PRIVACY AND ANTI-SPAM POLICY
Last Updated: August 15, 2019
To the extent we provide you notice on our Site of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.
- What Information Do We Collect?
(a) Information You Provide to Us
(b) Information We Collect and Store As You Access and Use the Site
In addition to any Personal Information or other information that you choose to submit to us via our Site or we obtain as a service provide to our Creators, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect and store certain information whenever you visit or interact with our Site or messages sent through our Site (“Usage Information“). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device“) whenever you visit or interact with our Site. Usage Information may be non‑identifying or may be associated with you. Whenever we associate Usage Information with your Personal Information, we will treat it as Personal Information. This Usage Information may include:
- your IP address, UDID or other unique identifier (” Device Identifier“). A Device Identifier is a number that is automatically assigned to your Device used to access the Site, and our computers identify your Device by its Device Identifier;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the URL that referred you to our Site;
- the areas within our Site that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- certain other Device data, including the time of day, among other information.
We may use various methods and technologies to collect and store Usage Information (“Tracking Technologies“). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
Cookies . A cookie is a data file placed on a Device when it is used to visit the Site. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies, go to Adobe’s website www.adobe.com. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Site may not function properly, and that when you revisit our Site your ability to limit cookies is subject to your browser settings and limitations.
Web Beacons . Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Site’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page, message or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site, to monitor how users navigate the Site, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts . An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.
Browser Fingerprinting . Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
ETag, or entity tag . A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash and/or HTML5 cookies.
Recognition Technologies . Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
We may use Tracking Technologies for a variety of purposes, including:
Targeting‑Related . We may use Tracking Technologies to deliver content relevant to your interests on our Site and third‑party sites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that have been delivered to you.
(c) Information Third Parties Provide About You
(d) Interactions with Third-Party Services
(e) Information You Provide About a Third Party
You may send someone else a communication from the Site, such as sending an invitation to a friend. If so, the information you provide (names, email addresses, mobile number, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Site, your email address, mobile number, name or user name and message may be included in the communication sent to your addressee(s).
(f) Do Not Track Disclosures
Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
- How Do We Use the Information Collected?
We may use your Personal Information, Demographic Information or Usage Information for various purposes, including:
- to provide the mobile messaging services to our Creators that we have specifically been engaged to provide as a service provider;
- to process transactions or provide users of our Site with information, such as to send electronic newsletters or to provide special offers or promotional and marketing materials on behalf of us, or Creator’s or third parties, including to let users know about new products, services or upcoming events;
- to improve the Site, our Site offerings and our Creator’s campaigns;
- to customize each user’s experience or to serve users specific content or ads that our Creators believe are relevant to that user;
- to provide customer support;
- to enable you to participate in a variety of the Site’s features;
- to contact you with regard to your use of the Site and, in our discretion, changes to the Site and/or Site’s policies;
- to improve the overall experience at the Site;
- for internal business purposes; and
- How and When Do We Disclose Information to Third Parties?
(a) Third Parties Providing Services on our Behalf. We may use third-party vendors to perform certain services on behalf of us, the Site, such as: (i) to assist us in operations; (ii) to manage a database of customer information; (iii) hosting; (iv) designing and/or operating features; (v) tracking activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third party technologies or activities arising out of them. For example, we and our third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie). To learn more about how to opt out of Google’s use of the Google Analytics cookies, visit here . We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.
(b) Administrative and Legal Reasons . We may access, use, preserve, transfer and disclose your information (including Device Identifiers and Personal Information) to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect the safety, rights, property or security of the Site or any third party; and/or (iii) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law. Such disclosures may be carried out without notice to you.
(c) Affiliates and Business Transfer . We may share your information, including your Device Identifiers and Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Site or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
- Do Third-Party Content, Links to Third-Party Sites and/or Third-Party Apps Appear on the Site?
The Site may contain content, links or apps that are supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Site are served to you for their own commercial purposes. In addition, when you are on the Site you may be directed to other sites and apps that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites or apps and they may be tracking you across multiple online services and may be sharing the results of that tracking with us and/or others. These third parties may have their own terms of service, privacy policies or other policies and ask you to agree to the same. For example, if you “click” on a link, the “click” may take you off the Site onto a different location. These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal Information, and may or may not have their own published privacy policies. We are not responsible for these third-party privacy policies or the practices of third-party parties. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications. We also encourage you to note when you leave our Site and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
- How Do I Change My Information?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. You may to provide updates and changes to your Personal Information by contacting us via email at email@example.com. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons.
- What About Transfer of Information to the United States?
- What Should Parents Know About Children?
The Site is a general audience website and we do not knowingly collect any personal information from children younger than the age of thirteen (13) as required by U.S. law. We will delete any personal information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personal information to us, please contact us via email at firstname.lastname@example.org.
- What About Security?
We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Site and provide us with your information at your own risk.
- Information on Opt-out of Campaigns for our Creators’ Users
MessageTribes offers services enabling its Creators to send messages via text messages. This Section is designed for those users who received a message from a MessageTribes Creator. If you believe you have received unwanted, unsolicited text messages from the MessageTribes platform, please contact us via email at email@example.com. To unsubscribe from any MessageTribes Creator campaign, simply text ‘STOP’, ‘REMOVE’, ‘CANCEL’, ‘END’, ‘QUIT’, ‘OPTOUT’ or ‘UNSUBSCRIBE’ or contact us via email at firstname.lastname@example.org. We will send you a SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us unless you opt-in to a different campaign. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. As always, message and data rates may apply for any messages sent to you from us and to us from you.
We ensure that all subscribers can opt-out quickly, easily, and permanently from unwanted SMS communications. This is done by sending a text message reply from your mobile phone with one of the following words STOP, REMOVE, CANCEL, OPTOUT, UNSUBSCRIBE, END or QUIT.
Our Definition of Spam
We consider any unsolicited, unexpected, or unwanted text message as Spam. Done! End of subject! We do NOT allow use of 3rd party lists, whether consent has been gathered or not. We believe that any type of communication sent to a subscriber about an unrelated subject, that the subscriber did not request, to be Spam.
We follow an ANTI-SPAM policy for all of our communications protocols. This means that we do not condone UNSOLICITED TEXT MESSAGES; NOTIFICATIONS; ALERTS; OR ANY MESSAGES THAT YOU MAY RECEIVE FROM SOMEONE WHO SHOULD NOT HAVE YOUR MOBILE NUMBER. Please let us know about any abuse, including the sender ID, your Mobile Number (to be removed); the date and time you received it and the contents of the message. To report any abuse or violations of inappropriate use of our service, please contact us with your comments/complaints. Your report will be registered and the Creator will be investigated for violations of our Anti-Spam Policy. The identity of any individual reporting abuse will be kept confidential. You can email us at email@example.com
Anti-Spam Policy Enforcement
In our Terms of Service agreement, our Creators specifically agree NOT to use our services to send unsolicited Text Messages or Spam. ll Text Messages sent using our services can be tracked and so removed from the sender list.
We support STOP, REMOVE, CANCEL, OPTOUT, UNSUBSCRIBE, END or QUIT. Creators have the ability to remove mobile numbers. We maintain an OPT-OUT list that restricts our Creators from adding your mobile number to their list that has been previously Opted-Out, and a Global Block List. If we suspect a violation of our Anti-Spam policy, we will contact the Creator and discuss the Creator options, which may range from crushing their computers, a warning, to termination of service for that Creator. To the best of our knowledge, our system adheres to ALL state and national laws regarding sending unsolicited bulk and group text messages.
SPAM and ABUSE REPORT: STOP, REMOVE, CANCEL, OPTOUT, UNSUBSCRIBE, END or QUIT
If you wish to remove yourself from any list, please email us at firstname.lastname@example.org with a STOP, REMOVE, CANCEL, OPTOUT, UNSUBSCRIBE, END or QUIT in the subject line. Please include your mobile phone number in the email so that we know which phone number to remove. You also may reply to the text Message you received by replying and typing in any of these keywords: STOP, REMOVE, CANCEL, OPTOUT, UNSUBSCRIBE, END or QUIT. Also, you may send a text message reply containing the word STOP, REMOVE, CANCEL, OPTOUT, UNSUBSCRIBE, END or QUIT from your mobile phone.