A few definitions
In addition to the definitions in the Terms of Service, the following definitions apply:
Data Subject refers to an individual, being You or a Subscriber, whose Personal Data is transferred to the Processor.
Personal Data refers to both you and your Subscribers’ Personal Information, Sensitive Personal Information and Privileged Information, as defined herein, of any Data Subject, that are disclosed by the Controller to the Processor.
Personal Information refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
Sensitive Personal Information refers to the following personal information: race, ethnicity, marital status, age, color, and religious, philosophical or political affiliations; personal financial information; health, education, biometrics, genetics, sexual life, legal proceedings; government records including, but not limited to, social security numbers, licenses and tax returns; and any information that would reasonably be considered sensitive in nature.
Subscriber Data refers to all Personal Data and Non-Personal Data relating to your Subscribers.
Personal Information Controller or Controller refers to You, as the Party who controls the collection, holding, processing, disclosure or use of personal information.
Personal information Processor or Processor refers to Promotexter who is outsourced by You to process Personal Data pertaining to a Data Subject.
Privileged Information refers to any and all forms of data which under pertinent laws constitute privileged communication.
What we collect
Upon sign up and during our ongoing business relationship, we collect certain Personal and Non-Personal Information about you and your Subscribers.
Your Personal Information. We may collect the following information about you:
- name and job title
- email address
- mobile number
- billing address
- Account top up and spend history
All credit top-ups are handled directly through our external payment providers so we do not collect or store your financial or credit card details. If we ever store your payment details in future we will let you know.
Your Non-Personal Information. This includes, but is not limited to, your country, IP address, Cookie ID and browser type, as well as collective data resulting from your use of the Website and the Service, which may be extracted, compiled, analyzed and used by Promotexter for any lawful business purpose.
Subscriber Personal Information. refers to any Information about your Subscribers that you upload or transmit via the Service. We collect the following Subscriber Personal Information uploaded by you, including, but not limited to:
- mobile numbers
- email addresses
- optional information used by you in your campaigns to customize your messages such as customer names, membership numbers etc.
Subscriber Non-Personal Information. refers to any generic Message Content such as marketing messages and notifications which are not specific to the Subscriber.
What we do with the information
Your information will enable us to provide you with the access to our Website and to provide the Service. Your information will also enable us to provide customer support, to bill you and to notify you where necessary concerning matters relating to your Account, including but not limited to billing, maintenance, and access or changes to the Service.
We may occasionally use the information to send promotional emails about new products, special offers or other marketing purposes and information which we think you may find interesting. You may unsubscribe from such marketing communications.
Your Subscriber Data shall be processed for the sole purpose of providing and supporting the Service to you.
Links to other websites
The Website may contain links to third party Websites who should have their own Privacy Policies. Promotexter is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party sites, nor to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. If you decide to access linked third-party sites, including for online payments, you do so at your own risk.
Obligations of Controller
Client warrants that it has obtained the informed consent of the Subscriber prior to sending Messages to the Subscriber through the Promotexter Service. Any breach of this warranty shall be deemed spam and a breach of the Subscriber rights.
Client hereby undertakes and warrants not to disclose to Promotexter, under any circumstances, either directly or through Message Content or any other method, any of Data Subjects’ Sensitive Personal Information
Promotexter offers a cloud-based Software-as-a-Service and performs data processing operations in the cloud using Amazon Web Services (AWS) and other enabling providers in the USA, Europe, India, Singapore, Hong Kong and the Philippines.
We maintain logs of all activity on your account, including aggregated traffic data and message content for a reasonable period or as long as the law requires. We also hold historical message logs as required to satisfy legal requirements such as anti-cybercrime laws.
The Service is not intended to be the sole back-up location for any of Client’s Subscriber Data. Client is responsible for backing up Subscriber Data to a location other than the Service and Promotexter shall not be liable for the corruption, deletion or failure to store any Subscriber Data.
We are committed to ensuring that your information is secure to a level of security appropriate to the risks represented by the processing and the nature of the data to be protected. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Data Security Breach
In the event of any Personal Data Security Breach, Promotexter shall notify You without undue delay upon becoming aware of a Security Breach affecting Your Personal Data and/or Subscriber Data, providing You with sufficient information to allow You to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
We shall take reasonable steps to investigate, mitigate and remediate the Security Breach. We shall also put in place measures and safeguards to prevent a recurrence of any such Security Breach.
Promotexter shall indemnify and hold Client free and harmless from damages, loss, liability or costs (including reasonable attorneys’ fees and the costs of enforcing this indemnity) it suffers directly arising out of a Security Breach of Personal Data or if there be an action arising from the unauthorized use of the Personal Data, subject to the Limited Liability as specified in the Terms of Service.
Accessing and updating
You warrant that the Information you provide about yourself is true and correct. You may update your profile information in the Account Settings.
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. You may request details of personal information which we hold about you.