Valid from 2nd May 2018
the “Services”: providing online platforms that you may use to market to or stay in contact with others, including creating, sending, and managing SMS and other information related to your Subscribers;
“Member”: a person or entity that is registered with us to use the Services as provided above. When we say “you,” we are referring either to a Member or to some other person who visits any of our Websites.
“Subscriber”: is a person you contact through our Services or a person who you might choose to contact at some point in the future through the use of our Services. In other words, a Subscriber is anyone on your Contact List or about whom you have provided us information.
“Personal Information”: means any information that can be used to identify you or a Subscriber, including, but not limited to, first and last name, date of birth, email address, gender, company information, VAT number, or other demographic information.
“Contact List”: is a list/s of Subscribers and all associated information related to those Subscribers (for example, mobile numbers, names, geographical information etc).
Questions & Concerns
If you have any questions or comments, or if you want to update, delete, or change any Personal Information we hold, or you have a concern about the way in which we have handled any privacy matter, please use our online contact form @ https://smswarriors.com/contact-us/ or to send us a message on email us on [email protected] or [email protected]
Information We Collect
List and email information: When you add a Contact List or create a mobile number through out our Services, we have and may access the data on your list and the information in your mobile number.We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the quality of Services, create and maintain a trusted and safe environment and comply with our legal obligations.
Information from your use of the service: We may receive information about how and when you use the Services, store it in log files or other types of files associated with your account, and link it to other information we collect about you. This information may include, for example, your IP address, time, date, browser used, and actions you have taken within the application. This type of information helps us to improve our Services for both you and for all of our users.
Information from other sources: We may receive more information about you or your Subscribers, such as names, email addresses, demographic information, IP addresses, locations, and use of social media websites, by searching the Internet or querying third parties (we refer to that information as “Supplemental Information”). We use Supplemental Information to develop features including Social Profiles, a tool that helps you learn about your Subscribers and allows you to send them more relevant content.
Use and Disclosure of Personal Information
We may use and disclose Personal Information only for the following purposes:
To promote. In cases when you provide us with your Personal Information during your visit on our Website and do not sign up or choose any of the Services at that time, we may send you an email inviting you to sign up for some of our services. The invitation to use our Services might be sent only in the cases when you use any of our Services or might have used them previously and we think you might benefit from other Services offered by us, the offer that we deem to be beneficial would be send by an email you have provided us. Our promotional emails can be stopped by following the unsubscribe instructions included in every email we send.
To send you informational and promotional content that you may choose (or “opt-in”) to receive. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.
To bill and collect money owed to us by our Members. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see Section 14.
To communicate with our Members about their account and provide customer support.
To enforce compliance with our Terms and conditions. This may include developing tools and algorithms that help us prevent violations.
To protect the rights and safety of our Members and third parties, as well as our own.
To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal matters that may arise.
To provide information to representatives and advisors that by law they are entitled to such information, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
To prosecute and defend a court, arbitration, or similar legal proceeding.
To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
To provide, support, and improve the Services we offer. This includes our use of the data that our Members provide us in order to enable our Members to use the Services to communicate with their Subscribers. This also includes, for example, aggregating information from your use of the Services or visit our Websites and sharing this information with third parties to improve our Services. This might also include sharing your information or the information you provide us about your Subscribers with third parties in order to provide and support our Services or to make certain features of the Services available to you. When we do have to share Personal Information with third parties, we take steps to protect your information by requiring these third parties to enter into a contract with us that requires them to use the Personal Information we transfer to them in a manner that is consistent with this policy. DPA.
Data Collected for and by our Users
As you use our Services, you may import into our system Personal Information you have collected from your Subscribers or other individuals. We have no direct relationship with your Subscribers or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals. Consistent with the uses of Personal Information covered in Section 6, we may transfer Personal Information about you or your Subscribers to companies that help us promote, provide, or support our Services or the services of our Members (“Service Providers”). All Service Providers enter into a contract with us that protects Personal Information and restricts their use of any Personal Information consistent with this policy. As part of our Services, we may use and incorporate into features information you have provided, we have collected from you, or we have collected about Subscribers. We may share this information, including Subscriber mobile number, with third parties in line with the approved uses in Section 6.
If you are a Subscriber and no longer want to be contacted by one of our Members, please contact the Member directly to update or delete your data. If you contact us, we may remove or update your information within a reasonable time and after providing notice to the Member of your request.
We will retain Personal Information we process on behalf of our Members for as long as needed to provide our Services or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.
Public Information and Third-Party Websites
We have public blogs on our Websites. Any information you include in a comment on our blog when this is allowed may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us. If we are unable to remove your information, we will tell you why.
We may disclose Personal Information to the following types of third parties for the purposes described in this policy:
Service. We use trusted external service providers to provide and support certain features of our Services. The service providers that we use are carefully selected and meet high data protection and security standards. We only share information with them that is required for the services offered and we contractually bind them to keep any information we share with them as confidential and to process Personal Data only according to our instructions.
Advertising partners. We may partner with third parties to display advertising on our Websites or to manage our advertising on other sites and may share Personal Information with them for this purpose. All third parties with which we share this information enter into a contract with us that requires them to use your Personal Information in a manner that is consistent with this policy. We or our third-party partners mainly related to cookies or other tracking technologies, to gather information about your activities on our Web sites and other sites in order to provide you with advertising based on your browsing activities and interests.
Content of SMS Campaigns
When you send an SMS marketing campaign, it bounces from server to server as it crosses the Internet. Along the way, server administrators can read what you send. SMS was not built for confidential information. Please do not use SMSwarriors to send confidential information.
Sometimes we review the content of our Members’ SMS campaigns to make sure they comply with our Terms and conditions. To improve that process, we have software that helps us find SMS campaigns that may violate our Terms. Our employees or independent contractors may review those particular SMS campaigns. This benefits all Members who comply with our Terms and conditions because it reduces the amount of spam being sent through our servers and helps us maintain high deliverability.
Your Contact Lists
A Contact List can be created in a number of ways, including by importing contacts, such as through CSV or XLSX. Your Contact Lists are stored on secure OVH Cloud servers and on Microsoft Azure Cloud. We do not, under any circumstances, sell your Contact Lists. If someone on your Contact List complains or contacts us, we might then contact that person. Only authorized employees, specifically C-level executives, Account managers, Business Development Managers and Head of Operations have access to view Contact Lists. You may export (download) your Contact Lists from SMSwarriors at any time.
We will use and disclose the information in your Contact Lists only for the reasons discussed in Sections 6-9. We will not use and disclose the information in your Contact Lists to:
- bill or collect money owed to us;
- send you system alert messages;
- communicate with you about your account; or
- send you informational and promotional material.
If we detect abusive or illegal behaviour related to your Contact List, we may share your Contact List or portions of it with affected ISPs or anti-spam organizations.
Notice of Breach of Security
If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Contact Lists, then SMSwarriors will notify you in accordance with Art. 33 of GDPR.
Safeguarding Your Information
We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.
Our credit card processing vendor uses security measures to protect your information both during the transaction and after it is complete. Our vendor is certified as compliant with card association security initiatives, including the Visa Cardholder Information Security and Compliance (CISP), MasterCard® (SDP), and Discovery Information Security and Compliance (DISC). All our credit card transactions are protected using 3D Secure and will not be accepted if they are not 3D Secure enabled.
SMSwarriors accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your Contact Lists is so sensitive, account passwords are encrypted, which means we cannot see your passwords. We cannot resend forgotten passwords either. We will only reset them.
We Operate in Malta
Our head offices are located in Malta, while our servers are located in the EU, in various locations throughout EU/EEA as specified on our third parties website https://azure.microsoft.com/en-us/global-infrastructure/locations/ and https://www.ovh.com/world/about-us/datacenters.xml , so your information may be transferred to, stored, or processed in these countries. While the data protection, privacy, and other laws of Malta might not be as comprehensive as those in your country, we take many steps to protect your privacy. By using our Websites, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in Malta and other countries mentioned above and those third parties with whom we share it as described in this policy in accordance with EU legislation. All the actions listed above are done in accordance to.
Accuracy of Data, Transparency, and Choice
We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes (for example, if you have a new email address), then you are responsible for notifying us of those changes. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information.
We will retain your information for as long as your account is active or as long as needed to provide you with our Services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our Agreements.
As explained in Sections 6 and 9 of this policy, SMSwarriors shares your Personal Information and the Personal Information you may have collected from your Subscribers with Service Providers in order to provide and support our Services.
We will give an individual, either you or a Subscriber, access to any Personal Information we hold about them within 30 days of any request for that information. Unless it is prohibited by law, we will remove any Personal Information about an individual, either you or a Subscriber, from our servers at your or their request. There is no charge for an individual to access or update their Personal Information.
Do Not Track Disclosure
“Do Not Track” is a standard that is currently under development. Because it is not yet finalized, SMSwarriors adheres to the standards in this policy and does not monitor or follow any Do Not Track browser requests. That said, some of our features may have the ability to monitor or follow Do Not Track browser requests.