Privacy Policy

Thanks for using SellbyTextMessage or visiting one of our websites. This policy explains the what, how, and why of the information we collect when you visit one of our websites, or when you use our Services. It also explains the specific ways we use and disclose that information. We take your privacy extremely seriously, and we never sell lists or email addresses. By visiting or using the www.sellbytextmessage.com website and domain name, any other linked pages, features, content, mobile applications, and any other services we offer from time to time in connection with any of the foregoing, you agree to the practices and policies set forth in this Privacy Policy, and you hereby acknowledge and consent to our collection, use, and sharing of your information as described in this Privacy Policy. 

THE BASICS

1. Definitions

These definitions should help you understand this policy. “We,” “us,” “our,” and “SellbyTextMessage,” or “SellbySMS” refer to SellbyTextMessage, a State of Tennessee company. We provide online platforms used to market to or stay in contact with others, including creating, sending, and managing text messages (the “Services”).

When we say “Member,” we are referring to the person or entity that is registered to use the Services. When we say “you,” we are referring either to a Member or to some other person who visits any of our Websites.

A “Subscriber” is a person you contact through our Services, or a person who you might choose to contact at some point in the future through the use of our Services. In other words, a Subscriber is anyone on your Distribution List or about whom you have given us information.

“Personal Information” refers to any information that identifies or can be used to identify you or a Subscriber, directly or indirectly, including, but not limited to, first and last name, date of birth, email address, gender, occupation or other demographic information.

A “Distribution List” is a list of Subscribers and all associated information related to those Subscribers (for example, mobile phone numbers).

We offer the Services on our websites, sellbytextmessage.com and sellbysms.com. Our services are also used on other websites, sometimes, but these sites are not necessarily operated by us. This Privacy Policy only applies to these specific websites, as well as any other sites or mobile applications owned or operated by us (each a “Website” and together the “Websites”). The “Websites” include the Websites themselves, and any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online, mobile, or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device, or other technology, manner or means. We may collect Personal Information about a Website visitor, Member, person, mobile phone number or email address on or related to a Distribution List, or Subscriber while providing the Services and in other manners as described below.

2. Changes

We may change this Privacy Policy from time to time. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or contacting you directly via email or other means. You are bound by any changes to the Privacy Policy when you use the Website after such changes have been first posted. Our electronically or otherwise properly stored copies of this Privacy Policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Policy which were in effect on each respective date you visited the Website.

3. Scope

This Privacy Policy is effective with respect to any data that we have collected, or collect, about and/or from you, according to our Terms of Use.

4. Questions & Concerns

If you have any questions or comments regarding our Privacy Policies, please email us at info@sellybytextmessage.com.

YOUR INFORMATION

5. Information We Collect

(a) Information you voluntarily provide to us: When you sign up for and use the Services, consult with our team, send us an email, post on our blog, integrate the Services with another website or service (for example, when you choose to connect your e-commerce account with SellbyTextMessage), or communicate with us in any way, you are voluntarily giving us information that we collect. That information may include either your or your Subscribers’ name, physical address, email address, IP address, phone number, credit card information, as well as details including gender, occupation, location, purchase history, and other demographic information. By giving us this information, you consent to this information being collected, used, disclosed, transferred to the United States and stored by us, as described in our Terms of Use and in this Privacy Policy. You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to register with us or to take advantage of some or all of our features.

(b) Information we collect automatically: When you use the Services or browse one of our Websites, we may collect information about your visit to our Websites, your usage of the Services, and your web browsing. That information may include your IP address, your operating system, your browser ID, your browsing activity, and other information about how you interacted with our Websites or other websites. We may collect this information as a part of log files as well as through the use of cookies or other tracking technologies. We and our partners may use these cookies and similar tracking technologies on our Website, such as pixels and web beacons, to analyze trends, administer the website, track users’ movements around the website, serve targeted advertisements, and gather demographic information about our user base as a whole. You may be able to change the preferences on your browser or device to prevent or limit your computer’s or device’s acceptance of cookies, but doing so may prevent you from taking advantage of our Website’s features. Our third party partners may use cookies or similar tracking technologies in order to provide you advertising or other content based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click http://preferences-mgr.truste.com/ (or if located in the European Union click http://www.youronlinechoices.eu/). Please note you might continue to receive generic ads.

We use web beacons on our Websites and in our emails, text messages, and push notifications. When we send emails, text messages, or push notifications to Members, we may track behavior such as who opened emails, text messages, or push notifications and who clicked the links contained therein. This allows us to measure the performance of campaigns and to improve features for specific segments of Members. Web beacons allow us to collect information about when you open the text message, emails or push notifications, your IP address, your browser or email client type, and other similar details. We use the data from those Web Beacons to create reports about how your text message, email, or push notification campaign performed and what actions your Subscribers took. Reports are also available to us when we send text messages, emails, or push notifications to you, so we may collect and review that information.

We do not honor do-not-track signals from Internet browsers or other consumer choice mechanisms regarding the collection of behavioral tracking data.

(c) List and phone number information: When you add a or create a phone number or email list with the Services and send a message using our Services, we have and may access the data on your list and the information in your text message. If a Subscriber chooses to forward to a friend (FTF) link in a text message, email, or push notification campaign you send, it will allow the Subscriber to share your content with individuals not on your Distribution List. When a Subscriber forwards a text message, email, or push notification to a friend, we do not store your Subscriber’s friend’s phone number, and no one is added to any Distribution List as a result of the forwarding text message, email, or push notification. The Member who created the text message, email, or push notification campaign only sees an aggregate number of times their text message, email, or push notification campaign was forwarded by a Subscriber and does not have access to the mobile phone number used to receive that forwarded content.

(d) Information from your use of the Service: We may receive information about how and when you use the Services, store it in log files or other types of files associated with your account, and link it to other information we collect about you. This information may include, for example, your IP address, time, date, browser used, and actions you have taken within the application. This type of information helps us to improve our Services for both you and all of our other members.

 (e) Information from other sources: We may also obtain information about you or your Subscribers from third party sources, such as public databases, social media platforms, third party data providers and our joint marketing partners. We take steps to ensure that such third parties are legally permitted or required to disclose such information to us. Examples of the information we may receive from other sources include: demographic information, device information (such as IP addresses), location, and online behavioral data (such as information about your use of social media websites, page view information and search results and links). We use this information, alone or in combination with other information (including Personal Information) we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products features, and services. For example, we use this information to develop Social Profiles, a tool that helps you learn about your Subscribers and allows you to send them more relevant content.

(f) Information from the use of our Mobile Apps: When you use our mobile apps, we may collect certain information in addition to information described elsewhere in this Policy. For example, we may collect information about the type of device and operating system you use. We may ask you if you want to receive push notifications about activity in your account. If you have opted in to these notifications and no longer want to receive them, you may turn them off through your operating system. We do not ask for, access or track any location-based information from your mobile device at any time while downloading or using our Mobile Apps or Services. We may use mobile analytics software to better understand how people use our application. We may collect information about how often you use the application and other performance data.

6. Use and Disclosure of Personal Information

We neither rent nor sell your Personal Information in personally identifiable form to anyone. However, we may use and disclose Personal Information only for the following purposes:

(a) To promote use of our services to you and others.  We may send you an email inviting you to sign up for services which you viewed, but did not sign up. If you use any of our Services and we think you might benefit from using another Service we offer, we may send you an email and text messages about that. You can stop receiving our promotional emails or text messages by following the unsubscribe instructions described in this site or at the end of most email and text message we send. In addition, we may use information we collect in order to advertise our Services to you or suggest additional features of our Services that you might consider using. In addition, we may use your anonymized Personal Information to advertise our Services to potential or other users like you.

(b) To send you informational and promotional content in accordance with your marketing preferences. You can stop receiving our promotional emails and text message by following the unsubscribe instructions included in every email and text message.

(c) To bill and collect money owed to us by our Members. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see Section 14 below.

(d) To send you System Alert messages. For example, we may inform you of temporary or permanent changes to our Services, such as planned outages, new features, version updates, releases, abuse warnings, and changes to our Terms of Use and Privacy Policy.

(e) To communicate with our Members about their account and provide customer support.

(f) To enforce compliance with our Terms of Use and applicable law. This may include developing tools and algorithms that help us prevent violations.

(g) To protect the rights and safety of our Members and third parties, as well as our own.

(h) To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and any other time when required by law.

(i) To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.

(j) To prosecute and defend a court, arbitration, or similar legal proceeding.

(k) To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.

(l) To provide, support, and improve the Services we offer. This may include our use of the data that our Members provide us in order to enable our Members to use the Services to communicate with their Subscribers. This also includes, for example, aggregating information from your use of the Services or visit to our Websites and sharing this information with third parties to improve our Services. This might also include sharing your information or the information you provide us about your Subscribers with third parties in order to provide and support our Services or to make certain features of the Services available to you. When we do have to share Personal Information with third parties, we take steps to protect your information by requiring these third parties to enter into a contract with us that requires them to use the Personal Information we transfer to them in a manner that is consistent with this policy.

(m) To provide suggestions to you. This includes adding features that compare Members’ campaigns, using data to suggest other publishers your Subscribers may be interested in, or using data to suggest products or services that you may be interested in or that may be relevant to you or your Subscribers. Some of these suggestions are generated by use of our algorithms and other automated processes.

(n) To transfer your information in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Website.

(o) Other Purposes. Personal information may also be used to carry out any other legitimate business or lawful purpose about which we will notify you. Except as set forth in this Privacy Policy, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

(p) Combined Information: We may combine Personal Information with other information we collect or obtain about you (such as information we source from our third party partners), to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this Privacy Policy. When we combine Personal Information with other information in this way, we treat it as, and apply all of the safeguards in this Privacy Policy applicable to, Personal Information.

7. Data Collected for and by our Users

As you use our Services, you may import into our system Personal Information you have collected from your Subscribers or other individuals. We have no direct relationship with your Subscribers or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals. Consistent with the uses of Personal Information covered in Section 6, we may transfer Personal Information of you or your Subscribers to companies that help us promote, provide, or support our Services or the services of our Members (“Service Providers”). All Service Providers enter into a contract with us that protects Personal Information and restricts their use of any Personal Information consistent with this policy. As part of our Services, we may use and incorporate into features information you have provided, we have collected from you, or we have collected about Subscribers. We may share this information, including Subscriber email addresses, with third parties in line with the approved uses in Section 6.

If you are a Subscriber and no longer want to be contacted by one of our Members, please unsubscribe directly from that Member’s email, text message, or push notification campaign or contact the Member directly to update or delete your data. If you contact us, we may remove or update your information within a reasonable time and after providing notice to the Member of your request.

We will retain Personal Information we process on behalf of our Members for as long as needed to provide our Services or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.

8. Public Information and Third Party Websites

(a) Blog. We have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us at info@sellbytextmessage.com If we are unable to remove your information, we will tell you why.

(b) Links to third-party websites. Our Websites may include links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Website you visit.

9. Third Parties

We may disclose Personal Information to the following types of third parties for the purposes described in this policy:

(a) Service Providers. Sometimes, we share your information with our third party Service Providers, who help us provide and support our Services. For example, if it is necessary to provide you something you have requested (like enable a feature such as Social Profiles), then we may share your and/or your Subscribers’ Personal Information with a Service Provider for that purpose. Just like with the other third parties we work with, these third party Service Providers enter into a contract that requires them to use your Personal Information only for the provision of services to us and in a manner that is consistent with this policy. Examples of Service Providers include payment processors, hosting services, and content delivery services.

(b) Advertising partners. We may partner with third-party advertising networks and exchanges to display advertising on our Websites or to manage and serve our advertising on other sites and may share Personal Information with them for this purpose. All third parties with which we share this information are required to use your Personal Information in a manner that is consistent with this policy. We and our third party partners may use cookies and other tracking technologies, such as pixels and web beacons, to gather information about your activities on our Websites and other sites in order to provide you with targeted advertising based on your browsing activities and interests. For more information about cookies and other tracking technologies, please see our Cookie Statement.

(c) Any competent law enforcement or regulatory body, government agency, court, or other third party when disclosure is necessary as a matter of law or regulation; to exercise, establish, or defend our legal rights; or to protect your interests or the vital interests of another.

(d) Any other person with your consent.

10. Contest and Sweepstakes

We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on our Websites or through social media (collectively “Our Promotions”). Participation in our Promotions is completely voluntary. Information requested for entry may include personal contact information such as your name, address, date of birth, phone number, email address, username, and similar details. We use the information you provide to administer Our Promotions. We may also, unless prohibited by the Promotion’s rules or law, use the information provided to communicate with you, or other people you select, about our Services. We may share this information with our affiliates and other organizations or service providers in line with this policy and the rules posted for the Promotion.

11. Content of Campaigns

When you send a marketing campaign, it travels from server to server as it crosses the Internet. Along the way, server administrators can read what you send. Text messages, emails, and push notifications were not designed to keep information confidential. Please do not use SellbyTextMessage to send confidential information, especially where such information is required to be kept confidential by law or regulation.

Sometimes we review the content of our Members’ campaigns to make sure they comply with our Terms of Use. To improve that process, we have software that helps us find campaigns that may violate our Terms. Our employees or independent contractors may review those particular campaigns. This benefits all Members who comply with our Terms of Use because it reduces the amount of spam being sent through our servers and helps us maintain high deliverability.

YOUR LISTS

12. Your Distribution Lists

A Distribution List can be created in a number of ways, including by importing contacts, such as through csv, through manually adding Subscriber information, or through texting keywords to a number provided. Your Distribution Lists are stored on a secure SellbyTextMessage server. We do not, under any circumstances, sell your Distribution Lists. If someone on your Distribution List complains or contacts us, we might then contact that person. Only authorized employees have access to view Distribution Lists. You may export (download) your Distribution Lists from SellbyTextMessage at any time.

We will use and disclose the information in your Distribution Lists only for the reasons discussed in this Policy. We will not use and disclose the information in your Distribution Lists to:

  • bill or collect money owed to us by you;
  • send you system alert messages;
  • communicate with you about your account; or
  • send you informational and promotional content.

If we detect abusive or illegal behavior related to your Distribution List, we may share your Distribution List or portions of it with affected ISPs or other appropriate law enforcement organizations.

SECURITY

13. Notice of Breach of Security

If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Distribution Lists, then SellbyTextMessage will notify you as soon as possible and later report the action we took in response.

14. Safeguarding Your Information

We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.

Our credit card processing vendor uses security measures to protect your information both during the transaction and after it is complete. Both our site and our credit card processing vendor comply with Payment Card Industry Data Security Standards or PCI. For further information on the security measures taken by our credit card vendor, please visit Stripe.com.  If you have any questions about the security of your Personal Information, you may contact us at info@sellbytextmessage.com.   

SellbyTextMessage accounts require a username and password to log in. You must keep your username and password secure, and should not disclose it to a third party. Because the information in your Distribution Lists is sensitive, account passwords are encrypted, which means we cannot see your passwords. We cannot resend forgotten passwords either. We will only reset them.

COMPLIANCE

15. We Operate in the United States

Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy. By using our Websites, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this policy.

16. Accuracy and Retention of Data

We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes, you are responsible for notifying us of those changes. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. We will retain your information for as long as your account is active or as long as needed to provide you with our Services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our Agreements.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

17. Access

We will give an individual, either you or a Subscriber, access to any Personal Information we hold about them within 30 days of any request for that information. Individuals may request to access, correct, amend or delete information we hold about them by emailing us at info@sellbytextmessage.com Unless it is prohibited by law, we will remove any Personal Information about an individual, either you or a Subscriber, from our servers at your or their request. There is no charge for an individual to access or update their Personal Information.

18. California Privacy

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email and mailing address and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us through email at info@sellbytextmessage.com

Updated November 21, 2018