TextMarks.com and its related website (“Site”), messaging platform, mobile application, and other online products and services (collectively the “Services”) are owned and operated by TextMarks, Inc. (“TextMarks”, “our”, “us”, and “we”), a California corporation with its principal place of business in Pasadena, California. TextMarks has adopted this Privacy Policy (“Privacy Policy”) to inform you that it collects Personal Information when you use the Site and Services and to explain how this information is used, shared, and stored.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Policy before you use or submit any information on or through the TextMarks Site and/or Services to stay informed about our information practices and the ways you can help protect your privacy. By using the Site and/or Services, you consent to the collection, use, disclosure and sharing of your Personal Information as further outlined below in this Privacy Policy.

Definitions

• California Consumer Privacy Act (“CCPA”) means the California statute (Cal. Civ. Code § 1798.100, et seq.) intended to enhance privacy rights and consumer protection for residents of California, United States.
• Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
• Customer(s) means individuals and organizations that sign up for Services and have an account with TextMarks.
• End Users means individuals who interact with the SMS programs of our Customers, which are facilitated through the Services.
• Visitor(s) means individuals who visit and browse the Site.
• You / Your means Customers, End Users, and/or Visitors.

Types of Personal Information We Collect

TextMarks May Collect the Following Personal Information From All Customers

• Name;
• Organization name;
• Email address;
• Phone number;
• Postal address;
• Credit card or other billing information;
• Any other information that you voluntarily upload or submit to the Site directly or indirectly.

TextMarks May Collect the Following Personal Information of End Users on behalf of Customers engaging in the Services

• Name;
• Email address;
• Phone number;
• Any other information that End Users voluntarily upload or submit to the Site directly or indirectly.

TextMarks May Collect the Following Personal Information from Visitors who Contact TextMarks seeking more information

• Name;
• Email address;
• Phone number;
• Any other information that Visitors voluntarily upload or submit directly or indirectly.

TextMarks Collects the Following Personal Information Automatically When You Access the Site and/or Use the Services

• Usage Information: We collect log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
• Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
• Location Information: We may collect precise information about the location of your mobile device, but only with your express consent. Once you have consented to the collection of such precise location information via your mobile device, you may adjust this consent by managing your Location Services preferences through the settings of your mobile device. For more details, please see "Your Choices" below.
• Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, including cookies and web beacons. For more information about cookies, and how to disable them, please see the "Cookies” section" below.

Sources of Personal Information Collected

TextMarks collects Personal Information from you when you create an account, set up automatic bill pay, participate in any interactive features of the Services, fill out a form, participate in a contest or promotion, request customer support or otherwise communicate with us. TextMarks may collect this Personal Information from you through various channels, including, but not limited to, through your voluntary submission of information to the Site and/or Services, through requests initiated by you through the Site and/or Services, through the collection and analysis of information concerning your computer and browsing activities, through the use of cookies, web beacons, pixel tags, web analytics, ad services, and through other sources permitted by law. We may also obtain Personal Information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including but not limited to reseller programs, referral programs, identity verification services, credit bureaus, mailing list providers and publicly available sources.

The Site also utilizes Cookies and similar technologies such as web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness.

You have a variety of tools available to control the data collected by Cookies, web beacons, and similar technologies. For example, you can use controls in your Internet browser to limit how the websites you visit are able to use Cookies and to withdraw your consent by clearing or blocking Cookies. You can also stop TextMarks from placing Cookies (other than those required for the Website to function) on your device by using settings within your browser or opting out using the Cookie notification opt-out on your initial visit to the Website.

Purpose for Collecting Personal Information

TextMarks collects this Personal Information for the purpose of providing the Site and Services to Customers, including to:

• Provide, maintain and improve our Site and/or Services;
• Provide and deliver the products and services you request, process payment transactions and send you related information, including confirmations and invoices;
• Send you technical notices, updates, security alerts and support and administrative messages;
• Respond to your comments, questions and requests and provide customer service;
• Communicate with you about products, services, offers, promotions, rewards, and events offered by TextMarks and others, and provide news and information we think will be of interest to you;
• Monitor and analyze trends, usage and activities in connection with the Site and/or Services;
• Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of TextMarks and others;
• Personalize and improve the Site and/or Services and provide advertisements, content or features that match user profiles or interests;
• Facilitate contests, sweepstakes and promotions and to process entries and deliver rewards;
• Link or combine with information we get from others to help understand your needs and provide you with better service; and
• Carry out any other purpose described to you at the time the information was collected.

Sharing of Personal Information

We may share Personal Information as follows or as otherwise described in this Privacy Policy:

• With vendors, consultants, third party payment processors and other service providers who need access to such information to carry out work on our behalf;
• In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
• If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of TextMarks or others;
• In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
• Between and among TextMarks and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
• With your consent or at your direction.
• We may also share aggregated or de-identified information, which cannot reasonably be used to identify you;
• When our Customers use our Service to provide SMS programs and You interact with those programs through SMS, Your phone number and other data You provide may be shared with that specific Customer. Customers may have their own Privacy Policies governing how this data is handled.

Personal Information Transfer, Storage, and Retention

Your Personal Information is stored and processed on computers and servers in the United States and through your use of the Site and/or Services, you consent to the processing, transfer, and storage of your Personal Information. TextMarks is based in the United States and the information we collect is governed by U.S. law. You understand that your Personal Information may be transferred to -- or maintained on -- computers located outside of your state, province, country or other governmental jurisdiction. If you are located outside the United States and choose to provide Personal Information to us, please note that we transfer your Personal Information to the United States and process it here, and that we may store portions of your Personal Information in the United States.

The time periods for which we retain your personal information will depend on the purposes for which we use it. We will retain your personal information for as long as is necessary to provide the Services, unless applicable law requires we either dispose of it or keep it longer. We may also continue to store your personal information to allow us to resolve disputes, enforce our agreements, comply with legal obligations and/or for other legally permissible purposes consistent with this Privacy Policy.

Personal Information Security

TextMarks takes reasonable measures designed to help protect your Personal Information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. TextMarks uses standard technology to store and help prevent unauthorized disclosure of your Personal Information. Though we undertake commercially reasonable efforts to protect your information, no website, software, or online service is completely safe. Accordingly, you provide all such information at your own risk.

In order to protect your Personal Information, TextMarks uses specific security measures, such Secure Sockets Layer (SSL) protocol, which encrypts information you input at 128-bit strength. This is denoted in most web browsers by a small padlock appearing on the bottom bar of the window and the address of the window changing from http:// to https://, indicating a secure connection.

Advertising and Analytics Services Provided by Others

We may allow others to provide analytics services and serve advertisements on our behalf across the Internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by TextMarks and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Services and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

Your Choices

Account Information

You may update, correct or delete Personal Information about you at any time by logging into your online account or emailing us at tmsupport@textmarks.com. If you wish to delete or deactivate your account, please contact us at tmsupport@textmarks.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

Promotional Communications

You may opt out of receiving promotional emails or text messages from TextMarks by following the instructions in those emails or text messages. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Your California Privacy Rights

Under the CCPA, as a California resident, you have the following rights:

• Right to Know About Personal Information Collected, Disclosed, or Sold: You have the right to request that TextMarks disclose Personal Information of yours we collected, used, disclosed, and sold over the past twelve (12) months.
• Right to Have Personal Information Deleted: You have the right to request that TextMarks delete any of your Personal Information that we collected from you.
• Right to Opt-Out of Sale of Personal Information: TextMarks does not sell Personal Information. Therefore, it is not necessary to opt-out of the sale of Personal Information.
• Right to Non-Discrimination: TextMarks shall not discriminate against California residents for exercising their rights under the CCPA.

To exercise your rights under the CCPA, you may submit a request to TextMarks by contacting us at tmsupport@textmarks.com. When exercising your rights under the CCPA, TextMarks will verify your identity either directly or using a third party verification service.

Under California’s “Shine the Light Law,” California residents have the right to receive information that identifies any third-party companies or individuals that TextMarks has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting TextMarks at the address below.

TextMarks is a Service Provider

TextMarks acts as a service provider for our Customers. The types of Customer Personal Information we collect, and how we use, share, and retain it can be found above.

The Personal Information of End Users is only collected and used within the context of providing our Services to our Customers. For information on how our Customers collect, use, share, and retain End User Personal Information, contact the applicable Customer directly. For assistance with identifying and contacting Customer(s), contact us at tmsupport@textmarks.com or text HELP to the short phone number which you have interacted with.

Obligations under the Telephone Consumer Protection Act (“TCPA”)

As a provider of Services that allow for Customers to create automated and mass SMS (i.e. text messaging) Programs, TextMarks has certain obligations under the TCPA. These obligations include, but are not limited to, tracking End User consent for their phone numbers to be contacted via SMS and maintaining a “Do Not Call” list of End Users’ phone numbers that do not want to be contacted via SMS. In the event TextMarks’ consent tracking obligations under the TCPA prevent TextMarks’ from disclosing and/or deleting Personal Information pursuant to a CCPA request, we will inform you of the same in response to your CCPA request. TextMarks will disclose and/or delete the Personal Information it can and any other Personal Information, such as phone numbers, will only be retained for purposes of compliance with the TCPA. TextMarks shall not be liable for any CCPA requests that cannot be completely fulfilled given our obligations under the TCPA and other applicable state and federal laws.

Purchase or Sale of the Site, Services or Other Assets

TextMarks may purchase other businesses or sell components of its business, including, but not limited to, the Site. In such a circumstance, your Personal Information would continue to be used consistent with the terms of this Privacy Policy until such time as this Privacy Policy is updated or amended by the acquiring party upon notice to you.

How to Stop TextMarks From Collecting your Personal Information

You can stop TextMarks from collecting your Personal Information by contacting us at tmsupport@textmarks.com and requesting that we stop collecting your Personal Information. Additionally, you can adjust your web browser settings to limit or turn off Cookies or other tracking techniques, or you can cease use of the Site and/or Services You may contact TextMarks with any requests regarding your Personal Information.

Children’s Online Privacy Protection Act

The Site and Services are not intended for or directed to users under the age of 18, and TextMarks does not knowingly or intentionally collect Personal Information from children under the age of 13 or other minors. Where appropriate, TextMarks takes reasonable measures to determine that users are adults of legal age and to inform minors not to submit such information to the Website or in response to advertisements. If you are concerned that Personal Information may have been inadvertently provided to or collected by TextMarks, please contact us immediately so appropriate steps may be taken to remove such information from TextMarks’ database.

Contact and Notices

If you have any questions about this Privacy Policy, please contact us at:

TextMarks, Inc.
87 N Raymond Ave. Suite 200
Pasadena, CA 91103
privacy@textmarks.com