Draft: 1 September 2021
Effective date: 1 September 2021
1. Introduction and Application
(a) Txtify Technologies Ltd “Txtify” “us”, “we”, or “our”), is committed to protecting your privacy and the security of your personal information.
(c) By using the Service, you agree to the collection and use of personal information and other information in accordance with this policy.
User: a Paid Plan User or a Free Plan User, or a Visitor.
Paid Plan User: a person who has signed up to a Paid Plan.
Free Plan User: a person how has signed up to a Free Plan.
Visitor: a visitor to the Website (i.e. the Txtify marketing website).
End User: has the meaning give to it in the Terms of Service.
2. What personal information do we collect?
(a) Personal data means information or data about a living individual who can be identified from that information or data (which includes information or data in our possession or which is likely to come into our possession).
(b) We collect several different types of personal information for various purposes. In the table below we have categorised this personal information and describe what is it and how we may collect it.
(c) Types of Data Collected:
This is the personal information that is provided by you (ie a User) when you sign up for and use the Txtify Service.
If you have a Free Plan: Such personal information may include email address, name, username, hashed password, city/country when signing up, any country of last sign-in, Language/browser type, vertical (industry), application data (eg user preference).
If you have a Paid Plan: Such personal information may include all of the information above, plus credit card details (stored by Stripe, not by us), and full name for billing details.
In addition to the above, we may use and store information about Visitors. This is anonymised and aggregated in high quantities, and we remove any personal information as we are interested in the “how” not the “who”.
This includes information on how the Txtify Service is accessed and used by Users and End Users, as well as usernames and passwords, internet protocol (“IP”) addresses (and geographic information from an IP address), browser types, time zone settings, the time spent on webpages, unique device identifiers and other diagnostic data.
We may use and store information about your approximate location (e.g. your country, city or postcode) using geographic information from your IP address. We use this data to provide features of the Txtify Service, and to improve and customise the Txtify Service.
This includes your preferences in receiving marketing communications from us.
(d) Certain aspects of your personal information, for example user data, are required for the Txtify Services and if you fail to supply such information as requested for specific Txtify Services, we may be unable to provide you with the products and services in full and your enjoyment of such products and services may be more limited.
(e) Sensitive data
We do not collect any sensitive personal information about you (this includes details about your race or ethnic origin, political opinions or associations, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association or union, sexual orientation or practices, and criminal record information). Nor do we collect any information about your health, genetic background or biometric personal information.
(f) Children’s data
Our services are not intended for use by children under the page of 13 (the “Age Limit”). If you are under the Age Limit, please do not use the Txtify Service and do not provide us your personal information. If you are a parent or guardian and you are aware that an individual (of whom you are a parent or guardian) under the Age Limit has provided us with personal information, please contact us. We will upon notice or discovery take all reasonable efforts to erase or destroy any personal information that may have been collected or stored by us about that individual.
If you are older than the Age Limit but younger than 18 years’ of age (“Provisional Age Bracket”), you must obtain the consent of your parent or guardian to use the Txtify Service before signing up. If you are a parent or guardian and you are aware that an individual (of whom you are the parent or guardian) in the Provisional Age Bracket has provided us with personal information, please contact us. We will, upon notice or discovery, take all reasonable efforts to erase or destroy any personal information that may have been collected or stored by us about that individual.
3. Why do we collect your personal information?
(a) Txtify uses the data we collect for various purposes, including for the most common purposes listed below:
To provide and deliver the Txtify Services and to assess, maintain and improve the performance of the Txtify Services.
To ensure the Service is relevant to you and your device, to notify you about changes to our Service, and to deliver targeted content based on your user data, location and preferences.
For consumer research and to allow you to participate in surveys or interactive features of our Service when you choose to do so.
To provide customer support and to process and respond to a request or complaint that you may have.
To monitor the usage of our Service and to detect, prevent and address technical issues.
To process any of your transactions and to conduct business planning, reporting, and forecasting.
To deliver promotional materials, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
For the administration of our business including for fulfilling and exercising our obligations and rights, exercising or defending legal claims, and managing the relationship with you.
To comply with our legal obligations and law enforcement requests.
To verify your identity and to detect fraud and potential fraud, including fraudulent payments and fraudulent use of the Service.
4. How do we collect your personal information?
(a) We will collect personal information directly from you wherever it is reasonable and practical to do so. We may collect personal information from you via:
your use and access of the Txtify Services, including during your registration as a user;
website links, social media or through any other platform or channel where you make personal information available to us;
your response to any surveys or marketing materials we send out;
information and recommendations uploaded to the Txtify Services by yourself or by other users; and
interactions between yourself, other users of the Txtify Services, and our staff.
(b) We may also collect your personal information from third parties including:
third parties who partner with us and help us provide our Txtify Services;
third parties that provide us with marketing leads;
third parties for whom we provide marketing and data analysis services; and
via public sources or when you connect with a social network service when using and accessing the Service.
(c) The legal basis for collecting and using personal information will depend on the specific circumstances in which we collect that data. However we will collect personal information from you where:
it is necessary for the performance of a contract to which you are a party (including in connection with the Txtify Services);
you have consented to our use of the personal information for one or more purposes;
the processing is in the legitimate interests pursued by us, and those interests are balanced against your rights to privacy and do not override your interests or fundamental rights to the protection of your personal information; and
to comply with a legal obligation and the law.
5. Who we may disclose your personal information to?
(a) Third party disclosure
We may disclose your personal information to various third parties. These third parties are likely to include:
technology and media partners in connection with the services that these third parties perform for us;
our lawyers, accountants and professional advisors;
other third party service providers, such as third party branding service providers;
to Txtify related companies;
to law enforcement authorities where we are required to do so by law or as a result of a legal process;
third party payment processors.
(b) In relation to 5(a)(7) above, because we provide paid products and/or services within the Service, we use third party services for payment processing. We will not store or collect your payment card details. That information is provided directly to our third party payment processors whose use of your personal information is governed by their privacy policies and their own terms and conditions. These payment processors adhere to the standards set by payment card industry data security standards (“PCI-DSS”) as managed by the Payment Card Industry Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. The payment processors we work with are:
(c) Disclosure of personal information to other countries
Txtify may transfer personal information to the United States and other countries in which we do business. Txtify may also subcontract certain activities and share your personal information with third parties located outside of Canada (which is where we are headquartered).
Necessary cookies: are those that are essential to run our website or to enable you to receive a service that you have requested. For example, to operate a Users’ session or any other request type functionality on the Service.
Performance cookies: are those that collect information about how visitors use and interact with our website so that we can improve it. For example, we use Heap Analytics to track anonymous information about how visitors use our Service. This only collects statistical information such as the number of visitors to the Service, how they arrived there (i.e. via a Google search or another website), whether it is a first-time or return visit, etc.
Functionality cookies: are those that remember the choices you make. Without these cookies you may find that certain features are less convenient and reliable. For example, we use these to remember your language and country of choice and to present relevant content or collect statistical information for our User analytics.
Marketing cookies: are those that help us deliver advertising that is more relevant to you and your interests. They include third party cookies placed by our partners and other advertisers who share cookie data with us. For example, we use these cookies to re-target our advertising to appropriate audiences within our advertising partners’ platforms, such as Facebook advertising.
(d) The Txtify Service may also use third party website tools from time to time, for example data analytics and online survey tools. These third parties have access to your personal information only to perform these tasks on our behalf and are prohibited from disclosing or using it for any other purpose. These service providers may change from time to time, but they generally include the following:
Google Analytics and Google Adwords
Google AdWords remarketing service is provided by Google Inc. You can control the information Google uses to show you ads here http://www.google.com/settings/ads. For more information on the privacy practices of Google, please visit the Google Privacy Terms webpage http://www.google.com/intl/en/policies/privacy/.
Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting this webpage https://www.facebook.com/help/516147308587266/how-ads-work-on-facebook/?helpref=hc_fnav. To opt-out from Facebook's interest-based ads follow these instructions from Facebook available here https://www.facebook.com/help/568137493302217. Facebook adheres to the self-regulatory principles for online behavioural advertising established by the Digital Advertising Alliance. This means you can opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA here http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada here http://youradchoices.ca/, or the European Interactive Digital Advertising Alliance in Europe here http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook's Data Policy available here https://www.facebook.com/privacy/explanation.
(e) Your web browser can also be configured to reject cookies. If you set up your web browser to reject cookies certain functions of the Website may become unavailable to you.
7. Direct marketing communications
8. How long do we retain your personal information?
9. How do we secure your personal information?
(a) We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.
(b) In addition we limit access to your personal information to employees, agents, contractors and other third parties who have a business need for access. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
(c) While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Therefore we have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
10. Links to other sites
11. What are your rights in relation to personal information?
(a) Access and correction of personal information
We take reasonable steps to ensure that the personal information we handle is accurate, complete and up-to-date. If you become aware of any errors in your personal information or, if you change your personal information, please let us know.
If we are unable to, or if we are unwilling to provide you with access to any of your personal information, or to correct any of your personal information, we will provide you with our reasons to the extent required by applicable law.
You may also contact us if you wish to obtain further information regarding our privacy practices and the way we handle your personal information.
(b) Other rights
Subject to certain limitations and restrictions (e.g. depending on circumstances such as where you reside) you may have the right to exercise additional rights in relation to your personal information. This may include the rights under the General Data Protection Regulation (the “GDPR”). Accordingly, the following rights might be available to you depending on your location and except as limited under applicable law. These may include the right to:
1. Access, update or to delete the information we have on you
2. The right of rectification
You have the right to have your information rectified if that information is inaccurate or incomplete.
3. The right to object
You have the right to object to our processing of your personal information.
4. The right of restriction
You have the right to request that we temporarily or permanently restrict the processing of your personal information.
5. The right to data portability
You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
6. The right not to be subject to automated decision making
You have the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect or produce a significant effect on you.
7. The right to withdraw consent
You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.
(c) Please note that in order to verify your request or the applicability of any of these right to your circumstances, we may ask you for further information and to verify your identity before responding to such requests.
(b) We may need to contact you to request further details of your complaint. If an investigation has been opened following a complaint made by you, then we will contact you with the result of that complaint as soon as possible. In the unlikely circumstances we are unable to resolve your complaint to your satisfaction, you may contact the local privacy and data protection authorities in your jurisdiction.
14. Contact Us
By email using email@example.com
By visiting this page on our website: help.txtify.io
If you want to request any information about how we process, store or use your data or anything relating to personal information and privacy laws, please use our Privacy and Data request form.
If you are located in the EU, you may also contact our EU representative using the following contact details: Instant EU GDPR Representative Ltd, Adam Brogden, firstname.lastname@example.org, Tel +353 15 549 700, https://Txtify.gdprlocal.com/eu, Instant EU GDPR Representative Ltd 69 Esker Woods Drive, Lucan Co. Dublin Ireland
If you are located in the United Kingdom, you may also contact our UK representative using the following contact details: GDPR Local LTD, Adam Brogden, email@example.com, +441 772 217 800, https://Txtify.gdprlocal.com/uk, GDPR Local Ltd 1st Floor Front Suite 27-29 North Stree, Brighton England BN1 1EB