PRIVACY POLICY

TextMyLink LLC (“TextMyLink“, “we” or “us“) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of TextMyLink, https://www.TextMyLink.com (collectively, the “Site“) and any other products or Applications made available by TextMyLink, all of the foregoing are, collectively, the “Applications”. This Privacy Policy applies only to information that you provide to us through the Applications. This Privacy Policy may be updated from time to time. We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your TextMyLink Account) or by means of a notice on the Applications prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Use.

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

1. About

TextMyLink was created and operates to plan gatherings between friends and families. Users create an event, customize the link provided, utilize the TextMyLink application to notify their guests and invitees of the event, guests provide their information to confirm their attendance, users may export that information for cards and formal invitations, and users may utilize TextMyLink to send their guests and invitees event reminders. Users may, by using TextMyLink, build an online address book, mass text invitees, and monitor their guests addresses. Users may not utilize the application for harassment campaigns, continued texting of persons who have opted out of being texted, or otherwise act improperly. Users are solely liable and responsible for their activities and for messaging their guests and invitees. Users are solely responsible for and to the people they message and for the actions of such individuals. You are advised that by providing your information to us, you are also providing it to Twilio, where it may be subjected to Twilio’s terms and conditions.

2. International Transfer

YOUR INFORMATION MAY BE TRANSFERRED TO – AND MAINTAINED ON – COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. IF YOU ARE LOCATED OUTSIDE THE UNITED STATES AND CHOOSE TO PROVIDE INFORMATION TO US, TEXTMYLINK TRANSFERS PERSONAL INFORMATION TO THE UNITED STATES AND PROCESSES IT THERE. YOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.

3. Information Collection and Use

Our primary goals in collecting information are to provide and improve our Site, Applications, features and content, to administer your use of the Site and to enable users to enjoy and easily navigate the Site.

4. Personally Identifiable Information

When you register with us we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Identity Information“). Identity Information includes, but is not limited to, your name, phone number, driver’s license, email address, and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the Applications, we may also ask for your credit card number and other billing information (“Billing Information“) (Identity Information and Billing Information together, “Personal Information“). Some Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth. We use your Personal Information to provide the Application and administer your inquiries.

We collect Personal Information in connection with your registration to join the Application. You can register to join via the Site or Application by completing the required forms.

We also collect the other information that you provide as part of registration and the administration and personalization of your TextMyLink Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) (“Non-Identifying Information“).  We use your Personal Information (in some cases, in conjunction with your Non- Identifying Information) mainly to provide the Application, complete your transactions, and administer your inquiries. Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non- identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other TextMyLink Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Application and to analyze and understand how our Applications are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

We also use your Personal Information to contact you with TextMyLink newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “Notifications” information. (See “Changing or Deleting Information”, below.) We may also share the combined information without aggregating it to partners we feel may have material benefit to you or your use of the Site. Please note that we may also use your Personal Information to contact you with information related to your use of the Application, or Applications from Partners; you may not opt out of these notifications.

5. Log Data

When you visit the Applications our servers automatically record information that your browser sends whenever you visit a website (“Log Data“). This Log Data may include information such as your computer’s Internet Protocol (“IP“) address, browser type or the webpage you were visiting before you came to our Applications, pages or features of our Applications that you visit or use, the time spent on those pages, information you search for on our Applications, access times and dates, and other statistics. We use this information to monitor and analyze use of the Applications and for the technical administration of the Applications, to increase the functionality and user-friendliness of the Applications, and to better tailor our Applications to our visitors’ needs. We also use this information to verify that visitors to the Applications meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

6. Cookies

Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Applications. Second, we utilize session ID cookies to enable certain features of the Applications, to better understand how you interact with the Applications and to monitor aggregate usage by TextMyLink Users and web traffic routing on the Applications. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Applications and then close your browser. Third party advertisers on the Applications may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Applications or the Applications’ functionality may be limited.

7. Web Beacons

Our Applications may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Applications are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

8. Emailing Via a TextMyLink Account

If the functionality exists for TextMyLink Users to have selected the option of adding one or more email addresses to an online form, the messages they create in the corresponding template will be sent from TextMyLink to those email addresses on their behalf.

9. Phishing

Identity theft and the practice currently known as “phishing” are of great concern to TextMyLink Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your TextMyLink Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website at https://www.ftc.gov.

10. Third-Party Entities

Should you leave our Site or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy. As such we will not be liable for any data or personal information that may be exposed on third party platforms. When you click on links on our website or Applications, they may direct you away from our Site. We are not responsible for the privacy practices of other sites and strongly encourage you to read their privacy statements.

Third-party entities who may have access to your information include, but is not limited to, Apple, via its Apple Pay system, Amazon, through the AWS, Twilio, the service provider, and other necessary advertisers, marketing partners, and developmental partners that TextMyLink LLC may work with from time to time.

11. Aggregate Information and Non-Identifying Information

We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

12. Application Providers

TextMyLink may employ third party companies and individuals to facilitate our Application, to provide the Application on our behalf, to perform Site and Application-related Applications (e.g., without limitation, maintenance Applications, database management, web analytics, fraud detection Applications relating to the activity of TextMyLink Users and improvement of the features of the Application) or to assist us in analyzing how our Applications are used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or Applications we believe will be of interest to you. You can, at any time, opt out of receiving such communications.

As stated elsewhere herein, in order for the application to function, Twilio is utilized. You are warned that you should consult the Twilio Privacy Policy and Terms & Conditions, in order to better understand your rights under Twilio.

13. Compliance with Laws and Law Enforcement

TextMyLink cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of TextMyLink  or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

14. California or Similar Jurisdictions

We recognize that California has passed the California Consumer Privacy Act (“CCPA”), which provides specific rights to consumers. It is our goal to comply with the requirements of the CCPA when possible. California residents may contact us and assert they are a resident of California, request a copy of their PII that may be on record, request that we cease and desist any monetization of their information, and request deletion of their PII. Should such deletion render us unable to provide Applications to you, your account may be locked or permanently closed. You may contact us at the email provided herein. Please be aware we may request proof of identity in order to prevent scams, fraudulent activity, or skimming activity.

If you are in a U.S. jurisdiction that has same or similar consumer privacy rights as California, you may contact us and we will do our best to accommodate your rights as stated in your jurisdiction. We reserve the right to request proof of identity in order to protect the PII of account holders.

A request for account information under the foregoing CCPA shall be recognized and receipt confirmed within 10 calendar days, unless there is an event that prevents or delays such acknowledgement. Compliance with the request will be affected, when possible, within 45 calendar days unless an event prevents or delays such compliance, or there is reason to believe compliance would complicate an investigation, lawsuit, or contradict an order issued by a court of competence.

15. E.U. Residents and the GDPR

As of October 2019, we do not intend to provide Applications to those outside of the United States and its territories. E.U. residents who access our site and Applications are asked to abide by U.S. state and federal laws or immediately exit the website and cease and desist all interaction with our Applications. Notwithstanding the foregoing residents of the European Union may contact us and request a copy of their information. You may request deletion of such information. We do not collect information that is religious, political, or otherwise requires an E.U. point of contact or a Data Point of Contact.

16. Changing or Deleting Your Information

All Users may review, update, correct or delete the Personal Information by editing the relevant part of their profile or by contacting us. If you would like us to cancel your TextMyLink Account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your TextMyLink Account. Please note that, if you cancel your TextMyLink Account, any reviews you have posted via the Applications will remain publicly viewable via the Applications. Please see below for privacy contact information.

17. Security

TextMyLink is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Applications, you can contact us.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Applications in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of any breach of security and to restore the reasonable integrity of the data system.

18. Links to Other Websites

Our Applications may contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third-party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

19. Testimonials

By agreeing to the Terms of Application, you agree that we may post your testimonial or reviews on the Applications along with your name. If you want your testimonial removed please contact us.

20. Changes to This Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our website or Applications are acquired or merged with another company, your information may be transferred to the new owners so that we may continue to provide such Applications to you. In such instance we will notify you of the transfer of material.

21. Our Policy Toward Children

The Site and Application are not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without the parent or guardian’s consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will immediately delete such information from our files.

22. Access to your account

TextMyLink will have the right to access your account to make any changes to reservations, listings, or profile information at its sole discretion.

23. Questions and Contact

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information please contact our support desk at daniel@textmylink.com.