PRIVACY POLICY – TEXTR

Date of Latest Revision: April 5, 2021

The present Privacy Policy (the “Privacy Policy”) shall set forth the data protection, privacy, terms and policy applicable to the collection, sharing, disclosure and maintenance of personal information obtained from the website https://textrapp.com/ and its corresponding web and mobile applications (collectively referred to as the “Platform”).

       Background and Definitions

9463151 Canada Corp., a company based in Markham, Ontario and doing business under the name Textr, owns and manages the Platform. For purposes of this Privacy Policy, 9463151 Canada Corp. shall be referred to as “Textr”. You, as a user of the Platform, shall be referred to as the “User”. The term “Users” shall refer to any and all users of the Platform, without limitation.

This Privacy Policy has been drafted in accordance with the privacy and data protection laws applicable in Canada and the United States.

       Application of this Privacy Policy

Personal information submitted by the User or otherwise obtained by Textr on or using the Platform shall be governed exclusively by the present Privacy Policy. The User’s access, browsing, download and/or usage of the Platform shall signify the User’s acceptance of this Privacy Policy, in full and without limitation. The present Privacy Policy should be read together with the Platform’s Terms of Use, as published on the Platform. Textr shall not be bound by any policies or terms, except for the present Privacy Policy and the corresponding Terms of Use published on the Platform as well as any policies and documents referenced therein. 

       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.

       Changes to this Privacy Policy

Textr reserves the right to amend, modify, update or revise this Privacy Policy, at any time. The revised Privacy Policy shall be published on the Platform and shall be enforceable as of its publication on the Platform. The published Privacy Policy shall specify the date of the latest revision thereto.

1. PERSONAL DATA COLLECTION

The Platform seeks to improve the customer service with business texting. By way of the Platform, Users may benefit from texting on their existing business or company landline. As such, by using the Platform, Users may respond to customers by SMS, MMS and phone call. For purposes of this Privacy Policy, the term “Services” shall refer to all business texting and calling services offered on the Platform, including, without limitation, allowing Users to respond to text messages online and receive SMS messages online.

       Personal Information

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

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

Textr shall only collect personal information voluntarily provided by the User on the Platform. Personal information provided by the User on the Platform shall be collected, used and stored according to the terms of the present Privacy Policy and applicable privacy and data protection laws. Any indirect identifiers obtained by Textr shall also be used according to the terms of this Privacy Policy.

       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.

       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 and 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

Textr agrees to use the personal information collected from the Platform solely for the purposes expressly set forth in this Privacy Policy. Textr shall be entitled to use and share such personal information to protect its legitimate business interests, to offer the Services, to improve the Platform and to comply with the authorization granted by the User, if applicable.

       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.

       Legal Obligations

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

The User grants Textr the authorization to use the User’s personal information for purposes beyond those explicitly mentioned in this Privacy Policy. More specifically, the User may consent to Textr using the User’s personal information for specific marketing purposes, to participate in a promotional offer and to benefit from certain Services. To be valid, the User’s authorization shall confirm the scope of the permission granted in writing. The authorization may be provided by way of a checkmark or option selected by the User on the Platform. Provided the authorization granted by the User complies with the terms of this Privacy Policy, Textr shall be authorized to use such personal information for the duration and according to the scope set forth in the explicit consent provided by the User.

       Disclosure to Textr’s Affiliates

All personal information provided by Users on the Platform shall be subject to the confidentiality measures set forth by Textr. In consideration thereof, Textr undertakes to not share, disclose or otherwise transmit personal information collected on the Platform with its affiliates, employees, directors, shareholders and contractors (collectively referred to as the “Affiliates”), except if required to provide the Services or fulfill any purpose specified in this Privacy Policy. The disclosure of personal information to Affiliates by Textr shall be limited only to such information strictly required for the provision of the Services and the purposes of the Platform. Further, Textr shall ensure the Affiliates granted access to personal information remain bound by confidentiality obligations as binding as those set out in this Privacy Policy.

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

The User acknowledges that the Platform may provide links to third party websites and applications, such as Google Ads, affiliate links and external links to Wikipedia, without limitation. The User understands that this Privacy Policy shall only apply to the Platform, and not to any third party websites and applications, all of which shall be governed by the their own privacy policies and terms. The links to the third party websites and applications are provided exclusively for reference purposes. Textr is not affiliated with any of the third party websites and applications referenced on the Platform.

Textr remains available to respond to any questions, requests and inquiries regarding this Privacy Policy. The User may send any such inquiries, requests or questions to [email protected]. Textr shall endeavor to respond to all requests in a timely manner.