Privacy Statement for One by SMS Assist – Affiliate Portal and Application
This Privacy Statement for One by SMS Assist – Affiliate Portal and Application (“Privacy Statement”) is effective as of July 18, 2016.
You are being granted access to One by SMS Assist – Affiliate Portal and Application (“One”) as a result of a written agreement (the “Affiliate Agreement”) or other agreement between you, or your employer or other applicable party (“Employer”), and SMS Assist, L.L.C. (“SMS Assist” or “We”). This Privacy Statement applies solely to information and data you may provide to us or we collect from you when you use One and describes how and when SMS Assist collects, uses, and shares such information and data. This Privacy Statement does not apply to information or data collected by SMS Assist through any means other than in connection with your use of One, such as offline, through the www.smsassist.com website, or by any third party through content (including advertising) that may be accessible from any publicly available website. The information collected or received by such third parties, is subject to their own privacy policies or practices and under no circumstances is SMS Assist responsible or liable for any third party information collection. In the event of a conflict between the Affiliate Agreement and this Privacy Statement, the Affiliate Agreement shall control.
By using One, you consent to the collection, transfer, manipulation, storage, disclosure, and other uses of your information as described in this Privacy Statement. If you do not agree with our policies and practices, then you may not use One or give us any of your information and you should discuss this choice with your Employer. Irrespective of which country you reside in or supply information from, you authorize SMS Assist to use your information in the United States and any other country where SMS Assist operates. We may process your Personal Information on a server located outside the country where you live.
We collect information and data through One, which may include:
· Personal Information. We may ask you to disclose certain information, such as your name, address, e-mail address, telephone number, or other personally identifying information (“Personal Information”).
· Non-personally identifying information. We may also ask you to submit other information which is non-personally identifying, such as transaction information, pictures, video, or other information which does not identify you personally.
· Information about your device, internet connection and usage details. We may also collect information automatically when you use One, such as information about your device (which term includes personal computers, laptops, tablets, phones, and other hardware), your browser, your internet connection, your IP address, and how you use One.
·
Geolocation Information. The
act of downloading and using One on a mobile device signifies your
acknowledgement that One contains global positioning system (GPS) technology
which will allow SMS Assist to know the physical location of your mobile device
at all times (subject to carriers' cellular phone and data service coverage).
a. Information You Provide to Us
As you use One, we may collect any information that you provide to SMS Assist, which may include:
· Your search queries on One.
As you use One, we may use automatic data collection technologies to collect certain information about your device, use and access of One, or patterns of use, which may include:
· Device Information. We may collect device-specific information, such as your hardware model, operating system version, and unique device identifiers.
· Log Information. When you use One, we may automatically collect and store certain information. This may include:
o the specific services used through One, and details of how you used such services;
o Internet protocol address (a number assigned to your computer when you use the Internet);
o device event information, such as crashes, system activity, device settings; or
o cookies that may uniquely identify your browser or your device.
· Local Storage. One also may access metadata and other information associated with certain files stored on your device which relate to One. This may include, for example, time, date, or location tags included in photographs, audio, and video clips. We do not, however, access any data from contact files, calendar, call logs, or text messages.
· Mobile and Location Information. When you use One on a mobile device, we may receive information about your location and your mobile device, including a unique identifier for your device. In such event, we may collect and process information about your actual location using GPS signals sent by your mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers.
· Cookies. When you use One, SMS Assist will use automated information gathering tools, including cookies (small strings of text sent by our servers and stored by your browser on your device hard drive), which will allow us to record how you use One, assess overall activity, track interest in particular features of One, diagnose problems with our servers and troubleshoot technical concerns. You may refuse to accept browser cookies by activating the appropriate setting on your device. However, if you select this setting you may be unable to access certain parts of One, and if you decide to do so you should discuss this with your Employer. Unless you have adjusted your device setting so that it will refuse cookies, our system will issue cookies when you direct your browser to One.
When you use One, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
· Analytics companies;
· Your device manufacturer; and
· Your internet provider.
These third parties may use tracking technologies to collect information about you when you use One. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content outside of One. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org, and you may opt out of receiving cookies from third party advertising networks by going to the Network Advertising Initiatives cookie opt out page, which can be found at http://www.networkadvertising.org/managing/opt_out.asp.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We use the information we collect from One to provide, maintain, protect and improve One, to develop new services or products, and to protect both SMS Assist and our users. Specifically, we use your information to:
· To present One to you;
· To communicate with you – either through email, telephone, or otherwise;
· To ensure that work performed at the request of SMS Assist is done in a quality manner. Specifically, we may use your information to carry out our contractual obligations with our customers and to enforce our rights arising from any contracts which are binding upon SMS Assist with respect to the work we perform. Specifically, we may use photographs and/or location data to verify that work is completed in accordance with all contractual requirements which are binding upon SMS Assist;
· To improve your user experience and the overall quality of One; including to develop new technologies;
· To run reports regarding the efficiency of work performed for our customers;
· For internal business purposes;
· For inclusion in our data analytics;
· To troubleshoot technical problems or other difficulties;
· Meet any applicable law, regulation, legal process, or enforceable governmental request;
· Enforce the Affiliate Agreement, other agreement, or applicable Terms of Service and/or Acceptable Use Policy governing your use of One, including investigation of potential violations;
· Detect, prevent, or otherwise address fraud, security or technical issues; and
· Protect against harm to the rights, property, or safety of SMS Assist, our users or the public as required or permitted by law.
· In any other way we may describe when you provide the information; and
· To fulfill any other purpose for which you are providing information.
We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Statement.
We may disclose information we collect or you provide, including Personal Information, as described below:
· To our subsidiaries and affiliates;
· To the party to the applicable Affiliate Agreement (whether you or your Employer);
· To our customers, third party contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;
· To verify transactions are completed and for quality assurance purposes. We provide transaction data to our customers (such as photographs and location information) in order to verify that certain services are performed in the highest quality manner and in conformance with all contractual obligations which are binding upon SMS Assist. We may also share certain limited data (not including any Personal Information) with prospective customers in order to demonstrate the quality of SMS Assist’s One and technology;
· To enforce any rights that we may have under contract or to ensure compliance with the terms of any agreement to which SMS Assist may be subject;
· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SMS Assist's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by SMS Assist is among the assets transferred;
· To fulfill the purpose for which you provide it;
· For any other purpose disclosed by us when you provide the information;
· As described elsewhere in this Privacy Statement
· With your consent; and
· If we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
o meet any applicable law, regulation, legal process or enforceable governmental request;
o enforce the Affiliate Agreement, other agreement, or applicable Terms of Use and/or Acceptable Use Policy governing your use of One, including investigation of potential violations;
o detect, prevent, or otherwise address fraud, security or technical issues; and
o protect against harm to the rights, property or safety of SMS Assist, our users or the public as required or permitted by law.
We may disclose aggregated information, without restriction, about our users (including you) and use of One; provided such information does not identify any individual.
We do not engage in the collection of personally identifiable information about your activities over time and across third party websites or online services. Accordingly, we do not currently process or comply with any web browser’s “do not track” signal or other mechanisms that provide consumers with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third party websites. However, we may from time to time allow third party companies to collect certain non-personally identifiable information. See the description under “Third Party Information Collection” above.
SMS Assist works hard to protect our users from unauthorized access to One or unauthorized alteration, disclosure, or destruction of information we hold. In particular:
The safety and security of your information also depends on you. Where we have implemented security measures to restrict access to certain areas of One, you are responsible for abiding by all such security measures, including keeping any passwords confidential and restricting them only to authorized users.
We ask you not to share your access with anyone who is not employed by your organization, is not under an agreement to keep such access strictly confidential, and does not have a need to know such information.
Unfortunately, the transmission of information via the internet (especially wireless internet) is not completely secure. Although we do our best to protect your information, especially all Personal Information, we cannot guarantee the security of your Personal Information transmitted through One. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
We strive to provide you with choices regarding the Personal Information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
· Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, or block the use of other tracking technologies, some parts of One may then be inaccessible or not function properly.
· Location Information. You can choose whether or not to allow One to collect and use real-time information about your mobile device's location through the device's privacy and location settings. If you block the use of location information, some parts of One may then be inaccessible or may not function properly. Specifically, if you do not allow One to access your location information, you may not be able to properly check in and check out certain services or complete your transactions via your mobile device.
If you decide not to allow your device to use Location Information or to refuse all or some cookies, you should discuss this with your Employer.
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. See “Third-Party Information Collection” above with regards to opting out of receiving targeted ads from members of the Network Advertising Initiative.
We aim to provide you with access to your Personal Information provided to us as a result of your use of One. If that information is wrong, then you may update it or delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your Personal Information, we may ask you to verify your identity before we can act on your request.
We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
One is not directed to persons under 13, and we do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with Personal Information, we take steps to remove such information and terminate the child’s account.
We may revise this Privacy Statement from time to time. If we make a change to this policy that, in our sole discretion, is material, we will notify you via update or email to the email address associated with your account. By continuing to access or use One after those changes become effective, you agree to be bound by the revised Privacy Statement.
If you have any questions or comments about this Privacy Statement, please contact us at privacy@smsassist.com.