Last Revised: March 23, 2020
What Is Personal Information?
As used herein, the term “personal information” means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, or email address) and information about that individual or his or her activities that is directly linked to personally identifiable information. Personal information does not include “aggregate” information, which is data we collect about the use of the Sites or about a group or category of services or users, from which individual identities or other personal information has been removed. This Policy in no way restricts or limits our collection and use of aggregate information.
What Personal Information Do We Collect?
Active Collection: We only collect the information you voluntarily provide to us, such as when you email us or sign up for an account. Such information may include personal information, such as your name and email address.
Information you provide to us directly. We may collect personal information, such as your name, administrator/agent names, mobile phone numbers, location, payment information, email address, and other information about your company/organization when you register for our Sites or otherwise communicate with us. We may also collect any communications between you and txtWave and any other information you provide to txtWave.
Information collected through your use of the Service. We collect information about how you use the Service, your actions on the Service, and content you post to the Service, including information on Message Recipients (e.g., names, phone numbers and group designations) and their contact information, messaging scripts, photos and videos you post to the Service, and any other content you provide through other functionalities of the Service (“User Content”). Please remember that txtWave may, but has no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property. By using the Sites, you consent to the recording, storage, and disclosure of such communications you send or receive for these purposes.
Text message content and related metadata. We collect certain data about your messages and the content of your messages with Message Recipients, such as the content of messages you send and receive, message timestamps, message length, reply rates other statistics and metadata (“Text Message Data”). We use this Text Message Data for our internal purposes such data analysis, fraud prevention, developing and improving our Service, and identifying usage trends. Note that any messages you send that are transmitted via txtWave may be accessible by certain third-party organizations, such as cellular networks and SMS gateway services, that may be used to transmit the messages. These organizations may have their own rules, policies, and security measures controlling who has access to messages transmitted through their services.
Passive Collection: When you use the Sites, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring website, and your activity on our Sites. If you access the Sites from a mobile device, we may also collect information about the type of mobile device you use, your device’s unique ID, the type of mobile Internet browsers you use, and information about the location of your device (for information about how to opt-out of this data collection, please see “What Choices Do You Have Regarding the Use of Your Information?” below). We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only.
We may also automatically collect certain information through the use of “cookies” or web beacons. Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us improve our Sites and your experience. Information obtained from cookies and linked to personally identifying information is treated as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to remove or reject browser cookies, this could affect certain features on our Sites. Web beacons are small, invisible graphic images that may be used on the Sites or in emails relating to the Sites to collect certain information about usage and effectiveness and monitor user activity on the Sites.
How Do We Use the Personal Information We Collect?
We use personal information collected through our Sites for the purposes described in this Policy or elsewhere on the Sites. For example, we may use personal information we collect:
- to provide the services, products, or information you request, and to process and complete such requests;
- to respond to your emails, submissions, questions, comments, and requests and to provide customer service;
- to send you confirmations, updates, alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Sites;
- to notify you about important changes to the Sites;
- to monitor and analyze site usage and trends, and to improve the Sites and our users’ experiences on the Sites;
- to anonymously serve ads on other websites or media, based on the actions you take; and
- for any other purpose for which the information was collected.
What Personal Information Do We Share with Third Parties?
We do not sell or share the personal information we collect from you through our Sites with third parties, except as described in this Policy or as otherwise disclosed on the Sites. For example, we may share personal information as follows:
- When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests, claims or legal authorities, including responding to lawful subpoenas, warrants, or court orders;
- when we believe in good faith that doing so is reasonably necessary or appropriate to respond to claims or to protect the rights, property, or safety of txtWave our users, our employees, our volunteers, copyright owners, third parties or the public, including without limitation to protect such parties from fraudulent, abusive, inappropriate, or unlawful activity or use of our Site;
- to enforce or apply this Policy, or our other policies or agreements;
Links to Other Websites
What Steps Do We Take To Protect Your Information Online?
We take reasonable measures to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission that can be guaranteed against any interception or other type of misuse. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to us or any information provided by our Sites, and you do so at your own risk. To the extent permitted by law, we will not be liable for disclosures of your Personal Information or Personal Information you enter into the Sites due to errors in transmission or unauthorized acts of third parties. However, once we receive your transmission, we do our best to ensure its security on our systems by making reasonable efforts to protect the information.
Unless otherwise required by law, we will also erase Personal Information when it is no longer necessary for the purposes for which we collected or otherwise processed the data.
What Choices Do You Have Regarding the Use of Your Information?
You may “opt out” of receiving email updates and newsletters by following the instructions in those text messages and emails.
Your Rights and Choices About Your Personal Information
Under applicable law and regulations, you may, at any time, exercise certain rights, as described below.
Notice to California Residents:
If you are a resident of California, the California Consumer Privacy Act (“CCPA”) provides you with specific rights regarding your Personal Information. The information contained in this “Notice to California Residents” subsection supplements the information contained in our Notice and applies solely to individuals who reside in the state of California (“consumers” or “you”).
Your Rights Under the CCPA:
You have the following rights under the CCPA. Instructions on how to exercise these rights are listed immediately below in the “How to Exercise Your CCPA Rights” subsection.
Information about Collection, Sales, or Disclosure:
- The right to be informed of the categories of Personal Information that we collect about you, the categories of sources from which the Personal Information was collected, the business or commercial purposes for which the Personal Information is used, disclosed, or sold, and the categories of third parties with whom we share the Personal Information. Our response to your request to know (either the categories of specific pieces of Personal Information) will only cover the twelve (12) month period preceding the request.
- Access to Specific Information: The right to request that we disclose the specific pieces of Personal Information we have collected about you over the past twelve (12) months.
- Deletion Request Rights: You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions.
- Personal Information Sales Opt-Out Rights: You have the right to opt-out of the sale of your Personal Information.
We do not discriminate against you for exercising any of your privacy rights under CCPA or applicable law, including discrimination in the form of: denying you goods or services; charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing you a different level of quality of goods or services; or suggesting that you will receive a different price or rate for goods or services or a different level of quality of goods or services.
How to Exercise Your CCPA Rights:
To exercise the rights described above, please submit a request to us by submitting a request to us at email@example.com.
Before we can process your request, we need to verify your identity. During the verification process, depending on the nature of your request (e.g., whether you are seeking to access specific pieces of Personal Information or requesting a deletion of Personal Information) we will verify your identity against known information in our environment, such as your name, home address, e-mail address, and telephone number. When we receive your request, we also may contact you via e-mail and/or other secured communication channels to verify your identity. In certain instances (e.g., where there is a mismatch against known information in our environment or where you are seeking information on behalf of another person without authorization), we may seek additional verification from you, which may be in the form of providing a copy of a valid, government-issued identification or notarized attestation.
If you have any questions about this Policy, please contact us at firstname.lastname@example.org