecommunications aspects of our platform and services. We use this CI solely on an anonymized basis. By using our platform and services, the Client grants TextSpot permission to use any CI and CPNI for the purpose of improving the Client’s experience with our platform and services, providing insight into how Clients use our platform and services, and offering Clients any and all products and services available from us, including offerings that are different from those the Client is currently buying from us. The Client has a right to disapprove of our uses of its CPNI and CI as set forth above. A Client may withdraw the permission it has granted us by agreeing to these terms at any time by notifying us in writing at firstname.lastname@example.org.
- Sharing of Information Collected
We may share Client Data and User Data with third-party service providers or others who need access to the data to perform their work on our behalf. For example, we may store this information on third-party servers. Additionally, TextSpot may share information provided by Clients and Visitors with our agents so that these agents can contact them on our behalf. TextSpot may also share this information with our agents to ensure the quality of information provided. TextSpot does not share, sell, rent, or trade personally identifiable information with third parties for their promotional purposes.
TextSpot uses a third-party intermediary to manage credit card processing. This intermediary is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on our behalf.
TextSpot reserves the right to disclose personal information about Clients or Visitors if required by law, if we reasonably believe that disclosure is necessary to protect our rights, and/or to comply with a judicial proceeding, court order, or legal process, or if we believe that disclosure is reasonably necessary to protect the public from harm.
If we go through a corporate sale, merger, reorganization, dissolution, or similar event, the Client Data and User Data that we gather from the Client may be part of the assets transferred or shared in connection with the due diligence for any such transaction. Any acquirer or successor of TextSpot may continue to use that data as set forth in this Privacy Statement.
- User Data
TextSpot Clients use our Services to host data and information. Such information usually includes User Data, such as data about the contacts they wish to communicate with by using our platform. TextSpot processes User Data on behalf of our Clients. We only use User Data for the purpose of providing Services to our Clients.
- Release of User Data. By uploading User Data to our Services, Client releases this information to us.
- Right to Store and Use the User Data. By uploading User Data to our Services, Client represents that it has the right to store and otherwise use that User Data on our Services, as well as the right to communicate with the User using that information.
- Client Responsibility for Maintaining a Secure Account. Clients are responsible for maintaining the security and confidentiality of their TextSpot usernames and passwords. This is important to protect the confidentiality of their User Data.
- Requests for Deletion of User Data by the User. Any User of a TextSpot Client who would like their data to be deleted from a Client’s account should send such requests directly to the Client. If contacted, however, TextSpot will make our best effort to accommodate requests that appear to be genuine and legitimate.