And Your California Privacy Rights
Last Updated on September 23, 2015
1. Privacy Rights
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 email@example.com.
3. Information, Collected, Used and Shared by TextMe, Inc.
“User Data” 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.
“Usage Data” 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 TextMe’s 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 computer’s 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 TextMe’s products or services.
Some of Our advertisers may display ads on TextMe’s 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.
“Open Data” 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 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, TextMe’s 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;
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 TextMe’s 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 TextMe’s 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 “group” and your prior express consent may be obtained through and conveyed by an intermediary, such as the organizer of a group using TextMe’s service or application(s). To the extent that administrative texts are sent by TextMe to any group members relating to using and canceling TextMe’s group texting service, they are to be considered normal business communications under applicable law. SEE TEXTME’S TERMS AND CONDITIONS TO WHICH YOU ARE BOUND IF YOU USE, SUBSCRIBE TO, OR PURCHASE TEXTME’S 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
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 “Limit Ad Tracking” 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 “DO NOT TRACK ME” 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 firstname.lastname@example.org.
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.
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.