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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:
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.
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).
We comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. We have certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view Our certification, please visit https://www.privacyshield.gov/.
With respect to individuals located in the EU, We have responsibility for the processing of personal information we receive under Privacy Shield and subsequently transfer to a third-party acting as an agent on Our behalf. We remain responsible under the EU-U.S. Privacy Shield Framework if Our agent processes personal information in a manner inconsistent with the EU-U.S. Privacy Shield Framework, consistent with any exclusions of liability thereunder.
In compliance with the Privacy Shield Principles, We commit to resolve complaints about Our collection or use of personal information. European Union individuals with inquiries or complaints regarding Our Privacy Shield policy should first contact txtsmarter at: firstname.lastname@example.org We will respond to your questions or complaints within 30 days. Following receipt of a complaint, if necessary, We will investigate the issue and provide you with information regarding the investigation and resolution of the complaint.
We have further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from Us, or if We have not resolved your complaint, please contact or visit JAMS for more information or to file a complaint at https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim. JAMS’ services are provided at no cost to you.
We commit to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel regarding human resources data transferred from the EU in the context of the txtsmarter employment relationship.
Under certain conditions, an individual may invoke binding
arbitration for complaints regarding Privacy Shield compliance not resolved by
any of the other Privacy Shield mechanisms. For additional information see:
The Federal Trade Commission has jurisdiction over Our compliance with Privacy Shield.
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’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.
txtsmarter may use your Personal Information for the following purposes:
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:
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:
Your Rights and Choices
To opt out from receiving electronic marketing communications from txtsmarter, please:
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:
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.
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.
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.
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:
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.
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.
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.