Terms & Conditions & Privacy Policy

CROWDFACTOR Terms & Conditions & Privacy Policy

This Privacy Policy was last updated on November 11, 2016.

Thank you for visiting www.crowdfactor.com/ (“Site”), a website hosted by CROWDFACTOR.COM, LLC. (“CROWDFACTOR”, “we”, or “us”) to describe how to participate in a text messaging based program (“Campaign”) as well as how we collect and use data collected by us through this Site and the Campaign. CROWDFACTOR takes the privacy and protection of personal information very seriously. 

CROWDFACTOR offers services to its third party clients (“Clients”) who want to communicate/advertise to you through the use of text, or SMS, messages (in either case, a “Text Message”). CROWDFACTOR sends Text Messages to individuals like you who request additional content, information, or service from Clients via Text Messages (“Services”). CROWDFACTOR makes this Site available primarily for informational purposes. By visiting and using the Site, or by sending a Text Message to a Client, you acknowledge that you accept the practices and policies outlined in this privacy policy (“Privacy Policy”).

What This Privacy Policy Covers

This Privacy Policy describes CROWDFACTOR’s practices with respect to Personal Information and Anonymous Information that we collect when you (i) visit, browse, or use a Site, and (ii) when you send a Text Message in response to a Client’s communication efforts (including other Text Messages received by you from Clients), and that Text Message is received by us (“Responsive Text Message”). This Privacy Policy does not apply to the use of your Personal Information that is collected by third parties that CROWDFACTOR does not own or control or that do not support CROWDFACTOR in providing the Services.

“Personal Information” is information that is personally identifiable like names, addresses, e-mail addresses, or phone numbers, as well as other non-public information that is associated with the foregoing.

“Anonymous Information” means information that is not associated with or linked to your Personal Information; Anonymous Information does not permit the identification of individual persons.

We collect and use Personal Information and Anonymous Information as described in this Privacy Policy if you visit a Site or send a Text Message.

BY SENDING TEXT MESSAGES, VISITING A SITE, OR SUBMITTING PERSONAL INFORMATION THROUGH A SITE, YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY POLICY.

YOUR PERSONAL INFORMATION MAY BE PROCESSED IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY AND BY USING THE SERVICES OR SUBMITTING PERSONAL INFORMATION THROUGH THE SERVICES, YOU ARE EXPRESSLY CONSENTING TO SUCH PROCESSING.

Personal Information We Collect

We collect, and may store, the following Personal Information that you submit to us voluntarily:

• When you contact us by sending us an e-mail, we will collect your e-mail address and any additional information that is contained in (and/or attached to) your e-mail, including any Personal Information.
   
• When you send a Text Message to us via your mobile phone or interact with our messaging platform, we will collect your mobile phone number and any information, including any Personal Information, you include in the Text Message. We also collect the phone number of the phone to which you send a Text Message through our platform. Additionally, we collect the following Anonymous Information from any Text Message (including Text Messages) that you send through our platform: date and time the Text Message was sent, the country code from which the Text Message was sent, your telecommunications carrier’s name, and the delivery status of the Text Message.

Information Collected Via Technology

As you use and browse the Site, certain information may also be collected passively, including your Internet protocol (IP) address, operating system, and the browser type and browser version that you use to visit the Site. Additionally, if you visit a CROWDFACTOR site on your mobile device, we will collect information about your device, including but not limited to: browser type and version that you use to visit the site, vendor and model information, operating system, and other device related information. CROWDFACTOR also stores a small text file called a “Cookie” on your computer or mobile device. CROWDFACTOR uses persistent Cookies (which stay on your computer or mobile device until you delete them) on the Site. Standing alone, Cookies do not personally identify you. They recognize your web browser and device related information used to make browsing the site faster and more efficient.  While you will still be able to use the Site if you disable Cookies in your browser, certain parts of the Sites may not function as effectively.

Personal Information From Other Sources

We may receive Personal Information about you from outside the Site, such as telephone, fax, mail, or from third parties that provide services for us that are related to the Services. We may add this information to the information we have already collected from you via the Services.

Use Of Information We Collect

In general, information (including Personal Information) you submit to us, or to third parties that support us in collecting information, is used by us to provide you or others with services requested or purchased by you (including Services), to respond to requests or questions that you submit, to improve our Services and to better tailor the features, performance and support of the Services.

We may also use your Personal Information to provide you with notifications related to your use of the Services, such as electronic newsletters or promotional e-mails or Text Messages, should you request to receive such communications from us.

We use some Anonymous Information collected by technology to operate and improve the Site and our services.

We may use some of the information, including both Personal Information and Anonymous Information, for our marketing purposes. For example, we may use information you provide to contact you to further discuss your interest in CROWDFACTOR, the Services, and to send you information regarding us and our partners, such as information about promotions or events.

We may create Anonymous Information records from Personal Information by excluding information (such as your name) that makes the information personally identifiable to you. We may also create Anonymous Information on how you use the Services. We may use this Anonymous Information for internal purposes, such as analyzing usage patterns so that we may enhance the Services, and we also reserve the right to use and disclose any Anonymous Information at our discretion.

We use the Anonymous Information collected from Text Messages to report on programs (client message count, delivery status reports, and response rate/content) for Clients, including, reporting on the performance/delivery rate of specific telecommunication carriers, and what percentage of users belong to which carriers.

Feedback

If you provide feedback about the Sites or Services to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy.

Disclosure of Personal Information

Except as otherwise stated in this Privacy Policy, we do not disclose to or share your Personal Information with third parties, unless you ask or authorize us to do so.

We may share information collected by us from Text Messages with our Clients as part of our Services, including Personal Information provided by you in Text Messages, in accordance with our agreements with our Clients.

In the event CROWDFACTOR goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information will likely be among the assets transferred. You acknowledge that such transfers may occur, and that any acquirer of CROWDFACTOR or its assets may continue to use your Personal Information as set forth in this Privacy Policy. You hereby consent to CROWDFACTOR sharing your Personal Information under the above circumstances.

We may (and you authorize us to) disclose information we have collected from and about you (including Personal Information) if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) to enforce any agreement we may have entered into with you and to enforce the Privacy Policy; or (c) to protect and defend the rights or property of us, other Users, or third parties.

Choices Regarding Personal Information

We will include unsubscribe instructions in each e-mail newsletter or promotional communication you receive from us. 

If you receive SMS based messages from one of our Clients, we may send you service-related e-mail announcements (such as, but not limited to, notice that we have changed the Services or the Privacy Policy) when we believe it is necessary to do so. You may not opt-out of these communications, which are not promotional in nature.

You understand that any termination of your relationship with us (including opting-out of receiving Text Messages) may involve deletion of some of your account information from our live databases and some of the information and data stored for such account in the Site. However, if you have ever sent a Text Message to us, we are required to maintain a record associated with you in order to keep track of the fact that you have “opted-out” to receive more Text Messages. CROWDFACTOR will not have any liability whatsoever to you for any termination of your account or related deletion of you information. When we delete information that we have collected from or about you, it will be deleted from our active databases but may remain in our archives.

Text Messages

To opt-out from receiving Text Messages from our Clients, just text “STOP,” “STOP ALL,” “QUIT,” “CANCEL,” “UNSUBSCRIBE,” or “END” to 888999 from the device which you used to opt-in to receiving Text Messages. You will be sent a return Text Message confirming your choice to opt-out. If you opt-out you should not receive any messages until you opt-in again per program instructions. You may also opt-out by calling our toll free number 1-800-939-1872, or by emailing [email protected] (if emailing, please make sure to include your mobile phone number for which you opted-in)

Your telecommunications carrier’s standard and additional rates apply to all Text Messages sent and received by you, as well for visiting web sites/pages.

If you need assistance sending, receiving, or opting-out from receiving Text Messages, simply text “HELP” to 888999 or call 1-800-939-1872 to reach our customer support. 

Third Parties

From time-to-time, CROWDFACTOR may engage third parties to collect, track, and analyze Anonymous Information from individuals who visit the Web Sites. CROWDFACTOR may also use other third-party cookies to track the performance of Company advertisements. The information provided to third parties does not include Personal Information.

Links to Other Web Sites

The Services may contain links to other web sites that are not owned or controlled by CROWDFACTOR. The provision of such links is for your convenience and does not signify our endorsement of such web sites or location or its contents. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other web sites. Please be aware that the terms of the Privacy Policy do not apply to any outside web sites.

Client Data

As part of the Services, Clients can host data and information (“ClientData”) via the Site. CROWDFACTOR will not review, share, distribute, or reference any such Client Data except as provided in the CROWDFACTOR Master Subscription Agreement, or as may be required by law. Individual records of Client Data may be viewed or accessed only for the purpose of resolving a problem, support issues, or suspected violation of the CROWDFACTOR Master Subscription Agreement, or as may be required by law. Clients are responsible for maintaining the security and confidentiality of their CROWDFACTOR usernames and passwords.

Privacy of Minors

We do not intentionally collect information from persons under the age of 13 through the Sites.

Security and Confidentiality

CROWDFACTOR has put in place commercially reasonable and appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. However, no company, including CROWDFACTOR, can fully eliminate security risks associated with Personal Information. Please note that neither e-mail nor text messaging is encrypted and is not considered to be a secure means of transmitting information.

Changes in this Privacy Policy

As part of the Terms of Service, this Privacy Policy is subject to occasional amendment. In the event we make a material change to the Privacy Policy, we will notify you either by email or by posting a notice on the home page of the Websites. You will have 30 days from receipt of the email or from the date of posting of the notice on the Website, which ever date is later, to object to the changes. If you object to the changes, your sole and exclusive remedy is to terminate your relationship with us and cease your use of the Sites and Services. If you do not object within such time period, you will be deemed to have accepted the revised terms.

Contact Us

If you have any questions or suggestions regarding our Privacy Policy or our data privacy policies, please contact us by clicking http://www.crowdfactor.com/corporate/contact.html, by mailing CROWDFACTOR Privacy, 1675 Larimer Street Suite 640 Denver, CO 80202, or by calling 1-800-939-1872.

Note: T-Mobile and all other carriers are not liable for delayed or undelivered messages.