TextMe, Inc. Privacy Policy
And Your California Privacy Rights
Last Updated on September
23, 2015
IMPORTANT: BY
USING THIS WEBSITE AND/OR OUR PRODUCTS AND SERVICES, INCLUDING THOSE OF OUR
AFFILIATES AND SUBSIDIARIES (collectively ÒTextMeÓ), YOU
SIGNIFY YOUR AGREEMENT TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE
TO THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE OR OUR PRODUCTS AND
SERVICES, INCLUDING OUR MOBILE APPLICATION(S). THIS PRIVACY POLICY IS PART OF OUR TERMS
AND CONDITIONS WHICH CAN BE ACCESSED ON OUR WEBSITE AND ARE INCORPORATED HEREIN
BY REFERENCE, which can be
viewed at: Terms & Conditions
____________________________________________________________________________
1. Privacy Rights
TextMe, Inc. (ÒUsÓ or
ÒWeÓ or ÒOurÓ) is committed to respecting the privacy rights of its customers,
visitors and other users of its mobile applications and website, as well as its
related services. We created this Privacy Policy to inform you and provide
necessary disclosures regarding our collection, use and sharing of information
when you use Our services and products. We collect, use and share some of
your information, as described below, to provide Our products and services and
to measure and improve them over time. If you have any questions about
this Privacy Policy, please contact Us at: contact@go-text.me.
2. Not Intended For
Use By Children
Our website, services
and products are not directed at children who are under thirteen (13) years of
age and We do not knowingly collect personal or other information from such
children. If you are younger than thirteen (13) years of age, you should
not use Our services or products and if you are between the ages of thirteen
and eighteen you must have parental consent and you should not provide any
personal identifiable information while using Our website, products or services
without said parental consent. If you become aware that your child has
provided us with personal information without your consent, please contact Us
at contact@go-text.me.
3. Information,
Collected, Used and Shared by TextMe, Inc.
TextMe receives,
collects, stores and shares some of your personal information when you access,
download and otherwise use Our products, services and website. The
information collected, stored and shared can include User Data, Usage Data and
Open Data (collectively, ÒCustomer InformationÓ). When using any of Our
services or products or Our website, you consent to the collection, transfer,
manipulation, storage, disclosure (as described below) and other uses of your
information as described in this Privacy Policy. Regardless of what
country you reside in or provide information to Us from, you authorize TextMe
to use your information as described herein in the United States and all other
countries where TextMe operates or is available.
ÒUser DataÓ is
non-public personal information about you. This may include, but is not
limited to, your name, email, home and business addresses, billing information,
passwords, and phone numbers. When you subscribe to Our services or
download Our application(s), you provide some of this information. You
may also provide Us with profile information to make public, such as your
location, your website, a picture or other similar information to customize
your account, such as a cell phone number. This additional information
may be both public and non-public personal information.
ÒUsage DataÓ is non-personally
identifiable information about your usage of Our products and services either
via your use of Our application(s), Our website, or any medium used to access
Our services. Usage Data includes, but is not limited to: click
patterns data, IP addresses, device identifier, domain servers, referring/exit
pages, operating system information, date/time stamp, messages sent and
received using TextMeÕs services, and information about those messages, type of
device, location information, any demographics information, any kind of
web-browser-generated information, including cookies, and telecommunications
carrier information.
A cookie is a small data
file that is transferred to your computerÕs hard disk. TextMe may use
both session cookies and persistent cookies to track and understand how you use
Our products and services. Most Internet browsers automatically accept
cookies, but you can instruct your browser to stop accepting cookies (disable
cookies). If you do, some of Our services or the services of others may
not function properly or may be diminished. Promotions or advertisements
viewed through Our website, services or products may contain cookies. We
do not have access to, or control over, information that may be collected by
outside advertisers.
A device identifier is
any kind of unique number, including, but not limited to, unique device
identifiers attributed by any supplier, provider of service or OEM to any
device used to access TextMeÕs products or services.
Some of Our advertisers
may display ads on TextMeÕs products or services that directly solicit
information, or contain technology to collect information about Our users.
This information is collected and used by Our advertisers, and is outside
of Our control. If you have any questions about a particular advertisement,
you should contact the responsible advertiser directly.
ÒOpen DataÓ is data is
Usage Data which may be made available to third parties. Use and
subscription to Our services and/or products constitutes an agreement between
TextMe and you that We may rent, sell or share this
information on an ongoing basis.
4.
Information-Sharing and Disclosure Rules
TextMe does not disclose
your Customer Information to third parties except in the limited circumstances
herein. For example, We may share or disclose your information at your
direction, such as when you authorize a third-party web client or application
to access your account or application. We may also use some of your
contact data to send you information about Our new products or services or to
contact you when necessary, including if there has been a data breach.
Certain financial information may be used to process payments and/or bill
you for products or services. We also use certain Customer Information
for implementing evolutions of Our services and products, including, but not
limited to, improving and providing Our products and services, notifying you of
any changes in Our products, services, terms of use or privacy policy,
delivering advertisements and related links, and for sending, sharing and
storing your Open Data.
TextMe does not make
available by way of lease, rental, sale, or sharing any Customer Information
except in the following circumstances:
I.
TextMe may
lease, rent, sell or share Open Data with any third parties it so chooses to
the extent legally possible;
II.
TextMe may
license, lease, rent and sell device identifiers (defined above) with any third
parties it so chooses to the extent legally possible. In particular,
TextMeÕs services and products may share your UDID (Unique Device Identifier)
with third parties for the delivery of advertisement or any related advertising
service or product;
III.
TextMe may
engage contractors to perform limited functions on Our behalf in the United
States and abroad, such as sending commercial messages in the form of
newsletters, physical and electronic mail, SMS or MMS, and conducting analytics
on information you provided to Us. In order to provide such services,
they generally require access to certain Customer Information. We require
that these third-party contractors agree to treat such information in
compliance with this Privacy Policy and use it for the same purposes as stated
in this Privacy Policy;
IV.
TextMe may
share with third parties certain aggregated information, which cannot be used
to identify you individually;
V.
TextMe may
share Customer Information to respond to law enforcement requests or when
legally required to do so;
VI.
TextMe may
share Customer Information to verify or enforce compliance with user agreements
and applicable laws, to protect against fraud, to detect and prevent security
or technical issues, to protect against misuse or unauthorized use of the
TextMeÕs products, services, computing systems, or website, or to protect
against imminent harm to the rights, property or safety of TextMe, its
subscribers, or the public as required or permitted by law;
VII.
In the event
of a sale, merger, liquidation, dissolution, reorganization, assignment,
bankruptcy or any transfer of assets, IP rights, or any marketable right owned
by TextMe, your information may be sold or transferred as part of that
transaction;
VIII.
TextMe may
share your Customer Information with a third party if you have consented to
receive information from that third party through TextMeÕs products or
services. Such third parties will handle, store, retain and access such
user information in accordance with the terms and conditions of their
agreements with you, if any, as well as their own privacy policies. You
acknowledge that TextMe shall have no liability for sharing of such information
to such third parties and TextMe disclaims any and all liability relating
thereto as set forth in its Terms and Conditions, which are expressly incorporated
herein;
IX.
TextMe may
disclose or use some of your Customer Information if you join a ÒgroupÓ and
your prior express consent may be obtained through and conveyed by an
intermediary, such as the organizer of a group using TextMeÕs service or
application(s). To the extent that administrative texts are sent by TextMe to
any group members relating to using and canceling TextMeÕs group texting
service, they are to be considered normal business communications under
applicable law. SEE TEXTMEÕS TERMS AND CONDITIONS TO WHICH YOU ARE BOUND IF YOU
USE, SUBSCRIBE TO, OR PURCHASE TEXTMEÕS PRODUCTS OR SERVICES.
5. Third-Party Sites
TextMe may provide links
and/or connections to third-party websites or services from within Our products or services. TextMe is not responsible
for the privacy practices or content of these third-party sites. You
fully acknowledge this is your responsibility to review and assess the privacy
practices of these third-party sites and that TextMe shall not be liable to you
for your usage of those third-party services and disclaims all liability as set
forth in its Terms and Conditions.
6. Modifying or
Removal of Your Customer Information
If you have subscribed
to or purchased Our services and products and you wish to remove or modify
certain personal Customer Information from Our database, or would like to
access the Customer Information that was collected from you, you can contact Us
using the contact information provided below, although you should be aware that
(a) there will be a technical delay between your request and the effective
removal of your User Data from Our database, (b) we may have to retain Customer
Information for legal purposes as the case may be; and (c) certain of Our
products and services require the use of Usage Data and Open Data and such data
is retained by Us and used as described in this Privacy Policy. You can
delete your account and uninstall the TextMe application from your device. If you need assistance please contact Us
at contact@go-text.me.
7. Advertisement
Targeting Limitation and Do Not Track
You can choose to limit
the targeting of the various advertisements displayed in TextMe by turning on
the feature called ÒLimit Ad TrackingÓ which can be located in the settings of
your iOS Device or by changing the setting called "Opt out of interest-based
ads" settings in Google Settings of your Android Device. By doing
so, the Operating System of your device will not transmit your advertising
identifier to the TextMe application.
Please note that by
limiting the advertising targeting in this manner, you may still see the same
number of ads as before, but they may be less relevant because they will
not be based on your interests. By invoking this limiting feature, you
will also limit your capability of earning TextMe Credits.
TEXTME DOES NOT HONOR
ÒDO NOT TRACK MEÓ REQUESTS ALTHOUGH INDIVIDUAL BROWSERS MAY EMPLOY SUCH
POLICIES AND USERS CAN, THEREFORE, INVOKE DO-NOT-TRACK MEASURES. TextMe
does abide by the privacy policies as required by its partners. Please
contact us if you have further questions contact@go-text.me.
8. Security of
Customer Information
TextMe seeks to adopt
commercially reasonable security measures consistent with the industry
regarding the protection against the loss, misuse or alternation of non-public
information that is under Our control.
Unfortunately, no security system, or system of transmitting data over
the Internet can be guaranteed to be 100% secure. As such, you provide
all such information at your own risk.
9. Changes to
TextMeÕs Privacy Policy
TextMe reserves the
right, at Our discretion, to change, update or modify this Privacy Policy at
any time by posting such change, update or modification on the TextMe website.
Any such change, update
or modification will be effective immediately upon notice, which TextMe may
provide by any means, including, without limitation, posting on the TextMe
website, notifications within TextMe applications, or electronic mail.
Your continued use of
the TextMe website and/or any TextMe products and services following the
posting of changes will mean you accept those changes. Use of information
that We gather is subject to the Privacy Policy in
effect at the time of use.
We can be contacted
concerning this Privacy Policy by email at contact@go-text.me.