Privacy Policy

Your privacy and your End Users’ privacy is important, so TextWith has created the following Privacy Policy to let you know what information we collect when you visit our website and/or when your End Users engage with the TextWith Platform, why we collect that information, and how, it is used (if at all). Our Privacy Policy is our commitment to you that we provide not only the highest quality services and products, but that we understand that you expect us to safeguard the personal and business information that we collect. All of our employees that have access to and/or are associated with the processing of personal information are obliged to respect the confidentiality of your and your End Users’ personal information. To this end, our Privacy Policy allows you to make an informed decision regarding your usage of the tools and services that we provide.

The terms “Company,” “we,” “us,” and “our” refer to TextWith (“TextWith”). The terms “you,” “your,” “yours” and “Customer” refers to the business entities and individuals who visit the TextWith Website and/or use the TextWith platform. The term “End User” refers to an individual that shops on one of our Customers’ online stores. This Privacy Policy is governed by our Terms of Service. By using this website and/or the TextWith Platform or TextWith’s Services, you consent to the data practices described herein. As technology and circumstances change, we will continue to update, modify and enhance this Privacy Policy on this webpage for your benefit. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often.

The Privacy Policy herein will proceed in three different sections. Section 1 pertains to the use and collection of your data on the TextWith Website (https://www.textwith.us) and its sub-domains. Section 2 pertains to the use and collection of your End Users’ data on TextWith’s Platform as it is used by you, our Customer. Section 3 explains certain policies that pertain to both the use and collection of data on the TextWith Website and the TextWith Platform.

1. USE AND COLLECTION OF DATA ON OR THROUGH THE TEXTWITH WEBSITE

1.1 Cookies

“Cookies” are small text files that websites sent to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the visitor’s browser. These small programs enhance your use of the Internet, in general, and, specifically, we use cookies to enhance your usage of our functions.

Please note that we employ the use of cookies and that, currently, we, our service providers, and our business partners may collect certain information about the use of the TextWith Website and third-party websites using cookies (along with web beacons and other technologies).

Cookies can be disabled, however, if you turn off your cookies you may find your enjoyment of the Internet, and our website, to be reduced or impaired. You may turn off your cookies by adjusting the appropriate setting on your browser. Please consult the HELP menu of your browser to learn how to turn your cookies off.

1.1.1 Data Collected for TextWith’s Own Business Purposes:

The information collected by automated means for our own business purposes includes the following:

Details about the devices that are used to access our website (such as your IP address, the type of operating system you are using, and the web browser you are using);

Dates and times of visits to, and use of, our websites;

Information about how our websites are being used (such as the content that is being viewed on our websites, how Customers and Website Visitors navigate between webpages on our websites, which actions Customers and Website Visitors take on our websites, and the data and time Customers and Website Visitors access our websites);

URLs that refer visitors to our websites;

Search terms used to reach our websites.

1.1.2 Data Collected on Behalf of Our Customers:

The information collected by automated means on behalf of our Customers may include the following:

Details about the devices that are used to access our Customers’ website (such as End Users’ IP address, the type of operating system End Users are using, and the web browser End Users are using);

Dates and times of visits to, and use of, our Customers’ websites;

Information about how our Customers’ websites are being used (such as the content that is being viewed on our Customers’ websites, how End Users navigate between webpages on the Customers’ websites, which actions Customers and Website Visitors take on the Customers’ websites, and the data and time End Users access Customers’ websites);

URLs that refer End Users to our Customers’ websites;

Search terms used to reach our Customers’ websites.

1.2 Registration Data

In order to access certain subscriber services and restricted areas of the TextWith Website (the “Restricted Services”) TextWith requires you to provide certain identifying information listed in the online registration form (the “Registration Data”). This information may include the following: (a) your legal name and/or the legal name of your business; (b) your address and/or the address of your business; (c) your email address; (d) your phone number; (e) your subscriber name or “screen name”; (f) your social media profile URL; (g) your areas of interest; (h) your Registration Services password used to access your TextWith Account; (i) your method of payment; and (j) if applicable, your credit card holder data.

While using TextWith as a client, third party personal information may be entered, such as the legal name, address, telephone number, and email address of the business you represent. This information is only used for the purpose it was collected for, which includes, setting up your or your business’s TextWith Account and communicating with you or your business as provided further in Section 1.11 (Communications).

You may also cancel your TextWith Account (and, by extension terminate your use of the TextWith Platform and its Services) at any time by sending an email to [email protected]. TextWith will retain your Registration Data only for as long as necessary to complete the cancellation. We will then destroy the Registration Data or anonymize the information, in accordance with applicable law.

TextWith reserves the right to request any additional information necessary to establish and maintain your or your business’s TextWith Account and/or for communicating with you or your business.

1.3 Confidentiality of Registration Data

Registration Data is the property of TextWith, subject to and protected by the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq., and is maintained in a secured area on the TextWith Website for transmission. After any and all Registration Data is transmitted, it is stored in our password-secured database. Registration Data is encrypted at rest and in transit. TextWith may use Registration Data to (a) provide services to our Customers; (b) respond to requests, inquiries, comments, and suggestions provided by Customers; (c) analyze and enhance TextWith’s communication and marketing strategies; (d) operate, evaluate, and improve our business, websites, and other products and services being offered; (e) invoice and collect payment for our Services; (f) establish and maintain individual Customer profiles; and (g) administer surveys and other marketing research. TextWith will not sell, rent, swap, or otherwise disclose or distribute your or your business’s Registration Data to any third party for promotional purposes.

1.4 Use of Aggregated Data

We may collect aggregate information about pages that Website Visitors visit on our website (“Aggregated Data”) (such as overall patterns of use or demographic reports). TextWith reserves the right to disclose to third parties any Aggregated Data collected via your use of the TextWith Website.

1.5 Use of Website Visitor-Specific Data

We may also collect Website Visitor-specific information about pages that Website Visitors visit on the TextWith Website. A more thorough description of what Website Visitor-specific information we obtain can be found in Section 1.1 above (Cookies). We may disclose Website-Visitor-specific information in both aggregated and non-aggregated form to third parties to support the internal operations of our website.

In order to seek out and repair functionality issues with our servers and related programming, we may use your email and IP addresses for evaluation and diagnostic purposes.

1.6 Information We Collect from Children

As per our Terms of Service, children under the age of eighteen (18) years may not register for the TextWith Platform or its Services. However, children can access many parts of the TextWith Website and its content without providing us with personal information. In addition, we use certain technologies, such as cookies, to automatically collect information from our Website Visitors (including children) when they visit or use the TextWith Website.

We do not knowingly collect, share, sell, rent, or transfer children’s personal information.

At any time, a child’s parent or guardian may review the child’s personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child’s information. In order to review, change, or delete your child’s personal information, please email us at [email protected].

1.7 Access & Correcting Personal Information

You may request access to correct, amend, update, or delete the personal information that we maintain about you by emailing [email protected]. We will respond to your request within 30 days.

We reserve the right to verify the identity of the individual in connection with any request regarding Personal Information, including, but not limited to, Registration Data or End User-Specific Data, to help ensure that we provide the information to individuals to whom the information pertains, and allow only those individuals or their authorized representatives to exercise rights with respect to that Personal Information.

1.8 Communications

Unless you select the “Opt-Out” option as described in Section 1.12, TextWith reserves the right to use your or your business’s Registration Data to send you and/or your business information about TextWith, the TextWith Website, TextWith products and services, and other topics in which you have indicated an interest.

If you communicate with us via the TextWith Website, email, telephone, or surface mail, we will maintain such communications and the information contained within them for the purpose of providing you with customer service. To protect these communications, we employ safeguards that are reasonable in the industry.

In choosing to communicate with us through the TextWith Website, you may be required to complete online registration forms that provide us with contact information (such as your name, street address, email address, and phone number), and by providing this contact information you agree that TextWith may, from time to time, send you emails regarding our service so that we can directly communicate with you regarding issues we determine to be relevant. Any information that you give us when you complete a contact form or inquiry form is collected and retained by us.

It is our policy not to send unsolicited emails or allow third parties to contact you via the email address that you provided to us.

1.9 Opt-Out Right

If you do not wish to receive any special offers or other communications from TextWith, you have the right to choose to stop receiving any email communications (such as TextWith newsletters or marketing emails) by following the unsubscribe instructions included in those email communications. However, even if you opt out of receiving such communications, we retain the right to send you non-marketing communications (such as information about changes to our website Terms of Service and Privacy Policy).

1.10 Testimonials on Our Website

With your consent, we may post your testimonial along with your name and business affiliation. If you want your testimonial removed at any time, please contact us at the physical address or email address listed herein.

1.11 Links to Third-Party Websites

By accessing the TextWith Website, you acknowledge that TextWith provides links to third-party websites, but that TextWith is not responsible for the content of such third-party websites or their terms, conditions, or privacy policies. You acknowledge that you must carefully review the terms, conditions, and privacy policies of all websites prior to using said third-party websites and you assume all risk of using third-party websites. Furthermore, you understand and agree to not hold TextWith responsible for any third-party content provided on the TextWith website that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction.

1.12 Social Media Features & Widgets

Our website includes Social Media Features (such as the Facebook and Twitter buttons) and/or Widgets (interactive mini-programs that run through our website) that may change from time to time. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. The third parties that own these Social Media Features and Widgets may collect your IP address and which page(s) you are visiting on our website and may set a cookie to enable the Feature or Widget to function properly. Your interactions with these Social Media Features and Widgets are governed by the privacy policy of the company providing it.

Please note that, in the event a child engages with these Social Media Features or Widgets, the child’s parent of guardian should contact the owner of the Social Media Feature or Widget and not TextWith. TextWith does not control the types of information your child can send or post through the Features or Widgets. We encourage parents to educate their children about safety online and to carefully monitor their children’s use of Social Media Features or Widgets to ensure they do not disclose their personal information through them.

2. USE AND COLLECTION OF USER DATA THROUGH THE TextWith PLATFORM

You and the rest of our Customers that implement the TextWith Platform provide access to the TextWith Platform to your End Users. By providing the TextWith Platform to your End Users, you acknowledge that we may collect certain personal information about those End Users (“End User Information Data”), and by engaging with the TextWith Platform, your End Users also acknowledge that we may collect End User Information Data. Furthermore, you acknowledge that by signing up for the TextWith Platform and TextWith’s Services, we may collect certain information about you (“Customer Data”).

2.1 End User Information Data

The End User Information Data that we may collect includes following: (a) End User’s legal name; (b) End User’s mailing address; (c) End User’s email address; (d) End User’s phone number; (e) End User’s social media profile URLs; (f) End User’s demographic data; (g) End User’s shopping history; (h) End User’s interactions with marketing communications; and (i) End User’s conversations/chat messages with TextWith’s Customer’s representatives.

2.2 Confidentiality of End User Information Data

End User Information Data is the property of TextWith, subject to and protected by the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq., and is maintained in a secured area on the TextWith Website for transmission. After any and all End User Information Data is transmitted, it is stored in our password-secured database. End User Information Data is encrypted at rest and in transit. TextWith will not sell, rent, swap, or otherwise disclose or distribute End User Information Data to any third party for promotional purposes.

2.3 Use of End User Information Data

We may collect End User Information Data and grant our customers full access to the End User Information Data of their specific End Users. “Full access” means permission to download, delete, and/or modify End User Information Data. Furthermore, with our customer’s permission, we may access End User Information Data to analyze results from Customers’ marketing campaigns.

2.4 Access & Correcting End User Information Data

TextWith has no direct relationship with those End Users whose End User Information Data it gathers or processes. A End User who seeks access to, or wishes to correct, amend, or delete, inaccurate information should direct his or her inquiry to the TextWith Customer whom the End User has been engaging with (the “Data Controller”).

Furthermore, if an End User would like to no longer be contacted by the Data Controller or have his or her End User Information Data removed from the Data Controller’s possession, the End User should contact the Data Controller directly and per the instructions listed in the Data Controller’s Terms of Service and/or Privacy Policy.

2.5 Customer Data

Customer Data may include the following: (a) your legal name and/or the legal name of your business; (b) your address and/or the address of your business; (c) your email address; (d) your phone number; (e) your subscriber name or “screen name”; (f) your social media profile URL; (g) your areas of interest; (h) your TextWith Account password used to access your or your business’s TextWith Account; (i) your method of payment; and (j) if applicable, your credit card holder data.

2.6 Confidentiality of Customer Data

Customer Data is the property of TextWith, subject to and protected by the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq., and is maintained in a secured area on the TextWith Website for transmission. After any and all Customer Data is transmitted, it is stored in our password-secured database. TextWith may use Customer Data to (a) provide services to our Customers; (b) respond to requests, inquiries, comments, and suggestions provided by Customers; (c) analyze and enhance TextWith’s communication and marketing strategies; (d) operate, evaluate, and improve our business, websites, and other products and services being offered; (e) invoice and collect payment for our Services; (f) establish and maintain individual Customer profiles; and (g) administer surveys and other marketing research. TextWith will provide Customer Data to third parties as described in Section 2.11 (Third Party Relationships).

2.7 Use of Customer Data

We may collect Customer Data so that we can contact you about your TextWith Account, the TextWith Platform, new or updated TextWith Services, and/or for marketing/promotional purposes. Furthermore, we may access Customer Data to resolve certain technical issues with the TextWith Platform.

2.8 Access & Correcting Customer Data

You may request access to correct, update, or delete all Customer Data by emailing [email protected]. We will respond to your request within thirty (30) days.

We reserve the right to verify the identity of the individual in connection with any request regarding Customer Data to help ensure that we provide the information to individuals to whom the information pertains, and allow only those individuals or their authorized representatives to exercise rights with respect to that Customer Data.

2.9 Third Party Relationships

We use other third parties to provide services related to the TextWith Website and TextWith Platform (such as technology support, data analytics support, payment processing support, web hosting, email marketing, advertising, etc.), and when End User’s sign up for or engage with the TextWith Platform we share your End User Information Data with them as necessary so that the third parties can adequately provide their services. Transfers to subsequent third parties are covered by the service agreements with our clients.

3. PRIVACY POLICIES APPLICABLE TO BOTH THE TextWith WEBSITE AND THE TextWith PLATFORM

3.1 Data Retention

Please note that we will retain and use Registration Data, User-Specific Data, End User Information Data, and Customer Data for as long as your account is active and as long as needed to provide you services, comply with our legal obligations, resolve any and all disputes, and enforce our agreements with you and third parties.

3.2 International Data Transfers

We may transfer Registration Data, End User-Specific Data, End User Information Data, and Customer Data to countries other than the country in which the data was originally collected for the purposes described in this Privacy Policy. For example, if an End User or Customer is located outside of the United States, we typically transfer the relevant Registration Data, End User-Specific Data, End User Information Data, or Customer Data to the United States, where TextWith is headquartered. The countries to which we transfer Registration Data, End User-Specific Data, End User Information Data, and Customer Data may not have the same data protection laws as the country in which you initially provided the information.

3.3 Liability for Acts of Third Parties

Although TextWith will use all reasonable efforts to safeguard the confidentiality of any Registration Data, End User-Specific Data, End User Information Data, and Customer Data it gathers, transmissions made by means of the Internet cannot be made absolutely secure. Therefore, by accessing the TextWith Website, submitting Registration Data to us, or signing up for the TextWith Platform and TextWith’s Services, you acknowledge and agree to not hold TextWith liable for any disclosure of Registration Data, End User-Specific Data, End User Information Data or Customer Data due to errors in transmission or through the unauthorized acts of third parties, including but not limited to, TextWith employees who are acting outside the scope of their authority.

DISCLAIMER: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, TextWith WILL NOT HAVE ANY LIABILITY TOWARDS CUSTOMER AND CUSTOMER’S END USERS FOR ANY DAMAGES ARISING FROM ACCESSING THE TextWith WEBSITE, OR CUSTOMER’S SUBMISSION OF REGISTATION DATA AND/OR USE OF THE TextWith PLATFORM, WHETHER THE CAUSE OF ACTION BE BASED ON TORT, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, ACTUAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR DUE TO ANY CAUSE OF ANY NATURE. BY ACCEPTING THIS PRIVACY POLICY, CUSTOMER ACKNOWLEDGES AND AGREES TO HOLD TextWith HARMLESS FROM ANY LOSS OR HARM OF ANY NATURE DUE TO CUSTOMER’S USE OF THE TextWith WEBSITE OR TextWith PLATFORM, WHETHER DIRECTLY OR INDIRECTLY. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

3.4 Notification of Privacy Policy Changes

As indicated above, we may update this Privacy Policy to reflect changes to our information needs and practices. If we make any material changes, we will notify you before these changes come into effect at the email address specified in your TextWith Account or via a notice on this website. We encourage you to periodically review this page for the latest information on our privacy practices and to always remind your End Users of changes to our Privacy Policy.

3.5 Privacy Policy Exceptions

By using the TextWith Website and/or signing up for TextWith’s Platform and TextWith’s Services, you acknowledge that there are certain exceptions to our Privacy Policy that may be triggered under rare circumstances. Under these circumstances, TextWith may be required to disclose Registration Data, End User-Specific Data, End User Information Data, or Customer Data. Currently, these circumstances include the following:

Where disclosure is required by law or the legal process, such as to comply with a state or federal investigation;

Where we believe that disclosure is necessary to protect our rights, your safety, and the safety of others; investigate fraudulent activity; or response to a government request of any kind;

Where disclosure is required due to TextWith’s involvement in a merger, acquisition, or sale of all or a portion of its assets

Where disclosure is provided to a third party with your prior consent.

3.6 Your California Privacy Rights

California Civil Code Section 1798.83 permits users of our website and Customers and End Users of the TextWith Platform that are California residents to request certain information regarding our disclosure of personal information, including, but not limited to, Registration Data, End User-Specific Data, End User Information Data, and Customer Data, to third parties for their direct marketing purposes. To make such a request, please contact us at the following:

[email protected]

3.7 Contact Information

If you have any questions about this Privacy Policy and/or our use of Registration Data, End User-Specific Data, End User Information Data, or Customer Data, please contact us at the following:

[email protected]

4. SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages.  WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes.  To make such a request, please contact us at:

[email protected]