TextMe, Incorporated Privacy Policy

Last Updated on May 19, 2020

IMPORTANT: BY USING THIS APPLICATION AND/OR OUR PRODUCTS AND SERVICES, INCLUDING THOSE OF OUR AFFILIATES AND SUBSIDIARIES (collectively “TextMe”), YOU SIGNIFY YOUR AGREEMENT TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THIS APPLICATION OR OUR PRODUCTS AND SERVICES, INCLUDING OUR WEBSITE AND WEB APPLICATIONS. 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

FOR CALIFORNIA RESIDENTS ONLY CCPA NOTICE

1. Privacy Rights

TextMe, Incorporated (“Us” or “We” or “Our”) is committed to respecting the privacy rights of its users, customers, visitors, and users of its mobile applications and website, as well as its related services (thereafter “Products and 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 Products and Services. 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: contactprivacy@go-text.me

PLEASE SEE TEXTME’S TERMS AND CONDITIONS TO WHICH YOU ARE BOUND IF YOU USE, SUBSCRIBE TO, OR PURCHASE TEXTME’S PRODUCTS OR SERVICES: Terms & Conditions

2. Not Intended For Use By Children

Our Products and Services are not directed at children who are under thirteen (13) years of age and We do not knowingly collect personal or other information from children. If you are younger than thirteen (13) years of age, you should not use Our Products and Services 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 Products and 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 contactprivacy@go-text.me.

3. Information, Collected, Used and Shared by TextMe, Incorporated

To provide you with Our Products and Services, we must collect and process information about you. When using Our Products and Services, you consent to the collection, storage, processing, sharing, transfer, manipulation, and disclosure of this 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.

TextMe retains your information in accordance with legitimate business purposes for processing the information. Thereafter the data is removed, archived for restricted legitimate interests, or anonymized. Non-identifying information may be kept without time and use limitations.

Notice of Collection

What information is collected and how?

Why do we collect this information?

4. Sale and Disclosure of Information for Business Purposes

TextMe does not disclose your Customer Information to third parties except in the limited circumstances herein.

In order to provide you with the Products and Services, we may establish business relationships with third-party companies. We verify that these third-party companies utilize privacy and security practices consistent with Ours.

We disclose information to Our advertising providers, in order to provide you with advertisements, including interest-based advertisements. Advertisements allow us to provide the Products and Services to you at a reduced cost to you. We may disclose identifying information, commercial information, internet or network activity information, and geolocation to advertising providers. Certain advertising providers may also use their own technology (e.g. cookies) to collect information about your use of our Services so that they can provide advertising about products and services tailored to your interests on our website, or on other websites. You can find a list of the advertising companies we partner with here: TextMe Partners

We disclose information to Our data analytics providers, in order to receive analytical services, which are used to provide, improve upon, and track performance of the Products and Services. We may disclose identifying information, commercial information, internet or network activity information, and geolocation to data analytics providers.

We disclose information to Our marketing providers, in order to communicate with you about our Products and Services. We may disclose identifying information, commercial information, internet or network activity information, and geolocation to marketing providers.

We disclose information to law enforcement agencies in order to respond to law enforcement requests or when legally required to do so. We may disclose identifying information, commercial information, internet or network activity information, and geolocation to law enforcement agencies.

We use third parties to provide hosting and data storage services.

TextMe may disclose or use some of your 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 Products and Services. To the extent that TextMe sends administrative texts 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.

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.

We may use third parties to provide hosting, data storage, and direct marketing services. We may lease, rent, sell or share this information with any third parties to the extent legally possible.

TextMe may provide links and/or connections to third-party applications, websites or services from within Our Products and Services. We may not have access to, or control over, information collected by these third parties. 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.

5. 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 using TextMe’s Products and Services.

TextMe does not honor “Do Not Track” header requests.

To learn more about interest-based advertising, or to opt-out, you can visit the site for the Network Advertising Initiative, or the Digital Advertising Alliance, or the Interactive Digital Advertising.

6. Cookies and Web Beacons

We may use cookies (a small text file placed on your device to identify your device and browser when you use our Products & Services). We may also use Web beacons (an electronic file placed on a website that monitors usage). Most Internet browsers automatically accept cookies, but you can instruct your browser to stop accepting cookies (disable cookies). If you do, some of Our Products and Services may not function properly or may be diminished. Promotions or advertisements viewed through Our Products and Services may contain cookies.

7. Modifying or Removal of Your Customer Information

If you have subscribed to or purchased Our Products and Services and you wish to remove or modify your information, 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 your information 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 contactprivacy@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. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

9. Changes to TextMe’s 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.

10. For users located in California

Please see the CCPA Supplement CCPA NOTICE

11. For users located in the EEA, UK, and Switzerland

This section only applies to users located in the European Economic Area, United Kingdom, and Switzerland.

You must be at least 16 years of age to use Our Products and Services.

We will request your consent for the processing of personal data for the purpose of providing interest-based advertisements. You can withdraw your consent at anytime by visiting the Settings page in Our Products and Services.

We may also process data as necessary to provide the Products and Services, to comply with legal obligations imposed upon Us, to protect the vital interests of TextMe users, to carry out tasks in the public interest, and other legitimate interests.

Under the General Data Protection Regulation, you have the right to request access, erasure, restriction and portability of your personal data collected by Us.

Your data may be stored in the European Union or the United States. Personal information collected from you, including via the Products and Services, may be transferred to recipients in countries located outside the EEA and the United States which do not provide a similar or adequate level of protection to that provided by countries in the EEA. You hereby expressly consent to the transfer of your personal information to recipients, as described in this Privacy Policy, which are located outside the EEA. We have entered into EU standard contractual clauses (“Model Contracts”) for intra-group transfers of personal information to affiliates.

You can reach our Privacy Officer at contactprivacy@go-text.me.

We can be contacted concerning this Privacy Policy by email at contactprivacy@go-text.me.

Privacy Policy Supplement Applicable to Residents of California and to which the California Consumer Privacy Act Currently Applies (“CCPA Supplement”)

Effective Date: January 1, 2020

CCPA Supplement Scope

The California Consumer Privacy Act (CCPA) was recently enacted into law and provides California residents with certain rights. This CCPA Supplement details those rights and provides California residents to which the CCPA presently applies with information related to the CCPA and supplements Our Privacy Policy available here Privacy Policy . In the event of any inconsistencies between the provision detailed in this CCPA Supplement and Our Privacy Policy, the provisions of this CCPA Supplement shall prevail and supersede any inconsistencies with Our Privacy Policy as applied to you provided that you are: (i) a resident of California; and (ii) the CCPA is presently applicable to you. Capitalized terms not defined herein shall have the meaning provided for in Our Privacy Policy or Terms & Conditions.

For parties to whom this CCPA Supplement applies and have disabilities that require receipt of this notice in an alternative accessible format, please contact Us at contactprivacy@go-text.me for information as to how to obtain this CCPA Supplement in an alternative format.

Our Products and Services are Not Intended for Children under the Age of 16 Years Old

Our Products and Services are not targeted at children under the age of 16 years old. By using Our Products and Services, you represent and warrant that you are at least 16 years old. If We become aware that a customer is under the age of 16 and has provided Us with personal information, We will remove such child’s personal information. A parent or legal guardian who needs to access, change or delete “personal information,” as defined below, regarding their child should contact contactprivacy@go-text.me.

Definition of “Personal Information”

As used in this CCPA Supplement, the term “personal information” means information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”).

“Personal information” does not include:

Our Products and Services May Collect the Following Categories of Personal Information from Consumers in the Past Twelve Months

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. YES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES

How We Use Personal Information that We Collect

We may use or disclose the personal information we collect for one or more of the following purposes:

We will not collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes without providing you notice.

How We Share Personal Information

We may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights ). When We disclose personal information for a business purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

We share your personal information with the following categories of third parties:

We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy. We do not sell the personal information of minors under 16 years of age without affirmative authorization.

Disclosure of Personal Information for a Business Purpose

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category G: Geolocation data.

Category K: Inferences drawn from other personal information.

Sales of Personal Information

In the preceding twelve (12) months, We have sold the following categories of personal information:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category G: Geolocation data.

Category K: Inferences drawn from other personal information.

Your Rights Under the CCPA

If you are a California resident and the CCPA is presently applicable to you, the CCPA provides you with certain specific rights regarding your personal information. This section describes your rights under the CCPA and explains how you can exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that We disclose certain information to you about Our collection and use of your personal information over the past 12 months. Once We receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), We will disclose to you:

We do not provide these access and data portability rights for business-to-business personal information.

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. Once We receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), We will delete (and direct Our service providers to delete) your personal information from Our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for Us or Our service provider(s) to:

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to Us by Submitting a request to Us by visiting the Privacy Center in the Me page of the App (please update to the latest App version).

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may use an authorized agent to submit a request. To designate an agent for these purposes:

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with Us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with Us, we will deliver Our written response to that account. If you do not have an account with Us, we will deliver Our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct Us to not sell your personal information at any time (the “right to opt-out”). Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to Us by visiting the Me page of the App.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting the settings page of our mobile applications.

You do not need to create an account with Us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We currently provide the following financial incentives:

Ad-Sponsored Incentive:

We provide you with personalized advertising, through our relationships with advertising companies, as a financial incentive for Us to provide you with our Products and Services at no cost, or at a lower cost than if we did not provide you with personalized advertising. Advertisements allow us to provide the Products and Services to you at a reduced cost to you.

We disclose information to Our advertising providers, in order to provide you with advertisements, including interest-based or personalized advertisements. We may disclose identifying information, commercial information, internet or network activity information, and geolocation to advertising providers.

You can find a list of the advertising companies we partner with here: contactprivacy@go-text.me

You may opt out of this financial incentive by purchasing a advertising-free access to Our Products and Services. If you have purchased advertising-free access this information is not shared to Our advertising providers.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of Our Products and Services that are California residents to request certain information regarding Our disclosure of personal information to third parties for their direct marketing purposes. We do not currently share personal information with third parties for their direct marketing purposes.

Changes to Our Privacy Notice

We reserve the right to amend this privacy Notice at Our discretion and at any time. When we make changes to this privacy Notice, we will post the updated Notice on the websites associated with Our Products and Services and update the Notice’s effective date. Your continued use of Our Products and Services following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this Notice, the ways in which We collect and use your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact Us at: contactprivacy@go-text.me