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: [email protected]
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 [email protected].
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. 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.
With your consent, we disclose information to Our advertising providers, in order to provide you with advertisements, including interest-based advertisements. 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 to collect information about your use of our Services so that they can provide advertising about products and services tailored to your interests in Our Products and Services, or in other apps and 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.
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 still be permitted to use 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 [email protected].
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 [email protected].
We can be contacted concerning this Privacy Policy by email at [email protected]. Please note that this email address should only be used for privacy-related matters and is not a general support contact.
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 [email protected] 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 [email protected].
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:
TextMe does not sell personal information.
Our Products and Services May Collect the Following Categories of Personal Information from Consumers in the Past Twelve Months
| Categories of Personal Information That We Collect | Categories of Sources | Business Purpose of Collection | Categories of Third Parties That Receive Data |
|---|---|---|---|
| A. Identifiers - A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. | From Our consumers From internet service providers |
To provide You with Our Products and Services To contact You |
Our service providers Third parties to whom you allow us to share your information |
| 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. | From Our consumers From our payment processors (at the point of collection) |
If You make a purchase from Our Products and Services, we may use the financial information You provide to process Your payment | Our service providers Our payment processors (who may collect information directly from you, or through us, or who may receive information from us about appropriate charges) |
| 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). | From Our consumers | To provide You with Our Products and Services | Our service providers Third parties to whom you allow us to share your information |
| D. Commercial information - Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | From Our consumers | To provide You with Our Products and Services To measure, analyze, and improve upon Our marketing efforts | Our service providers |
| 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. | From Our consumers | Our consumers may provide us with a profile picture or leave a voice message which will be used by Us to deliver the Products & Services | Our service providers |
| F. Internet or other similar network activity - Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | From Our consumers From internet service providers |
To provide You with Our Products and Services To measure, analyze, and improve upon Our marketing efforts | Our service providers |
| G. Geolocation data - Physical location or movements. | From Our Consumers | To provide You with Our Products and Services To measure, analyze, and improve upon Our marketing efforts | Our service providers Third parties to whom you allow us to share your information |
| H. Sensory data - Audio, electronic, visual, thermal, olfactory, or similar information | Not collected | Not collected | Not collected |
| I. Professional or employment-related information - Current or past job history or performance evaluations | Not collected | Not collected | Not collected |
| 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. | Not collected | Not collected | Not collected |
| K. Inferences drawn from other personal information - Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | Based upon information collected from our consumers | To provide You with Our Products and Services To measure, analyze, and improve upon Our marketing efforts | Our service providers |
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.
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 provide sufficient information that allows Us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include verifying the email address you used when establishing an account, and by logging into your account and making the request through the app.
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.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
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.
We will deliver Our written response to the email address You used to setup Your account.
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.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
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: [email protected] Please note that this email address should only be used for privacy-related matters and is not a general support contact.