Effective Date: May 12, 2019

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

We may update this Privacy Policy (“Policy”) from time to time. We will post the updated Policy at this link and will provide notice on the Site when we make material changes to the Policy.

Quicktext, Inc. (dba txtsmarter) (collectively, “We”, “Our”, “Us”) has adopted the following Policy. 

txtsmarter is committed to protecting your privacy and we strive to honor the confidentiality of your Personal Information. We want you and our clients to have confidence in the use of our service and to know that any Personal Information we process is adequately protected.

The Policy governs Our use of personal information collected by or received from:

  • Our corporate websites www.txtsmarter.com and www.txtsmarter.eu (the “Sites”);
  • received from third-party sources, like lead generation tools, data providers or social media platforms (“Third-party Sources”);
  • tradeshows, conferences or conventions, and;
  • Our clients through their use of Our txtsmarter cloud service.

This Policy does not apply to the data We collect on behalf of Our clients, or to the individuals with whom Our clients communicate. Our clients enter into a separate agreement with Us that governs the collection, processing and storage of data We receive pursuant to that agreement.

With respect to Our client relationships, the client is the data controller. Therefore, this Policy does not apply to individuals with whom Our clients communicate. There, the client’s privacy policy and privacy practices govern the relationships. This Policy does not apply to any third-party services, third party websites or third-party platforms (such as social network platforms) that We do not control. We do not knowingly collect personally identifiable information from children under 17 years of age.

This Policy is organized into two sections: the first section applies to information We collect through the Site or from Third-party Sources, and the second section applies to the information We collect via txtsmarter cloud service. (defined in Section 2).

Section 1

Personal Information We Collect

We may collect Personal Information about you from various sources described below. Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Service if that information is necessary to provide you with it or if we are legally required to collect it.

Information Provided by You

We may ask you to provide certain Personal Information when we invite you to register for events, download white papers or literature, or obtain more information. This information may include your first and last name, email address, phone number and other contact information, job title, title level, title function, company affiliation name and regulations you are interested in.

We may also collect any other Personal Information that you choose to provide to us. For example, if you decide to contact us with a request, we will process the content of your message, the date and time of your message, our response and any other Personal Information you provide in that context. If you contact us to apply for a job with txtsmarter, we will process your job application, including your curriculum vitae and other Personal Information you submit to us in that context.

Information Collected via Automated Means

We may collect Personal Information about you via automated means, such as cookies and similar technologies, including HTTP cookies used for systems administration and traffic log cookies used to identify which pages are being used. A “cookie” is a text file placed on a computer’s hard drive by a web server. In this context, we may collect certain information about you, such as IP address, browser type, actions taken on the Site and traffic patterns. txtsmarter may monitor how a visitor arrives at our Site, but cannot and will not gather information about other sites you visit.

We use this information to provide you with the Service and tailor it to your needs, likes and dislikes by gathering and remembering information about your preferences. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Site.

Google Ads

We use Google AdSense Advertising on our Site. Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our Site and other Web sites on the Internet. Users may opt out of the use of the DART cookie by filling out this form. You may learn more about Google’s privacy practices in this context in the Google Ad and Content Network Privacy Notice https://policies.google.com/privacy?hl=en&gl=us.

Google’s advertising requirements can be summed up by Google’s Advertising Principles https://policies.google.com/privacy?hl=en&gl=us. They are put in place to provide a positive experience for users. For more information, visit https://support.google.com/adwordspolicy/answer/1316548?hl=en.

Use of Personal Information

txtsmarter may use your Personal Information for the following purposes:

  • To provide you or your organization with the Service, including by creating and managing your account, providing you with information at your request, and creating and publishing content relevant to you or your organization.
  • To communicate with you and respond to your inquiries.
  • To tailor our Service, content and communications to you in order to provide you with a better experience.
  • To send you marketing communications, which may be tailored to you, based on information such as your interests and preferences, and to advertise to you on other Web sites. For example, we may send you an email to alert you about product upgrades, special offers, updated information and other new products and services.
  • To call you on the telephone number you have provided to us with information regarding new products and services or upcoming events. If you do not wish to receive such telephone calls, please let us know by calling the telephone number below.
  • To make the Site easier for you to use by remembering the Personal Information you have already entered and speed the checkout process.
  • To operate, evaluate and improve our business and develop new products and services.
  • To analyze data about Site traffic and improve our Service in order to tailor it to clients’ needs. We only use this information for statistical analysis purposes.
  • To process your job applications with us.
  • To enforce legal rights and comply with the law.
  • To comply with an order from a government entity or other competent authority.
  • To prevent or address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage.
  • To protect our rights, prevent fraud and/or comply with judicial proceeding, court order, or legal process served on txtsmarter.
  • For other purposes for which we provide specific notice at the time of the collection of the information.

If you are located in the European Economic Area or Switzerland, we only process your Personal Information based on a valid legal ground, including when:

  • You have consented to the processing of your Personal Information. For example, we may seek to obtain your consent for our uses of cookies or similar technologies, or to send you marketing communications.    
  • We need your Personal Information to provide you with services and products requested by you, or to respond to your inquiries.
  • We have a legal obligation to process your Personal Information.
  • We or a third party, have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information to ensure and improve the safety, security, and performance of our Service.   

Disclosure of Personal Information

We do not share or otherwise disclose Personal Information we collect about you, except as described in this Privacy Notice or otherwise disclosed to you at the time of the collection. Under no circumstances will any Personal Information provided to txtsmarter be sold, submitted or rented to a third party otherwise as described in this Privacy Notice.

We may share the Personal Information we collect about you with:

  • Our headquarters and affiliates, including Quicktext, Inc. (dba txtsmarter) and txtsmarter Europe.
  • Our business partners.
  • Our service providers performing services on our behalf (e.g., Site hosting providers and other parties who assist us in operating our Site, conducting our business, or serving our users and clients).
  • Third parties, if we are required to do so by law or legal process, to enforce our site policies, or protect ours or others’ rights, property, or safety or in the event we sell or transfer all or a portion of our business or assets.

Your Rights and Choices

Marketing Communications

To opt out from receiving electronic marketing communications from txtsmarter, please:

  • Click on the unsubscribe link provided within each electronic communication, or
  • Reply to the email with the subject line “unsubscribe”.

Information Collected via Automated Means

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Site.

Please note that txtsmarter does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who use or visit our Services.

Other Rights and Choices

In some countries and in particular if you are located in the European Economic Area or Switzerland, you may have the right to:

  • Request access to and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or to object to the processing of your Personal Information, to have the information anonymized or deleted, as appropriate, or to exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
  • Withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal.

Those rights may be limited in some circumstances by local law requirements. You may exercise your rights by contacting us as specified below. We will respond to any complaints as soon as possible and within thirty (30) days, but we may first need to request additional information from you to confirm your identity.

International Data Transfers

We may transfer your Personal Information to countries other than the country where you are located, including to the United States where we are headquartered.

When we transfer Personal Information outside of the European Economic Area, we will comply with applicable EU data protection laws. We may transfer your Personal Information to countries which provide an adequate level of protection under EU law, or we may use contractual protections for the transfer of Personal Information, such as the European Commission’s Standard Contractual Clauses.  You may contact us as specified below to obtain a copy of the safeguards we use to transfer Personal Information outside of the European Economic Area.

Security and Data Retention

We are committed to ensuring that your Personal Information is adequately protected. In order to prevent unauthorized access to or disclosure of your Personal Information, we have implemented appropriate administrative, physical and technical controls to safeguard our systems, applications and information, as well as robust standard operating procedures in the event of a security incident. We also maintain procedural safeguards to further restrict access to your Personal Information to employees who need it to perform their tasks (or people working on our behalf and under confidentiality agreements).

We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.

Links to Other Sites

This Privacy Notice covers the privacy practices of txtsmarter and it does not cover the privacy practices of third parties on their Web sites and other features. Txtsmarter is not responsible for the privacy notices and/or practices of third-parties.

Txtsmarter’s Site may provide links that can take you to other Web sites, which may include partner Web sites. You should review the privacy and other policies that govern the Web sites you visit, since those Web sites are not bound by Txtsmarter’s Privacy Notice, and Txtsmarter has no control over the content of those Web sites, nor the usage of information they gather.

Modifications to This Privacy Notice

Txtsmarter may, in its discretion, alter or add to this Privacy Notice. You should check Txtsmarter’s Site periodically to determine if there has been a change. If we make material changes to this Privacy Notice, we will notify you here, by email, or by means of a notice on our home page and request your consent and acknowledge when necessary.

Section 2

txtsmarter cloud

Our Clients engage txtsmarter to store digital communications on their behalf. The txtsmarter cloud (“txtsmarter”) is the service Our clients use to archive their digital communications. Client Information and Archival Information (defined below) are governed by the services agreement between txtsmarter and the applicable Client. txtsmarter collects the following information:

Archival Information 

We collect communications information for archival purposes on behalf of, and as directed by, Our Clients. This information may include emails, texts, websites, social media messages or posts, and other forms of data or electronic communications (“Archival Information”). Archival Information includes data about Our Clients and the third parties they correspond with. We do not control or monitor the information Our Clients collect and store through Our services, or their privacy practices or policies. It is Our Client’s obligation to obtain all necessary consents and to comply with all applicable laws with respect to the Client’s communications and use of Our services. Our Client’s privacy policies or practices apply to Archival Information, the purposes for which the Client collects Archival Information, how the Client may use Archival Information, and what choices the individual may have with respect to Archival Information. Individuals must contact the applicable Client to correct, amend, or delete their information, or to opt out of any collection, use or disclosure of their information by Our Client.

Client Information 

We also collect information about individuals within Our Client’s organization (“Client Information”). Client Information may include information related to the Client’s account, name, work e-mail address, work phone number, job title or similar kinds of information. We use Client Information to support the Client account, maintain Our business relationship with the Client, respond to Client inquiries, or perform accounting functions. Clients may update personal information and passwords by logging into the Archive and updating their account. Clients may contact txtsmarter support to delete their personal data. In some cases, We may be unable to delete Client Information, and in such cases, We will disclose the reasons why to you in writing.

Automatically Collected Information 

We collect information automatically in the Archive about how Our Clients use Our services (“Automatically Collected Information”). We do this via data collection technologies such as cookies, web beacons, gifs or other tracking technologies. We collect this information to monitor, support and improve Our services or to provide Clients with certain customized features. We may use Automatically Collected Information to tell Us how Our Clients use Our services, to improve Our services or develop new products, services or features. We may combine this information with other information We collect. We treat Archival Information and Client Information as confidential and proprietary information of Our Clients, subject to the terms of the service agreement between Us and the Client. We do not share Archival Information, Client Information or Automatically Collected Information with third parties unless directed to do so by Our Client, as may be necessary to provide services to the client, to Our advisors, channel partners, affiliates, representatives, agents, service providers, in connection with a business transaction (such as a merger or sale), or in response to a court order, subpoena, warrant or to comply with a legal requirement or to cooperate with an investigation. We may disclose Automatically Collected Information or Client Information for the aforementioned reasons, or to protect Our rights or the rights of Our affiliates, clients, channel partners or service providers. We will retain Archival Information, Automatically Collected Information or Client Information as necessary to comply with Our legal obligations, resolve disputes, or enforce Our agreements.

Data Retention 

We will retain data We process on behalf of Our Clients for as long as needed to provide services to Our Client, or for the retention period requested by a particular Client.

txtsmarter

legal@txtsmarter.com