Privacy Policy
MOBILE TEXT ALERTS PRIVACY POLICY
Effective Date: 9/2/2020
PLEASE READ THE FOLLOWING PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING, USING, OR ACCESSING ANY PART OF THE MOBILE TEXT ALERTS WEBSITE, SOCIAL MEDIA OR SERVICES, OR THE MOBILE TEXT ALERTS MOBILE APPLICATION. THE PRIVACY POLICY INCLUDES A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO ANY TERM IN THESE PRIVACY POLICY, DO NOT USE OUR WEBSITE OR APPLICATION, SET UP AND ACCOUNT, OR USER OUR SERVICES.
The following Privacy Policy tells You about the information that is collected through www.mobile-text-alerts.com, any affiliated sub-domains, and any affiliated websites on which this Privacy Policy is posted or linked, including, but not limited to, any social media accounts maintained by Mobile Text Alerts, and their related services (collectively, the "Website") and the Mobile Text Alerts Mobile Applicationand its services (the "Application") (collectively, the Website, the Application and all services provided by Mobile Text Alerts through the Website and the Application are the "Services"), and how Mobile Text Alerts may use or disclose that collected information. The Website, Application and Services are owned and operated by Vimbly MTA LLC dba Mobile Text Alerts ("Mobile Text Alerts," or "Us," or "We").
By visiting the Website, creating an Account, using the Website or Services, downloading or using the Application, purchasing any products or services through the Services, submitting any information through the Website, Application or Services, and in consideration for the Services Mobile Text Alerts provides to You (the terms “User” or "You" or "Your" includes the person or entity that is accessing the Services as well as anyone else accessing or using the Services on Your behalf), YOU ARE EXPRESSLY AGREEING TO BE BOUND BY THIS PRIVACY POLICY WITHOUT LIMITATION, including, but not limited to, provisions regarding no modification of the terms, conditions, and notices, including, but not limited to, the ARBITRATION AND CLASS ACTION WAIVER (the "Privacy Policy").
Your use of the Website, Application and Services is also governed by the Mobile Text Alerts Terms of Service. Terms of Service and, if You sign up for a Mobile Text Alerts Account, Your use of the Services is also governed by the Mobile Text Alerts Services Agreement. Services Agreement
I. Overview
Mobile Text Alerts provides its users a tool to organize contact lists and to send short message service (SMS) messages to the users' contacts through one or more third-party providers (“Text(s)”). The Mobile Text Alerts Website provides more information about Mobile Text Alerts' Services.
If You use a Mobile Text Alerts Website to send Text(s) to Your contacts, USERS ARE SOLELY RESPONSIBLE FOR, AMONG OTHER THINGS, (a) Obtaining the requisite prior express consent or prior express written consent, whichever is required, from the person to whom a Text(s) is sent; (b) Sending the Text(s); (c) The content of the Text(s); (d) To whom the Text(s) are sent; (e) When the Text(s) are sent; and (f) Honoring opt-out(s) from receiving further Text(s).
To unsubscribe or stop receiving messages from a Mobile Text Alerts User, reply to any message from that User with the word "unsubscribe" or "stop" or text the word "unsubscribe" or "stop" to 619-458-3743. You may also call us at 531-739-8280
Standard message and data rates may apply to any sent or received Text(s) or telephone calls.
II. ELIGIBILITY FOR SERVICES, INFORMATION SUBMISSION; COMMUNICATIONS
Refusal of Service. Mobile Text Alerts reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate this Privacy Policy, violate any party's intellectual property rights, abuse other users of the Services, misuse the Services, or otherwise engage in inappropriate conduct, as determined by Mobile Text Alerts in its sole discretion.
Information Submission and Age Restriction. Individuals under the age of 18 are not eligible to use our Website, Application or Services. By using, visiting, or browsing our Website, using our Application or Services, or submitting any information, including any User Content as defined below, through the Website, Application or Services, You represent and warrant that You are 18 years of age or older, and, if under the age of majority in Your state, You are either an emancipated minor, or have obtained the legal consent of Your parent or legal guardian to agree to this Privacy Policy and to use our Website, Application and Services.
Mobile Text Alerts does not intend to use the Website, Application or Services to collect any information from children under age 18. Pursuant to 47 U.S.C. § 230(d), You are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. For information on providers of such services, contact Your information technology professional.
We are committed to protecting the privacy of children. The Website, Application and Services were not designed or intended to attract individuals under the age of 18, and We do not knowingly collect personal information online from visitors under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with personal information, please contact Us so that We may take steps to remove that information from our servers. If We become aware that We have collected information from children without verification of parental consent, We will take steps to remove that information from our servers.
Electronic Communications. By accepting this Privacy Policy and using our Website, Application or Services, You consent to receive electronically all communications or notices sent by Mobile Text Alerts with regard to the Services or this Privacy Policy to any mobile phone number or email address You provide to Mobile Text Alerts.
It is Your responsibility for keeping Mobile Text Alerts apprise of Your contact information so that it can effectively and timely communicate with You. In order to receive electronic communications, You must have a working mobile number and connection to the internet and meet any specifications required by Your wireless carrier and email service provider. Mobile Text Alerts may send communications in a non-electronic format in Mobile Text Alerts' sole discretion.
III. MODIFICATIONS TO PRIVACY POLICY Mobile Text Alerts reserves the right to change or modify any of the terms or conditions contained in this Privacy Policy or any policy governing the use of the Services, at any time, by posting the new Privacy Policy on the Website or Application. The most current version of the Privacy Policy will be located on, or available through, the Website and Application. The effective date of the Privacy Policy is set forth at the top of the Privacy Policy. You understand and agree that Your access to or use of the Website, Application and Services is governed by the then-current Privacy Policy. We may in our sole discretion elect to alert You to a change in the Terms of Service, Privacy Policy or Services Agreement using a pop-up window. We do not plan to notify You of any such changes by email or other personal contact, but We reserve the right to do so. You should revisit the Privacy Policy on a regular basis as revised versions will be binding upon You. Any such modification will be effective upon our posting of such new Privacy Policy. You understand and agree that Your continued access to or use of the Website, Application or Services after the effective date of modifications to the Privacy Policy indicates Your acceptance of the modifications. IV. INFORMATION COLLECTION Communication Content. Mobile Text Alerts may store, access, and/or monitor the content of all communications initiated through the use of the Services, including the content of any text messages or telephone calls sent by Mobile Text Alerts users through the Services and any replies back from the users' contacts to that same telephone number or shortcode. Mobile Text Alerts may be notified when You open a communication sent by a Mobile Text Alerts User. Do not submit sensitive personal information through the Services. Collection of Submitted Information. Mobile Text Alerts may collect and store any information or content You submit or upload through the Services, whether through You submission of a text message or online form to opt into to a message list, uploading of contact information or contact lists, submission of information through a form, purchase of a subscription or product, or otherwise. This information may include, but is not limited to, Your name, telephone number, address, email address, payment information, or any other information or content submitted by You or any User through the Services. Collection from Third-Parties. Mobile Text Alerts may collect information about You from third-parties, including from any account through which You log into, or otherwise interact with, Mobile Text Alerts (e.g., Facebook or Google). If applicable, Mobile Text Alerts may have access to certain information from Your linked Google or Facebook account, including Your public profile information, Your email address, or other information possessed by those third-parties. Mobile Text Alerts may aggregate any information about You collected from any source. Mobile Text Alerts may use Google Analytics, a remarketing technology, to allow Mobile Text Alerts to reach out to You after You have left a Website by storing a cookie in Your browser. If You do not wish for Mobile Text Alerts to utilize this technology or You have any other questions about Mobile Text Alerts’s Cookie Policy, please contact Mobile Text Alerts at privacy@mobile-text-alerts.com. Google utilizes the data collected to track and examine the use of a Website, to prepare reports on its activities and share them with other Google services. Google may use the data collected to contextualize and personalize the ads of its own advertising network. In connection with using Google Analytics We have implemented the following: (a) Google Display Network Impression Reporting; (b) Demographics and Interests Reporting. Users can set preferences for how Google advertises to You using the Google Ad Settings page. Alternatively, You can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on. Passive Information Collection. Mobile Text Alerts may also collect, either directly or through the use of one or more services or analytics providers, passive information about Your device, visit, or use of the Services, including, but not limited to, the date and time of Your visit, the length of Your visit, the specific webpages You visited, Your IP address, Your geographic location, the type of web browser and operating system used, the address of any website that directed You to the Services, and information about Your mobile device used to access the Services (including phone number, operating system details, and any applicable unique identifiers for You or Your device, including Your devices' Unique Device Identifier (UDID), any Apple or iOS identifiers (e.g., IDFA or an Advertising Identifier), any Google or Android identifiers (e.g., Android or Google Advertising ID), any Windows identifiers (e.g., Windows Advertising ID), or any other similar identifiers which identify You or Your device). Mobile Text Alerts may collect and aggregate usage information related to Your use of the Services. Applications. By purchasing and/or downloading an Application (if one is available), You are disclosing certain personal and payment information to the applicable company (e.g., Apple or Google). That company may disclose some or all of Your collected information to Mobile Text Alerts. Cookies and Related Technologies. We, or other third-parties assisting Us, may use cookies, web beacons, local shared objects (sometimes called "flash cookies"), or other similar technology in connection with Your use of the Services (collectively, "Cookies"). Cookies are small data files that may have unique identifiers, and reside, among other places, on Your computer or mobile device, in emails We send to You, and on our web pages. Cookies may transmit information about You and Your use of the Services, such as Your browser type, search preferences, data relating to advertisements that have been displayed to You or that You have clicked on, and the date and time of Your use. Cookies may track activities over time and across websites. You can disable some (but not all) Cookies in Your device or browser settings, but doing so may affect Your ability to use the services provided through the Services. Mobile Text Alerts Website uses cookies to help Us identify and track visitors, their usage of a Website, and their Website access preferences, and Mobile Text Alerts either directly or through a third party collects Your IP address, device ID information, ISP provider, browser type, and the actions You take on its Website. Our cookies only collect personal identification information when You are logged into Your Mobile Text Alerts Account on the Website or in the Application. The “help” portion of the toolbar on the majority of browsers will direct You on how to prevent Your browser from accepting new cookies, how to command the browser to tell You when You receive a new cookie, or how to fully disable cookies. If users disable cookies in their browser, some features will be disabled and may not function properly, including features that make Your site experience more efficient and You will not be able to log in to the Website. The following table describes the categories of cookies We use and why We use them: Type of cookie [Purpose] What these cookies do How to exercise Your cookie choices Essential Website Cookies These cookies are necessary to provide You some of a Website’s features, such as remembering Your activities on the Website. You can control and delete these cookies through Your web browser settings. However, if You choose to do so, then You will not be able to use the full functionality of the Website. Preference Cookies We use preference cookies to remember Your preferences and various settings. Preference cookies are first party cookies that remain on Your computer or device until You delete them or they are otherwise removed upon expiration. Analytics Cookies We may use a third party to collect information on how the Website is used and to report on the Website usage statistics. If You do not wish for Mobile Text Alerts to use analytics cookies, please contact Mobile Text Alerts at privacy@mobile-text-alerts.com. Session Cookies Mobile Text Alerts may use session cookies to grant our users access to content and to enable actions such as remembering information as You are entering it. These temporary cookies expire and are automatically erased whenever You close Your browser window. Third-party Cookies Mobile Text Alerts permits third-party service providers to place cookies through our Websites to provide Us with better insights into the use of our Websites or User demographics or to provide relevant services to You. These third parties may collect information about a User’s online activities over time and across different websites when she/he uses a Website. Such a tool may generate a cookie to capture information about Your use of a Website which the third-party provider uses to compile reports on website activity for Us and to provide other related services. The third-party provider may use a portion of Your IP address to identify its cookie. Additionally, some companies may use information collected to deliver targeted ads on behalf of Us or other companies, including on other websites or online services. We do not control the use of third-party cookies or the resulting information, and We are not responsible for any actions or policies of such third parties. Pixel Tags, Web Beacons, and Transparent GIFs Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow Us to determine whether You have performed a specific action. When You access these pages or open or click an email, the pixel tags and web beacons generate a notice of that action. These tools allow Us to measure response to our communications and improve our web pages. You can control and delete these cookies through Your web browser or mobile device settings. However, if You choose to do so, then You will not be able to use the full functionality of the Website.Third-Party Vendors and Advertisers. Mobile Text Alerts may use third-party vendors or advertisers to collect and analyze information about Your use of the Services, including, for example, Google, Facebook, or others. These third-parties may use cookies or other similar mechanisms to provide Us with information and analysis about Your use of the Services. This information collection and analysis allows Us to better understand how the Services are being used so that We can strive to provide the most relevant content to our users. These third-parties may collect information about Your online activities over time and across different websites. This information may be used to serve interest-based advertisements on our website or other websites or applications across the internet. We may combine information gathered from one or more of these services.
If Mobile Text Alerts uses a Google Analytics service, it may use any of the following Google analytics features: AdWords, Remarketing, Google Display Network Impression Reporting, DoubleClick, and Google Analytics Demographics and Interest Reporting. We may combine information gathered from one or more of these services. Mobile Text Alerts may use other analytics services from time to time.
For information on how Google collects and uses the information collected through Mobile Text Alerts' use of the Google analytics and advertising services, if applicable, see the Google, Inc. Privacy Policy here (https://www.google.com/intl/en/policies/privacy/).
For more information about the Google Analytics features used by Mobile Text Alerts, if applicable, click here (https://support.google.com/analytics/answer/2404395?hl=en&ref_topic=1631776&rd=1).
For information on how to see and change Your Google Ad Settings, click here (https://support.google.com/ads/answer/2662856?hl=en).
For information on the use of the Google Analytics Opt-Out Browser Add-On, click here (https://tools.google.com/dlpage/gaoptout/). However, Mobile Text Alerts does not necessarily endorse this add-on and does not guarantee that using the add-on will be effective.
For more information on how Facebook Analytics may collect and use the information collected through Mobile Text Alerts' use of the Facebook's analytics and advertising services, if applicable, see the Facebook data use policy and related policies here. (https://www.facebook.com/business/m/privacy-and-data).
The Services may, from time to time, also include social media functions allowing You to like or share content on social media platforms like Facebook or Twitter. These features may collect Your information through the use of cookies or other technologies. These features may be hosted by a third-party and governed by the third-party's privacy policy.
“Do Not Track” Browser Settings. Do Not Track is a preference You can set in Your web browser to inform websites that You do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of Your web browser.
We may track Your online activities over time and across third-party Website or online services using exclusively Aggregate Information. Mobile Text Alerts will not take action in response to do-not-track signals or similar mechanisms.
Third parties may collect data that relates to You. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to You and responsiveness to do-not-track signals is governed by their respective privacy policies.
V. INFORMATION COLLECTION
Mobile Text Alerts’ Website can be browsed without revealing personal identifiable information. To use certain Website features, including setting up an account, or its Application, You will be required to provide certain personal identifiable information. You may provide Mobile Text Alerts with Your business information and personal identifiable information, including, but not limited to, Your name, physical and mailing address, telephone, facsimile, email address using its Website or Application, or by other means, e.g., engaging with Us during a call with Us or our customer service, by written or electronic mail, or on social media.
All payment card transactions with Mobile Text Alerts are processed through our gateway provider and are not stored or processed on a Mobile Text Alerts server. The processing of those transactions is governed by the payment processors’ privacy policy and security practices.
In addition, Mobile Text Alerts obtain certain information from users of the Website, Application and Services that it collected from the User’s current and prospective customers, including, but not limited to, Your name, telephone, and email address.
Mobile Text Alerts may also collect certain information from users that does not reasonably identify, relate to, describe, associate with, or link, directly or indirectly, to a particular individual. Such de-identified data ordinarily includes aggregate, summary, or other usage data, and may include, by way of example, statistics regarding total users, information regarding types of Internet browsers used by users, click stream information, and widget usage patterns (collectively, the “Aggregate Information”). Mobile Text Alerts does not collect from these third parties information that would enable it to re-identify this information with a particular consumer and Mobile Text Alerts has policies and procedures in place to, among other things, safeguard against such a practice if it were possible. Mobile Text Alerts also collects de-identified Aggregate Information about users’ IP addresses to help diagnose problems with its server and to administer its Website, Application and Services.
VI. INFORMATION USE PRACTICES
Mobile Text Alerts may use the collected information or data described above, individually or in the aggregate, for any lawful purpose, including, but not limited to, such purposes as providing the services, monitoring compliance with this Privacy Policy and Mobile Text Alerts’ Terms of Service and Services Agreement, analyzing and tracking User activity on the Services for individual users or for groups of users, tracking and analyzing usage trends, personalizing the Website, Application or Services to better reflect Your preferences, serving more relevant advertisements, or enhancing Your and other users' use of the Website, Application or Services. All collected information may be linked to specific website users and may result in the tracking of the usage information for individual users.
If You submit a review or other feedback to Us, We may use that to improve the services and may publicly display that review or feedback.
Mobile Text Alerts may also use Your submitted information to contact You, via regular mail, email, text message, telephone, or otherwise, regarding Your account, the Services, Your purchased services or products, or other relevant or promotional information or offers as determined by Mobile Text Alerts or its partners. By submitting Your contact information to Mobile Text Alerts or Mobile Text Alerts' partners, You expressly consent to receiving such communications.
Mobile Text Alerts may use information that You provide to use to: personalize Your experience with Mobile Text Alerts and on a Website, such as remembering Your information so that You will not have to re-enter it during Your visit or the next time You visit the Website, deliver the Website, Application, Services and features desired by You, improve the Website, Application, Services, enable Us to better serve You in responding to Your customer service requests and inquiries, and provide customer support to You, quickly process Your transactions, collect payment from You, fulfill our contractual obligations to You, allow You to participate in interactive features on the Website or in the Application, like an online chat function, improve, upgrade, and enhance the Website, Application or Services, or performance of the Website, Application or Services, including customer survey responses, ratings and reviews, follow up with You in connection with Your use of our Website, Application or Services, provide customized advertisements, content, and information, audit related interactions with You, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and effectiveness of our marketing activities, audit compliance with this Privacy Policy or our Terms of Service or Services Agreement and other specification and standards, internal research for technological development and demonstration, send additional information related to Mobile Text Alerts and other products and services We offer, periodically email You about discounts, special promotions or upcoming events, alert You to changes to the Privacy Policy, alert You to a change of ownership of Mobile Text Alerts, in whole or in part, monitor aggregate usage metrics such as total number of visitors, pages viewed, etc., track Your entries, submissions, and status in any promotions or other activities, verify and maintain the quality or safety of the Website, Application or Services, and other related equipment controlled by Mobile Text Alerts, debug to identify and repair errors that impair the intended functionality of the Website, Application or Services, detect security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity, comply with other legal obligations, for example, responding to legally binding requests from regulators, law enforcement authorities or other government authorities, exercise our legal rights where necessary, for example, to detect, prevent, and respond to fraud, violations of law, or intellectual property infringement, and any other purposes disclosed to You at the time Website, Application or Services collects Your information or pursuant to Your consent.
Mobile Text Alerts may obtain Your consent to collect and use certain types of information when We are required to do so by law. If Mobile Text Alerts asks for Your consent and You give it, You may withdraw Your consent at any time by contacting Us at privacy@mobile-text-alerts.com. Mobile Text Alerts will inform You of the consequences of withholding or withdrawing consent when We ask for Your consent and if You withdraw Your consent.
VII. OPTING OUT OF COMMUNICATIONS If You have subscribed to or are otherwise receiving emails from Mobile Text Alerts and no longer want to receive such emails in the future, You may opt-out of receiving these emails by clicking the “unsubscribe” link at the bottom of any of the emails You have received. Please allow ample time for Us to process Your request. If You are having difficulty unsubscribing, please contact Mobile Text Alerts at privacy@mobile-text-alerts.com. Even if You opt-out of receiving emails, You may still receive emails from Mobile Text Alerts related to Your interactions with Us (such as confirmation of a registration or form submission) or otherwise as required by law. Also note that We may need to keep personal identification information We have collected about You to respect Your decision to opt-out, for record-keeping, research and other purposes. If You have subscribed to or are otherwise receiving direct mail from Mobile Text Alerts and no longer want to receive such communications in the future, You may opt-out of receiving these communications by contacting Mobile Text Alerts at privacy@mobile-text-alerts.com. VIII. DISCLOSURE OF INFORMATION Mobile Text Alerts does not disclose, sell, or transfer any collected information to third-parties for their own use, including but not limited to, their use to directly market to You unrelated to Your relationship with Us. Third-Party Services Providers and Telecommunications Providers. Mobile Text Alerts provides its users a tool to organize contact lists and to initiate communications to the users' contacts through one or more third-party providers. Accordingly, those third-party providers may have access to Your information, including Your telephone number, the content of the communications sent or received by Mobile Text Alerts users, or other information collected through the Services. Third-Party Services. If You log into Mobile Text Alerts through a third-party service like Facebook or Google, then those third-parties may have access to certain information about Your use of Mobile Text Alerts. For more information on the type of information those third-parties may collect about You, please review the privacy policies for those third-parties. Vendors. Mobile Text Alerts may use third-party companies, agents, or contractors to perform services on our behalf. For example, Mobile Text Alerts may partner with other companies to personalize our web pages, manage our email marketing list, analyze our website or usage information, process payments or credit card transactions, fulfill or ship orders, detect fraud, collect debts, analyze or enhance the data collected by the Services (including User's interaction with the Services), or otherwise assist Mobile Text Alerts in better serving the Services' users. During the course of providing Mobile Text Alerts with these services, these third-parties may have access to Your personal and non-personal information in order to provide the services We requested from those third-parties. Your personal information will not be shared or distributed with third parties for their own marketing or advertising purposes. We will not sell, trade, or rent Your personal information to any third party unless We have Your consent to do so or as otherwise disclosed in this Privacy Policy. We will only use and/or disclose personal information in order to: provide You with any services that You have engaged Us for; understand and meet Your needs and preferences; develop new and enhance existing service and product offerings; manage and develop our business and operations; comply with obligations resulting from a sale of all or substantially all of our assets; and meet legal and regulatory requirements. Legal Compliance. Mobile Text Alerts also reserves the right to disclose personal information when We reasonably believe disclosure is required by law, if We reasonably believe disclosure is necessary to establish or exercise legal rights, or in situations involving potential threats to physical safety. Merger or Acquisition. In the event that Mobile Text Alerts is acquired by or merged with a third-party, We reserve the right to sell or otherwise transfer any and all information We have collected from You as part of that transaction and such third-party will assume the rights and obligations with respect to that information as described in this Privacy Policy. IX. YOUR CALIFORNIA PRIVACY RIGHTS Under California law, including, but not limited to the California Consumer Privacy Act, California residents have rights to access, delete, or otherwise control covered businesses’ use, collection, and/or disclosure of their personal identification information. These rights include: Right to Access/Disclosure. California residents have the right to have access to their personal identification information by submitting a verifiable request, free of charge, to a covered business. Disclosure of Direct Marketers. California residents have the right to have access to their personal information shared with third parties for their own direct marketing purposes by submitting a verifiable request, free of charge, to send an email to privacy@mobile-text-alerts.com. Collecting, Selling, Sharing, or Disclosing Personal Information. California residents have the right, after the covered business’s receipt of a verifiable request, to obtain a list of: (i) the specific pieces of the California resident’s personal information held by the covered business; (ii) the categories of the California resident’s personal information collected by the covered business, sold to third parties, or disclosed to third parties for business purposes; (iii) the categories of the California resident’s personal information sold within the last 12 months; (iv) the categories of the sources from which the California resident’s personal information is collected by the covered business; (v) the covered business’s business or commercial purpose for collecting or selling the California resident’s personal information; and (vi) the categories of third parties with whom the California resident’s personal information is shared, sold, or disclosed for a business or commercial purpose by the covered business. Right to Opt-Out of the Sale of Personal Information. Under California Law, California residents have the right to opt-out of the sale of their personal identification information by a covered business under certain circumstances. As confirmed above, Mobile Text Alerts does not sell its customers Personal Identification Information. Right to Deletion / “Right to be Forgotten.” Under California Law, California residents have the right to have their personal identification information deleted under certain circumstances after providing the covered business with a verifiable request. Right to Data Portability. Under California Law, California residents have the right to have their personal identification information directly transferred by the covered business to a third-party processor of the California resident’s choice (where technically feasible; may be limited to situations when processing is based on consent). Right to Non-Discrimination. As defined under relevant California law, California residents have a right to non-discrimination in the services or quality of Services received from a covered business even if they exercise their rights under California law. Please refer to Submitting a Verifiable Request to Mobile Text Alerts, below, for information about exercising any rights that You have under California law. We may ask You to verify Your identity before responding to such requests. Submitting a Verifiable Request to Mobile Text Alerts. California residents have certain rights to access, delete, or otherwise control the use, collection, and/or disclosure of their personal identification information by a covered business. A covered business is entitled to verify the requesting individual’s identity to protect the personal identification information, and ensuring that the personal identification information is not shared with someone impersonating You or someone who is not authorized to act on Your behalf. You may submit a verifiable request to Mobile Text Alerts by using the contact feature on www.mobile-text-alerts.com, emailing contact@mobile-text-alerts.com, writing to 79 Madison Ave, Fl 8, New York, NY 10016, or calling 531-739-8280. Mobile Text Alerts will ask You to provide information about yourself so that We can verify Your identity as part of this process. This information may include Your name, email address, Account User name, and any other information deemed necessary by Mobile Text Alerts to reasonably verify Your identity, to ensure that Your information is not shared with anyone impersonating You. We may ask for additional information if We have difficulty confirming Your identity. We will not share Your information or honor other requests in those situations in which We are unable to confirm a request for Your information is a “verifiable request.” Under California law, a California resident can appoint an “authorized agent” to make certain verifiable requests on their behalf, such as the right to know what information We collect about the consumer or to request deletion of the consumer’s information. Because the security and privacy of Your information is paramount, We will ask that You identify and provide permission in writing for such persons to act as Your authorized agent and exercise Your applicable rights under California law in such situations. This may require Us to contact You directly and alert You that an individual has claimed to be Your agent and is attempting to access or delete Your information. We will also independently verify Your identity to ensure that an unauthorized person is not attempting to impersonate You and exercise Your rights without authorization. We will not share Your information or honor any other requests in those situations where You cannot or do not grant permission in writing for an identified authorized agent to act on Your behalf, or where We cannot independently verify Your identity. X. THIRD-PARTY LINKS The Services may contain links to websites not owned or controlled by Mobile Text Alerts. Mobile Text Alerts does not necessarily review or endorse the content of these linked websites. You should review the terms of service and privacy policies of all websites You visit.XI. SECURITY Mobile Text Alerts uses commercially reasonable efforts to protect the information We collect on the Services and to maintain the quality and integrity of this data. Your Personal Identification Information is maintained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems. We implement a variety of security measures when a User places an order enters, submits, or accesses their information to maintain the safety of Your Personal Identification Information. To achieve information security and quality, We implement appropriate measures and processes, such as using encryption to the extent We transmit certain sensitive information. Please be aware that, although We endeavor to provide reasonable security for information in our possession and control, no security system can prevent all potential security breaches, and We bear no liability for uses or disclosures of personal data or non-personal data due to no fault of ours including, but not limited to, errors in transmission and unauthorized acts of our staff and/or third parties or any unauthorized access to Your Mobile Text Alerts Account due to third parties collection of Your username and password from You. No security system can be guaranteed to be 100% effective. Accordingly, We cannot and do not guarantee the security of Your personal information and cannot assume liability for improper access to it. All financial transactions are processed through our gateway provider and are not stored or processed on our servers. The processing of those transactions is governed by the payment processors’ privacy policy and security practices. Mobile Text Alerts is not responsible for the third-party payment processors’ data security practices. Mobile Text Alerts will keep information that We collect from You for as long as We have a relationship with You. Once our relationship with You has come to an end, Mobile Text Alerts reserves the right to retain Your information for a period of time that enables Us to: a. maintain business records for analysis and/or audit purposes, b. comply with record retention requirements under the law, c. defend or bring any existing or potential legal claims, d. deal with any complaints regarding the services, e. enforce our contractual obligations, and f. respond to any inquiries from a law enforcement agency. You are responsible for restricting access to Your computer or mobile device through which You access the Website, Application and Services. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to our Website, Application and Services. By using the Website, Application and Services, or providing personal information to Us through any means, You agree that We can communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Website, Application and Services. XII. DATA RETENTION & DELETION You may request the deletion of your account and associated data by using the contact feature on www.mobile-text-alerts.com, emailing contact@mobile-text-alerts.com, writing to 79 Madison Ave, Fl 8, New York, NY 10016, or calling 531-739-8280. Mobile Text Alerts may retain the personal and non-personal information or other collected data, individually or in the aggregate, as described above, after You delete Your account or have ceased using the Website, Application or Services. However, Mobile Text Alerts does not guarantee that any information will continue to be available after such deletion or cessation. XIII. VIEWING AND UPDATING INFORMATION You are responsible for updating and maintaining the accuracy of Your personal information that You provide to or through the Services. If You believe You have submitted inaccurate information through the Website, Application or Services, and would like Mobile Text Alerts to change such information, please contact Mobile Text Alerts at the address below. XIV. INDEMNIFICATION/RIGHT TO A DEFENSE You agree to indemnify, hold harmless and defend Mobile Text Alerts, its managers, members, directors, officers, employees, affiliates, agents, advertisers, vendors, insurers, attorneys, successors, and assigns (individually, an “Indemnified Party” and, collectively, the "Indemnified Parties") at Your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties or any of the users of the Services provided by one or more of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties and any losses from interruption of an Indemnified Party’s business interruption, arising out of or relating to (i) Your breach of any term or condition of this Privacy Policy, (ii) Your provision of information to Mobile Text Alerts, (iii) Your use of the Website, Application or Services, (iv) Your unauthorized use of the Services or (v) Your violation of any governing laws (“Claim(s)”). In such a case, the Indemnified Party or Indemnified Parties will provide You with written notice of such claim, suit or action, directly such notice to the email address or physical address in Mobile Text Alerts records for You. You are solely responsible for making sure that Your contact information is current. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by You. The Indemnified Parties reserve the right to tender their defense to the Claim(s) to You and You shall be solely responsible for any related defense costs, including, but not limited to, attorneys’ fees and costs. XV. LIMITATIONS OF LIABILITY MOBILE TEXT ALERTS IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, (D) BODILY DAMAGE OR EMOTIONAL DISTRESS, (E) PROPERTY DAMAGE, (F) REPUTATIONAL HARM OR (G) BUSINESS INTERRUPTION, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF MOBILE TEXT ALERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH APPLY TO YOU TO THE GREATEST EXTENT PERMITTED BY GOVERNING LAW. NOTWITHSTANDING ANYTHING SET FORTH IN THIS PRIVACY POLICY TO THE CONTRARY, MOBILE TEXT ALERTS' CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY ACTIONABLE CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS PRIVACY POLICY SHALL NOT EXCEED ONE HUNDRED AND 00/100 DOLLARS ($100.00). OTHERWISE, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, PRODUCTS, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE, APPLICATION AND SERVICES. XXI. MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONS THIS PRIVACY POLICY CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES THAT ANY CLAIM RELATING TO YOUR USE OF THE WEBSITE, APPLICATION OR SERVICES MAY BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION UNLESS OTHERWISE PROVIDED FOR HEREIN. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW. CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU EXPRESSLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO ARBITRATE A CLASS ACTION. IF EITHER PARTY CHOOSES TO ARBITRATE A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIM. Informal Efforts to Resolve Dispute. For any dispute with Mobile Text Alerts, You agree to first contact Mobile Text Alerts and attempt to resolve the dispute with Us informally. Acknowledgment of Binding Arbitration Clause. Your use of the Website, Application or Services is expressly conditioned upon Your acceptance of the following binding Arbitration Clause. By using the Website, Application or Services, You acknowledge that You are giving up the right to litigate “Claims,” defined below, if either party elects Arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and You hereby knowingly and voluntarily waive the right to trial of all Claims subject to this binding Arbitration clause. You further acknowledge that You have read this Arbitration provision carefully, agree to its terms voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Privacy Policy and this binding Arbitration clause. Arbitration of Claims. Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims, arising from or relating to (i) the Website, (ii) the Application, (iii) the Services; (iv) the Privacy Policy, including the validity, enforceability, interpretation, scope, or application of the Privacy Policy and this binding Arbitration provision; (v) any other agreement or instrument relating to the Website, Application or Services, including our Terms of Service and Services Agreement; and (vi) any product(s) or service(s) sold using the Website, Application or Services (collectively a “Claim” or “Claims”) shall be decided, upon the election of You, Us (which includes all Indemnified Parties) or the seller of goods or services using the Website, Application or Services (which includes their owners, partners, managers, members, directors, officers, employees, agents, affiliates, insurers, and attorneys, by binding Arbitration pursuant to this Arbitration Clause and the applicable rules and procedures of the American Arbitration Association (“AAA”), which shall serve as the Arbitration administrator, in effect at the time the Claim is filed. You may obtain copies of the current rules, forms, and instructions for initiating an Arbitration with the AAA by contacting the AAA as follows: on the web at www.adr.org or by writing to AAA at 1633 Broadway, 10th Floor, New York, NY 10019. Other Claims Subject to Arbitration. In addition to Claims brought by either You, Us or a User of the Website, Application or Services, Claims made by or against Us or anyone acting on Your or our behalf (including anyone with access to Your mobile phone or account with Us, or an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to Arbitration as described herein. Exception. You and We agree not to invoke our right to arbitrate any individual Claim You bring in small claims court or an equivalent court so long as the Claim is pending only in that court and remains pending only in that court. Individual Claims Only. It is the intent of the parties to require all Claims to be submitted to Arbitration on an individual basis only. Claims subject to this Arbitration Clause may not be joined or consolidated in Arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing. If a claim is made against Us (which includes Released Parties) and a User, We and the User are one person for purposes of this Arbitration Clause. Arbitration Fees. If an Arbitration is initiated by either party, who is responsible for payment of any Arbitration deposit or fees will be governed by the then applicable AAA rules, except that if the claim is governed by the AAA’s commercial rules, the parties agree to share equally in the costs of the Arbitration with respect to any AAA deposits, fees and expenses, except that each party shall be responsible for its own attorneys’ fees and costs. Procedure. A single arbitrator will resolve the Claims. The Arbitrator will be a lawyer with at least ten years’ experience or who is a former or retired judge. The Arbitration shall follow the AAA rules and procedures in effect on the date the Arbitration is filed, except when there is a conflict or inconsistency between the rules and procedures of the Arbitration administrator and this Arbitration provision, in which case this Arbitration provision shall govern. Location of Arbitration Proceeding. Any in-person Arbitration hearing for a Claim shall take place within the federal judicial district in which the claimant lives or maintains its principal place of business, or at such other reasonably convenient location as agreed by the parties. Governing Law. This Arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”). The Arbitrator shall apply applicable substantive law consistent with the FAA and shall honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable shall apply to any Arbitration proceeding. The Arbitrator shall only be empowered to grant only relief that would be available in court under law or in equity. The Arbitrator shall not be permitted to disregard the applicable law to do equity. At the request of any party, the arbitrator will provide a written explanation of the basis for the disposition of each claim, including written findings of fact and conclusions of law. XXII. LIMITATION OF TIME TO FILE CLAIMS ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE WEBSITE, APPLICATION OR SERVICES GOVERNED BY THIS PRIVACY POLICY MUST BE COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE LATER OF (I) THE ACCRUAL OF; OR (II) OUR OR YOUR KNOWLEDGE OF (OR WHEN SUCH PARTY SHOULD HAVE REASONABLY BECOME AWARE OF) OR THE CLAIM SHALL BE DEEMED BARRED. XXIII. ENTIRE AGREEMENT This Privacy Policy (including any amendment agreed upon by the parties in writing), including the Mobile Text Alerts Terms of Service and Services Agreement, if applicable, represent the complete agreement between Us, and supersede all prior agreements and representations between the parties. XXIV. SEVERABILITY/REFORMATION If any provision of this Privacy Policy is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Privacy Policy will continue in full force and effect.
CONTACT
If You have questions concerning this Privacy Policy, please contact Mobile Text Alerts at the following address:
Vimbly MTA, LLC, 79 Madison Ave, Fl 8 New York, NY 10016 531-739-8280 contact@mobile-text-alerts.com
1911806.02
