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IMPORTANT! PLEASE READ THESE SMS TEXT MESSAGING TERMS & CONDITIONS (“SMS TERMS”) CAREFULLY BEFORE SIGNING UP TO THE NETIMPACT STRATEGIES, INC. (ALSO REFERRED TO AS “NETIMPACT”) TEXT MESSING PROGRAM. BY COMPLETING THE OPT IN, YOU (“THE INDIVIDUAL ACCEPTING THE TERMS”) EXPRESSLY CONSENTS TO RECEIVE MARKETING AND NON-MARKETING TEXT MESSAGES FROM NETIMPACT, AT THE TELEPHONE NUMBER(S) THAT YOU PROVIDE. YOU MAY OPT-OUT OF THESE COMMUNICATIONS AT ANY TIME.
Program Description
NetImpact Strategies, Inc., is the Campaign Service Provider (CSP) managing multiple SMS Campaigns on behalf of various Brands and in accordance with The Campaign Registry (TCR) standards for A2P 10DLC messaging. Some of the Campaigns and Brands covered by these SMS Terms include but are not limited to the following:
The above listing of Brands and Campaigns are not an exhaustive list of every Brand or Campaign NetImpact Strategies, Inc., may be employing.
Message Frequency
Cost
Message and data rate may apply to any messages sent or received by this system. You are responsible for any carrier charges and any other fees that may result from sending or receiving text messages through our campaigns.
How to Opt-In
By opting in to receive text messages from NetImpact, You are providing Your consent to use the services in accordance with these SMS Terms. To opt-in to receive text messages, reply “1” to the initial opt-in message you receive.
How to Opt-Out
Support/Help
Carrier Disclaimer
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Carriers are not liable for delays or undelivered messages.
Termination of Text Messaging
We may suspend or terminate your receipt of NetImpact text messages if we believe You are in breach of these SMS Terms and Conditions. Your receipt of NetImpact text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. NetImpact reserves the right to modify or discontinue, temporarily or permanently, all or any part of NetImpact text messages, with or without notice.
This Short Message Service (hereafter “SMS”) Privacy Policy (hereinafter “SMS Privacy Policy“) governs how NetImpact Strategies, Inc. (“NetImpact“ “we“, “our“, or “us“) collects, uses, and treats Personal Information (as defined below) that You provide to us: (i) though Opting In to receive SMS Messages (““Opting In“); or (ii) while using the services and information available via our SMS Services or in other instances in which we notify You that this SMS Privacy Policy apply (collectively, the “Services“). This SMS Privacy Policy establishes our rights and obligations with respect to your Personal Information, and lets You know your associated rights.
1. Scope of this SMS Privacy Policy.
1.1 Application of this SMS Privacy Policy. Our SMS Privacy Policy applies to anyone who Opts In to receive SMS Messages (collectively, “You“), subject to Section 1.2
1.2 Exclusions from this SMS Privacy Policy. This SMS Privacy Policy does not apply to: (i) our application(s) and other offerings, the use of which is governed under separate terms and conditions, including, for example, end user license agreements (EULAs); or (ii) our current employees providing us information with respect to their employment with us. Moreover, if we provide You with links to other websites, then they are solely for your convenience and reference and we are not responsible for the privacy practices or content on, or accessed through, such links or websites.
2. Your Consent to this SMS Privacy Policy. You indicate your consent to this SMS Privacy Policy in different ways, depending on your relationship with us, as set forth below.
2.1 Consent by User Acting in a Representative Capacity. If You are agreeing to our SMS Privacy Policy on behalf of yourself , a company or other legal entity (“You” or “Your Organization“), then (i) You represent and warrant that You have authority to act on behalf of, and to bind Yourself or Your Organization, and (ii) for all purposes in this SMS Privacy Policy, the term “You“ means either yourself individually or Your Organization on whose behalf You are acting.
2.2 Right to Withdraw Consent. You have the right to withdraw your consent at any time, in accordance with Section 11 (Your Choices Regarding Your Personal Information; Opting Out).
3. The Information We Collect. The information that we collect about You falls into certain categories as further described in this Section 3 (The Information We Collect). This information consists of the following:
3.1 Personal Information. We may collect certain information that identifies You as an individual (collectively, “Personal Information“). The Personal Information we collect may include the following:
Activity Information. To the extent that statutes, regulations, and any other laws that apply to the Services (collectively, “Applicable Law“) establish that Activity Information constitutes Personal Information, and such Applicable Law applies to information we collect from You, then we will treat the relevant Activity Information as Personal Information. In addition, sometimes Activity Information can be associated with your Personal Information, in which case we will treat it as Personal Information. Otherwise we consider, and treat, Activity Information as Anonymous Information.
3.2 Information Provided to Third Parties. As explained further in Section 6.1 (Our Service Providers), we may engage third parties to perform certain services for us or on our behalf. Our SMS Services may be managed by such third parties, and we may obtain from the applicable service provider the information that You provide when Opting In..
3.3 Provision of Personal Information Offline. We may ask You to provide us with Personal Information via offline interactions. Personal Information we collect in this manner may include, for example, your name, username, email address, and other identifying information. If You provide information to us at our request, then we will strive to provide You with either verbal and/or written notice of this SMS Privacy Policy upon your request for a copy of the SMS Privacy Policy. We treat any information that You provide to us as Personal Information under this SMS Privacy Policy.
4. How We Use The Information We Collect. We use the information that we collect or process, including Personal Information, Online Activity Information, and Anonymous Information, as permitted under applicable law and consistent with the terms of this SMS Privacy Policy. More specifically, we use the information we collect for the following purposes:
In addition to the uses specifically identified above, there may be instances where You request information and Services from us that are not described in this SMS Privacy Policy. In our discretion, we can use information that You submit in order to provide such information and Services.
5. Other Essential or Internal Uses of Information. We may also use the information that we collect as we believe to be necessary or appropriate for certain essential purposes, including:
6. How We Disclose this Information. We value your privacy, and we share the information we collect only in the manner set out below.
6.1 Our Service Providers. We engage third parties to perform functions on our behalf, and these may include maintaining the SMS Services, collecting information, responding to and sending email or other messages, and other functions useful to our business. In this capacity, we may provide service providers with Personal Information, (as applicable). Notwithstanding, no end user’s personal information will be shared or sold to third parties for any third party commercial marketing/promotional purposes. The following are examples of how your information may be shared with third parties:
We require our service providers to contractually commit to protect the privacy and security of the Personal Information they process on our behalf.
6.2 Questions of Harm; Legal Process. We may disclose your Personal Information to third parties, including law enforcement agencies, attorneys, and private investigators, where it is necessary, or where we have a good faith belief that it is necessary to: (i) comply with legal process; (ii) protect and defend our rights and property, including SMS Services and associated content; (iii) protect against misuse or unauthorized use of our SMS Services and associated content; (iv) protect the personal safety or property of SMS Service users or the public, including your personal safety or property (it being understood that we assume no duty to provide, or monitor the need for, such protections); and (v) cooperate with public and government authorities including, where required, authorities outside your jurisdiction.
While You are not able to opt out of this use of information, we will take reasonable steps to limit such use, and disclose only the information we reasonably believe is necessary for the above purposes. If we receive legal process calling for the disclosure of your Personal Information, then we will attempt to notify You within a reasonable amount of time, unless such notification is not permitted.
6.3 Corporate Transactions. We shall be entitled to transfer information that we collect (including Personal Information) to a third party in connection with or in contemplation of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition (including a disposition in connection with a bankruptcy or similar proceedings) of all or substantially all assets or stock of the business unit or division responsible for the information under this SMS Privacy Policy; provided the acquiring third party has agreed to safeguard your Personal Information with protections that are compatible with those set out in this SMS Privacy Policy.
6.4 Our Affiliates. Wemay choose to rely on and share the information we collect with our affiliates. By “affiliate“ we mean an entity that is closely related to us, such as an entity that controls, is controlled by, or is under common control with, NetImpact. Our affiliates will be bound by the terms of this SMS Privacy Policy.
7. How We Safeguard the Information We Collect. We recognize the sensitivity of our users‘ Personal Information and we have put in place security systems designed to prevent unauthorized access to or disclosure of this information. Our security systems include physical, technical, and administrative information security controls, and we take commercially reasonable steps to secure and safeguard such Personal Information in accordance with applicable law.
8. Our Retention of Data. We retain Personal Information for the period of time necessary to fulfill the purposes for which we obtained the Personal Information and consistent with applicable law. We use the following criteria to set our retention periods: (i) the duration of our relationship with You; (ii) the existence of a legal obligation as to the retention period; and (iii) the advisability of retaining the information in light of our legal position (for example, in light of applicable statutes of limitations, litigation, or regulatory investigations).
9. Accuracy and Minimization of Data. We take reasonable steps (i) to maintain the accuracy of the Personal Information we process, and (ii) to limit the Personal Information that we process to that which is reasonably necessary for the purposes for which we obtained the information.
10. Your Choices Regarding Your Personal Information; Opting Out.
10.1 Discretionary Account Information. To allow appropriate control over Personal Information, You can view, change, or update discretionary information that You have previously submitted either by contacting us as provided in Section 16(Contact Us) below.
10.2 Opt-Out of SMS Services. If we choose to send to You, or You have elected to receive, bulletins, updates, or other marketing-related materials, we will provide You with the ability to decline – or “opt out“ – of receiving such communications. Instructions for opting-out will be provided if and when we determine to send You such a communication. For example, if You no longer wish to receive SMS Services from us, You can opt out of this Service by: (i) replying “STOP” to the number you are receiving texts from for removal; (ii) following the “unsubscribe“ instructions located near the bottom of each email message, or (iii) contacting us as provided in Section 16 (Contact Us) below. Please understand that we may still communicate with You in connection with administrative notices concerning any transactions, operation of the Platform and legal notices.
10.3 State-Specific Notices Regarding Your Privacy Rights.
10.3.1 California Shine the Light Disclosure. California law requires certain businesses to respond to requests from California users who ask about business practices related to disclosing Personal Information to third parties for their own direct marketing purposes. The California “Shine the Light“ law further requires us to allow California residents to opt out of certain disclosures of Personal Information to third parties for their own direct marketing purposes.
10.3.2 California Do No Track Notice. Our Website does not change its behavior when receiving “Do Not Track“ signals from browser software, and handles all Personal Information consistent with this SMS Privacy Policy.
10.3.3 Nevada Disclosure. For Nevada residents, please note that we do not sell personal information as defined by Nevada law. You can submit a request to us as set out in Section 16 (Contact Us) below.
11. Advisory Regarding Participation by Children and Teens. Under U.S. Federal Law (as reflected in the Children‘s Online Privacy Protection Act), WE DO NOT COLLECT OR STORE ANY PERSONAL INFORMATION FROM INDIVIDUALS THAT WE KNOW ARE UNDER THE AGE OF 13. If You wish further information concerning privacy policies in general, and concerning online social networking and safety, You should visit the following website: http://www.ftc.gov/privacy/index.html.
12. Third Party Sites. Our Platform may link to (or be linked from) third party websites or third party features (“Linked Sites“). We have no control over third parties that operate such Linked Site, and we are not responsible for the content, availability, or security of such Linked Sites. Third parties may use your information for their own purposes, including for behavioral or advertising purposes. The inclusion of a link on our Platform to a Linked Site is provided for your convenience only and does not imply endorsement of the Linked Site, the third party, or its products or services. If You decide to access any of the Linked Sites, You do so subject to the terms and conditions of use for such Linked Sites. Any Personal Information that You provide through a Linked Site will be subject to the privacy policy of its operator and not this SMS Privacy Policy.
13. Complaints. If You have a suggestions on how we can improve our Services or complaints You would like us to address, please contact us at the address set out in Section 15 (Contact Us). If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Other states may provide similar avenues for lodging complaints. Please check with your state‘s consumer protection authority.
14. Changes to this SMS Privacy Policy. From time to time, we may change this SMS Privacy Policy for our business purposes and to comply with changes in applicable law. In the event of any substantive or material changes, we will communicate these changes to You by posting the updated SMS Privacy Policy on the Website and/or notifying You of the change via the Website, email, or other methods. Your continued use following such notice constitutes your agreement to follow and be bound by the updated SMS Privacy Policy. If You do not agree with any changes to our SMS Privacy Policy, please contact us using the information set forth in Section 15 (Contact Us).
15. Contact Us. If You would like to contact us, please email us at info@netimpactstrategies.com.
16. Effective Date.The effective date of this SMS Privacy Policy is January 5th, 2024.
17. Copyright and Legal Notice.© 2024 NetImpact Strategies, Inc. All rights reserved. No part of this content may be reproduced, stored in any form without written permission from NetImpact Strategies, Inc.
