Date of Latest Revision: September 30, 2022
Background and Definitions
Minimum Age Applicable
The Platform is designed for Users who are eighteen (18) years of age or older. Textr shall never knowingly target or advertise to minors. Any User under the age of eighteen (18) should not be using the Platform or the Services, except with such User’s parent or lawful guardian’s approval and knowledge.
1. PERSONAL DATA COLLECTION
Privacy laws and data protection legislation define personal information as information pertaining to an identifiable individual, also referred to as a natural person, thereby allowing for the identification of an individual. Personal information may include, without limitation, the User’s name, address, email address, credit card number, and other private or personal information regarding the specific individual.
Textr acknowledges the importance of protecting personal information provided on the Platform or obtained from such Platform. Consequently, Textr shall only collect personal information that is voluntarily provided by the User on the Platform. When creating an Account on the Platform, Textr shall gain access to the information inputted by the User. Such information may include the User’s name, contact information and address.
Indirect identifiers refer to information regarding an individual that may not be used in isolation to identify such individual. Indirect identifiers may be used in combination with other information to specifically identify an individual. Indirect identifiers include geographic location and browsing history.
Collection of Voluntarily Provided Personal Information
Collection of Information from User Accounts
To benefit from the Services offered on the Platform, the User may create a user account (the “Account”) on the Platform. For purposes of the creation of an Account, the User shall be required to provide certain information, including, without limitation, the User’s name, email address, physical address, phone number, contact information, and location. The User shall be responsible for ensuring the personal information provided on the Platform is true, accurate and complete. The User shall not be required to provide its credit card information or payment information to create an Account on the Platform. Such financial information shall be provided by the User at its discretion and voluntarily.
The User shall be responsible for selecting a User ID and password to access and secure the User’s Account. The password selected by the User shall be difficult to guess and the User shall maintain the confidentiality thereof. If the User suspects that its User ID or password has been compromised, the User shall immediately change its password and User ID.
Upon the User’s creation of an Account, Textr shall gain access to a number of indirect identifiers, such as the location from which the User accessed the Platform, the User’s list of contacts, and diagnostics of the User’s device, including data performance, crash data and other diagnostic data. Textr shall attribute an ID to the User’s device used to access and use the Platform.
Certain products and Services on the Platform shall be available for purchase, subject to the payment of the applicable price and associated fees. Payments may be effected by Users on the Platform by way of credit card or via third party payment processors. To process an order and make the corresponding payment, Users shall be required to input their payment information, which may include the User’s credit card number, billing address, and other related information. Users acknowledge that upon purchasing products or Services on the Platform, Textr may obtain data relating to the transaction, including the payment of used, the value of purchased products or Services and other relevant information. For reference purposes, Textr shall not retain any information relating to Users’ credit cards or payment information in Textr’s servers.
Passively Obtained Information and Browser Cookies
In addition, Textr may obtain information resulting from the User’s usage of the Platform. Such information shall include the time spent on the Platform, the Services purchased, and other information relating to the usage of the Platform and the Services.
Textr may obtain information passively from browser cookies, as indicated in Textr’s Cookie consent notice, which is intended to notify Users of Textr’s usage of browser cookies and the corresponding personal information collected, if applicable. Textr may also passively obtain information from other technologies, including, without limitation, information relating to browsing history, preferences, location and the device used to access the Platform. Browser cookies consist of small data files inputted or downloaded on the User’s hard drive or mobile device. Textr shall use browser cookies on the Platform to improve the functionality of the Platform and the Services provided. Browser cookies shall allow Textr to secure information regarding the User’s selected preferences, languages and other options to facilitate subsequent usage of the Platform.
For information purposes, the User may disable browser cookies by adjusting settings or removing them. The User acknowledges that the removal of browser cookies may result in certain portions of the Platform being unavailable or unusable. As such, the Platform may function at an optimal level if browser cookies are disabled.
2. TEXTR’S USAGE OF PERSONAL INFORMATION
Provision of the Services
Textr shall use personal information provided and collected from the Platform to provide the Services to the User. The personal information shall be used by Textr to process payments made by the User, if applicable. Textr shall further use personal information to communicate with the User, respond to the User’s inquiries, and provide support with regard to the Platform.
Promotional Emails and Marketing
The User acknowledges and agrees that Textr may use personal information to send promotional emails with respect to the Account, or other matters relating to the Platform. Textr may also use the personal information provided to send notifications to the User which relate to the Platform. The User may opt out of receiving notifications and promotional emails regarding the Platform by unsubscribing according to the instructions published on the Platform or contained in the email sent by Textr.
Textr shall be permitted to disclose and share personal information obtained from the Platform pursuant to a legal obligation or a court order. Textr shall use its best efforts to notify the affected User prior to the communication of its personal information, however, the User recognizes that due to stringent deadlines, it may not be possible for Textr to notify the User in advance. When sharing personal information pursuant to a legal obligation or court order, Textr shall share the minimum personal information required to satisfy the court order or legal obligation.
Statistics and Performance Data
The personal information collected from the Platform may be used for statistical purposes, including to determine and analyze performance data, metrics and statistics relating to Users, their usage, purchases, location, and age.
Usage for Specific Purposes
Textr shall be entitled to use the personal information and indirect data identifiers secured from the Platform to fulfill any of the following purposes: (a) in furtherance of a legal obligation or applicable court order, (b) for reasons of public interest or if the data is considered to be part of the public domain; and/or (c) according to the User’s explicit authorization (as further detailed).
Explicit Authorization Granted by the User
Disclosure to Textr’s Affiliates
Third Party Advertisements
The Platform may feature advertisements emanating from Google Ads and other third party advertisers. Textr may use personal information, either personally identifiable or indirect identifiers, for purposes of facilitating the provision of advertisements on the Platform.
Users acknowledge and agree that Textr may use information secured from cookies and beacons as well as similar technologies to obtain information regarding the usage of the Platform and such information may be delivered and shared with third party advertisers. Further, upon viewing an advertisement on the Platform, the third party advertiser may receive indirect information such as IP addresses from cookies and other technologies. The third party advertiser may use such information to provide targeted ads based upon User preferences or interests.
3. MAINTENANCE AND STORAGE OF PERSONAL INFORMATION
Maintenance and Storage in Secure Servers
Textr shall maintain and store the personal information and indirect identifiers collected from the Platform in Textr’s servers or in a mandated third party hosting service provider’s secure servers. Textr shall ensure the third party hosting service provider complies with stringent privacy and confidentiality measures to protect the integrity of the information stored and maintained by such third party hosting service provider.
Storage of Payment Information
Any data pertaining to payments and credit cards shall be handled by the payment processing company selected by Textr to handle payment processing. Textr and the selected payment processing company shall be responsible for maintaining the security and confidentiality of the payment information provided by the User.
Rights Granted to the User
Considering the User provided personal information on the Platform, the User shall benefit from certain rights in connection with the information provided. The User shall have the right to be informed of Textr’s collection and usage of the User’s personal information. The User may send Textr an email requesting copies of the User’s personal information collected and used by Textr. Textr shall benefit from a reasonable delay as of its receipt of the User’s email to provide the information and data request. Textr reserves the right to refuse or limit the provision of such information if the User’s request is unreasonable or too extensive, as determined by Textr at its sole discretion.
The User shall benefit from the right to request changes or corrections to the personal information provided on the Platform. As such, the User may make such corrections by accessing the relevant Account and entering the appropriate changes therein. If the changes cannot be made using the Account, the User may send Textr an email requesting for the changes to be made with regard to the User’s personal information. Upon Textr’s receipt of the User’s email, Textr shall employ reasonable measures to make the appropriate changes in a timely manner.
All personal information and data held by Textr shall be maintained and stored indefinitely. Notwithstanding the foregoing, Textr agrees to delete the personal information of the User upon the User’s request. The User may send Textr a written request to this effect by sending an email to [email protected].
Links to Third Party Websites and Applications
4. NEVADA RESIDENTS
Users residing in the State of Nevada shall be entitled to opt out of having their personal data or information sold to a third party or broker. The Nevada Privacy of Information Collected on the Internet from Consumers Act, commonly abbreviated as the Nevada Privacy Law, falls under the Nevada Revised refers to personal information and data as “covered information”. As such, covered information constitutes any personally identifiable information collected by the Platform, such as the User’s first and last names, and email address.
To ensure Textr receives and process the User’s request to opt out, such request must be addressed to Textr’s customer support and sent the following email address: [email protected].
5. CALIFORNIA RESIDENTS
Users residing in the State of California are governed by and subject to the California Consumer Privacy Act (CCPA). The CCPA grants California residents the right to request access to the personal information stored by a business, as well as obtain information regarding the categories of personal information collected by the business. Users residing in the State of California shall further benefit from the right to request the deletion of the personal information held. To protect Users residing in the State of California, a business shall be prohibited from discriminating against Users for exercising the rights granted by the CCPA.
Within a reasonable after receiving a valid request sent by a User based in the State of California and provided such request is lawful and compliant with legal requirements, Textr shall disclose information regarding its collection, disclosure and usage of the requesting User’s personal information. Upon request by a User residing in the State of California, and on the condition that such request is founded, Textr shall proceed with the deletion of the personal information requested.
6. EU (EUROPEAN UNION) RESIDENTS
Users residing in the European Union and European Economic Area (collectively, the “EU Users” and each, an “EU User”) benefit from protection and transparency regarding their personal data as well as the collection, usage, storage, maintenance and processing thereof. The data protection and privacy obligations appliable to data controllers and processors are set forth in the General Data Protection Regulation (the “GDPR”).
As Textr has the ability to collect, structure, store, retrieve, adapt, use, or otherwise disclose personal data, Textr shall subject to the obligations applicable to data processors as set forth in the GDPR. All personal data submitted by EU Users on the Platform shall be handled and treated by Textr according to the terms of the GDPR.
The GDPR contains obligations pertaining to personal data, which the law defines as: “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”. The GDPR’s definition of personal data has been copied hereinabove in quotations solely for reference and information purposes.
The GDPR further defines the term “processing” as any operation or set of operations performed on personal data or on sets of personal data, including, and without limitation of any kind, the collection, recording, organisation, storage, adaption, alteration, use, disclosure, disseminate, destruction, and restriction.
Personal Data Collection
EU User Rights
To exercise their right to be informed, EU Users shall submit a written request by email to [email protected] specifying the type of information sought. Following Textr’s receipt of the request for information, Textr shall secure and submit copies of the personal data submitted by the requested EU User on the Platform. EU Users shall further benefit from the right to obtain information regarding Textr’s processing of their personal data.
Right to Access: EU Users shall benefit the right to obtain information regarding the transmission of personal data outside of the European Union (EU). The GDPR specifies that personal data may be transmitted to countries that comply with stringent privacy and data protection laws, thereby ensuring that personal data collected by the data controller or processor is afforded a high level of protection.
Right to Rectification: Textr shall apply reasonable measures to verify that the personal data held on file is accurate and correct. It is however possible for Users to input incorrect information, or for the information on file to be incomplete or otherwise inaccurate. In consideration thereof, if an EU User finds or has reason to believe the personal data held by Textr and relating to such EU User is incorrect, erroneous or invalid, then the EU User shall have the right to request the rectification of the false information. Moreover, in the event that an EU User finds that the personal data held by Textr in its servers is incomplete, the EU User may request for Textr to add to or otherwise supplement the personal data.
Requests for rectification and additions to personal data shall be submitted by the relevant EU User to Textr’s customer support by email ([email protected]). EU Users shall also have the option of directly updating their personal data by making appropriate changes using their relevant Accounts.
Right to be Forgotten: Any EU User who possesses a registered Account on the Platform may delete the Account by following the instructions specified in such Account or on the Platform. The deletion of an Account shall cause the deletion of all personal data in connection with such Account. Users acknowledge that pursuant to the deletion of an Account, Textr shall retain the associated EU User’s personal data for thirty (30) days thereafter.
EU Users may request the deletion of their personal data from Textr’s servers by sending an email to Textr Customer Support at [email protected]. Any deletion requests shall specify the personal data the EU User wishes to have removed, and reasons to support the deletion thereof. Textr undertakes to delete personal data from its servers if any of the following conditions are met: (i) the EU User’s personal data is no longer required to fulfill the purpose for which it was collected, or (ii) the EU User has withdrawn its consent to have Textr hold its personal data or such consent has expired or been terminated by the EU User and Textr determines that there is no legitimate reason to maintain the personal data on file.
Right to data portability: Requests to obtain copies of personal information in a structured machine-readable format shall be submitted by email to [email protected]. Upon request by the EU User, Textr shall provide the EU User’s personal data in a machine-reasonable, structured and commonly readable format, thereby allowing the EU User to download, transfer or otherwise store its personal data for the User’s purposes.
Right to Revoke Consent: EU Users may explicitly consent to Textr collecting and/or using their personal data for the purposes set forth in such consent. Any EU Users who provided such a consent to Textr shall benefit from the right to revoke such consent at any given time. To revoke a consent, the EU User shall submit a written request to Textr’s customer support by way of email.
Handling of Requests
In compliance with the terms of the GDPR, Textr shall address all requests submitted by EU Users in a prompt and diligent manner. Textr shall endeavour to respond to all such requests in a timely fashion to notify the requesting EU User of the status of the request and the information, or lack thereof, to be provided by Textr. As such, Textr shall respond to all requests received, even if Textr is unable, or otherwise unwilling to fulfill the request. Further, Textr is unable to guarantee that it shall respond within the timeframe requested or expected by the EU User.
Moreover, Textr reserves the right to not fulfill a request submitted by an EU User if such request is deemed frivolous or grossly impractical by Textr. Further, Textr shall be under no obligation to fulfill any request that would jeopardize, limit, restrict or otherwise impede on other Users’ rights. Textr shall not fulfill requests that are incompatible with or otherwise violate applicable laws.
In certain cases, Textr may require additional information from the requesting EU User in order to properly evaluate the request. Such additional information may consist of the EU User’s personal data. The EU User shall submit all additional information requested by Textr in a timely manner to avoid any delays in the processing of the request.
EU Users acknowledge that some requests and inquiries may require more profound research and investigations, which may delay Textr’s response time. In all cases, Textr shall only be responsible for providing information that is reasonably and readily available. In consideration thereof, EU Users agree to fully release Textr from liability or claims in connection with a tardy response or an incomplete response to EU User requests.
In accordance with the terms of the GDPR, personal data may not be transferred to countries that do not comply with data protection legislation. As such, Textr shall not transfer personal data collected from the Platform except to countries that comply with strict data protection laws. For reference purposes, Canada and the United States are deemed to comply with strict data protection legislation, and consequently, personal data may be transferred by Textr to such countries.