Impact Mobile Inc. Privacy Policy

Impact Mobile Inc. (“Impact Mobile”, “We”, “Us” or “Our”) is com­mit­ted to pro­tect­ing the pri­vacy of Our cus­tomers, and vis­i­tors to Our web­site. Your pri­vacy is impor­tant to Us. The pur­pose of this Pri­vacy Pol­icy is to inform you about the infor­ma­tion We may gather about you, how We may use that infor­ma­tion, whether We dis­close it to any­one, and the choices you have regard­ing Our use of the infor­ma­tion We collect.

We only use the infor­ma­tion We col­lect about you to process orders, deliver ser­vices requested by you, and to pro­vide sup­port and upgrades for Our products.

By using Our web­sites, prod­ucts, ser­vices, or oth­er­wise by inter­act­ing with Us, you con­sent to this pri­vacy pol­icy. Please do not engage in any of these activ­i­ties if you do not agree with the terms of this pri­vacy pol­icy. This web­site (“Site”) is the exclu­sive prop­erty of Impact Mobile. All infor­ma­tion col­lected on the Site is Our exclu­sive property.

If you have any ques­tions about this pol­icy please use the con­tact infor­ma­tion pro­vided in Sec­tion XII.

I. Infor­ma­tion Col­lected by Impact Mobile. In gen­eral, Impact Mobile will col­lect infor­ma­tion from you based upon Our busi­ness rela­tion­ship and your use of the site and Our ser­vices as set forth below. When you com­mu­ni­cate with Us via Our web­sites or through asso­ci­ated prod­ucts or ser­vices you may pro­vide per­sonal infor­ma­tion to Us. Depend­ing upon the form of your com­mu­ni­ca­tion, this infor­ma­tion may include at a min­i­mum your name, mobile tele­phone num­ber and/or email address, but may include addi­tional per­sonal data.

II. Use of Infor­ma­tion. Impact Mobile col­lects and uses your per­sonal infor­ma­tion to give you high qual­ity cus­tomer ser­vice, to pro­vide you with con­ve­nient access to Our prod­ucts and ser­vices, and to make you aware of the lat­est offer­ings from Impact Mobile. We only use your infor­ma­tion for the pur­poses for which it is gath­ered for and We take rea­son­able pre­cau­tions to main­tain the reli­a­bil­ity of such information.

We may use your per­sonal infor­ma­tion to con­firm or respond to your request for infor­ma­tion. We may also need your per­sonal infor­ma­tion to enable Us to pro­vide a ser­vice you have requested. Exam­ples of how We may use your infor­ma­tion include:

a. Service-related Announce­ments. We will send you service-related announce­ments when it is nec­es­sary to do so. For instance, if Our ser­vice is tem­porar­ily sus­pended for main­te­nance, We might send you an email. You can opt out of these alerts by con­tact­ing your Impact Mobile account manager.

b. Cus­tomer Ser­vice. We will also com­mu­ni­cate with you in response to your cus­tomer ser­vice inquiries, to pro­vide the ser­vices you request, and to man­age your account. Such com­mu­ni­ca­tions may require use of per­son­ally iden­ti­fi­able infor­ma­tion you have pro­vided to Us.

c. Mobile User Infor­ma­tion. As part of Our ser­vices, We some­times receive per­sonal infor­ma­tion from wire­less car­ri­ers and oper­a­tors in order to pro­vide ser­vices involv­ing mobile mar­ket­ing cam­paigns and data ser­vices requested by indi­vid­ual users. All such per­sonal infor­ma­tion is acquired from either the wire­less car­rier or from the user’s mobile device via the wire­less carrier’s net­work. This per­sonal data is usu­ally lim­ited to the user’s cell phone num­ber, but depend­ing upon the type of cam­paign, addi­tional per­sonal infor­ma­tion may be acquired. The user must explic­itly “opt in” through the wire­less car­rier in order for any of this infor­ma­tion to be col­lected and its use is gov­erned by this Pri­vacy Pol­icy and any poli­cies or pro­ce­dures of the user’s wire­less car­rier. We only use per­sonal infor­ma­tion We receive as part of Our ser­vices for the pur­pose of pro­vid­ing those ser­vices to the wire­less car­ri­ers and their subscribers.

d. Part­ner Ser­vices. For ser­vices involv­ing a mes­sag­ing aggre­ga­tor, con­tent provider, or other part­ner, We may also need to pro­vide per­sonal infor­ma­tion to that part­ner. The pri­vacy pol­icy of such part­ners will apply to its use of your infor­ma­tion. Typ­i­cally the pri­vacy pol­icy of such part­ners would be dis­closed in the Terms and Con­di­tions of their ser­vices which would be avail­able to you when you sign up for their ser­vices. We are not respon­si­ble for how the partner’s pri­vacy pol­icy, nor its enforce­ment. We will not pro­vide your per­sonal infor­ma­tion to any other third par­ties with­out your express permission.

e. Cook­ies. Cook­ies are files that web browsers place on a computer’s hard drive and are used to tell Us whether cus­tomers and vis­i­tors have vis­ited the Site pre­vi­ously, as well as allow Us to gather infor­ma­tion such as browser type and oper­at­ing sys­tem, track the num­ber of vis­i­tors to the web­site, and under­stand how vis­i­tors use the web­site. Per­son­ally iden­ti­fy­ing infor­ma­tion can­not be col­lected via cook­ies and other track­ing technology.

III. Dis­clo­sure of Information

a. Gen­eral. As a mat­ter of pol­icy, We do not sell or rent any of your per­sonal infor­ma­tion to third par­ties for any adver­tis­ing or mar­ket­ing pur­poses. How­ever, We reserve the right to dis­close your per­son­ally iden­ti­fi­able infor­ma­tion as required by law, and when We believe that dis­clo­sure is nec­es­sary to pro­tect Our rights and/or to com­ply with a judi­cial pro­ceed­ing, court order, or legal process.

b. Dis­clo­sure of Infor­ma­tion to Impact Mobile For­eign Affil­i­ates. Because Impact Mobile is a global com­pany, We may share your infor­ma­tion with other Impact Mobile affil­i­ates and busi­ness units in other parts of the world in order to pro­vide you with Our ser­vices. Your per­son­ally iden­ti­fi­able infor­ma­tion may be trans­ferred by Us from your home coun­try to Impact Mobile employ­ees in Impact Mobile offices around the world, who may com­mu­ni­cate with you regard­ing your inquiry. Please under­stand that We limit access to your per­son­ally iden­ti­fi­able infor­ma­tion to only those Impact Mobile employ­ees who We believe need access in order to pro­vide ser­vices to you or to oth­er­wise do their jobs.

(i) Com­pli­ance with Laws. Notwith­stand­ing Sec­tion III(a) above, We may dis­close Per­sonal Data to gov­ern­men­tal author­i­ties when required or rea­son­ably requested to do so by such gov­ern­men­tal author­i­ties. This Pri­vacy Pol­icy does not apply to the extent that it is in con­flict with any laws.

IV. Safe Har­bor, HIPAA. Impact Mobile processes, on behalf of its clients (Impact Mobile “Clients”), Per­sonal Data that has been col­lected by or on behalf of those Clients. “Per­sonal Data” means infor­ma­tion relat­ing to an iden­ti­fied or iden­ti­fi­able per­son. Under the United States/European Union Data Pro­tec­tion Safe Har­bor Arrange­ment (the “Safe Har­bor”), Impact Mobile pri­mar­ily acts as a Data Proces­sor and each Client acts as a Data Con­troller. For the pur­poses of the Safe Har­bor and this Pri­vacy State­ment: a “Data Proces­sor” is an entity that processes Per­sonal Data on behalf of a Data Con­troller; a “Data Con­troller” is an entity that deter­mines the pur­poses for which Per­sonal Data are processed. To “process” Per­sonal Data means to carry out an oper­a­tion or set of oper­a­tions on such Per­sonal Data, such as col­lect­ing, record­ing, stor­ing, dis­clos­ing, or orga­niz­ing it. The “Data Sub­ject” means the per­son to whom a cer­tain set of Per­sonal Data relate; for exam­ple, the per­son who responds to a survey.

a. Data Pro­cess­ing. As Data Proces­sor, Impact Mobile will only process Per­sonal Data pur­suant to the instruc­tions of the applic­a­ble Client. Impact Mobile may use the ser­vices of third party Data Proces­sors to process Per­sonal Data in accor­dance with pur­poses iden­ti­fied for such Per­sonal Data by the applic­a­ble Client. Except as stated herein, Impact Mobile will not trans­fer Per­sonal Data to a third party with­out instruc­tions from the applic­a­ble Client. Impact Mobile will not be respon­si­ble for deter­min­ing the authen­tic­ity of any pur­ported Data Subject’s request to access his or her Per­sonal Data. In the absence of express instruc­tions to do so from the applic­a­ble Client, Impact Mobile will not pro­vide a pur­ported Data Sub­ject with access to his or her Per­sonal Data unless required by law.

b. Data Con­trol. As Data Con­troller, Impact Mobile receives Per­sonal Data about Our busi­ness con­tacts. Impact Mobile owns and con­trols such Per­sonal Data as stated in this Pri­vacy Policy.

V. This Site is not for use by chil­dren. Pro­tect­ing the pri­vacy of chil­dren is impor­tant to Impact Mobile. For that rea­son, Our prod­ucts and ser­vices are struc­tured specif­i­cally so as not to attract any­one under 13, nor do We col­lect or main­tain per­son­ally iden­ti­fi­able infor­ma­tion from those who Impact Mobile actu­ally knows are under 13. If Impact Mobile learns or is noti­fied that it has col­lected infor­ma­tion from users under the age of 13, Impact Mobile will imme­di­ately delete such per­son­ally iden­ti­fi­able information.

VI. Opt-Out. For any SMS-based pro­grams offered directly or indi­rectly by Impact Mobile, you may opt out by reply­ing “STOP” to one of the pro­gram mes­sages received. If you are receiv­ing ser­vice or mar­ket­ing alerts via email, you may opt out of the dis­tri­b­u­tion list by con­tact­ing your Impact Mobile account man­ager or by send­ing your request to optout@impactmobile.com.

VII. Secu­rity. We take appro­pri­ate tech­ni­cal and orga­ni­za­tional mea­sures to guard against unau­tho­rized or unlaw­ful pro­cess­ing of your per­sonal data and against acci­den­tal loss or destruc­tion of, or dam­age to, your per­sonal data. Impact Mobile uses industry-standard secu­rity mea­sures to pro­tect the integrity and con­fi­den­tial­ity of any Per­sonal Data it owns or processes on behalf of Clients, includ­ing, in appro­pri­ate cir­cum­stances, the use of fire­walls, restricted access, and encrypted trans­mis­sions. Impact Mobile lim­its access to Per­sonal Data to those per­sons in Impact Mobile’s orga­ni­za­tion who have a busi­ness need to process such Per­sonal Data. How­ever, no com­pany, includ­ing Impact Mobile, can fully elim­i­nate the secu­rity risks asso­ci­ated with such Per­sonal Data. Due to fac­tors beyond Impact Mobile’s con­trol, Impact Mobile can­not ensure that Per­sonal Data will not be dis­closed to third par­ties. For exam­ple, Impact Mobile may become legally oblig­ated to dis­close such data, or, despite pre­cau­tions, third par­ties may cir­cum­vent secu­rity mea­sures to inter­cept or access such data. Fur­ther­more, no data trans­mis­sion over the inter­net or wire­less net­works can be guar­an­teed to be totally secure and there­fore We can­not ensure or war­rant the secu­rity of infor­ma­tion you send to Us or through Our mobile mes­sag­ing plat­form. You send infor­ma­tion via this site and/or Our mes­sag­ing plat­form at your own risk.

VIII. Dis­claimer. We can­not ensure that all of your pri­vate com­mu­ni­ca­tions and other per­sonal infor­ma­tion will never be dis­closed in ways not oth­er­wise described in this Pri­vacy Pol­icy. Impact Mobile does not review, com­ment upon, or mon­i­tor its Clients’ com­pli­ance with their respec­tive pri­vacy poli­cies, nor does Impact Mobile review Client instruc­tions to deter­mine whether they are in com­pli­ance or con­flict with the terms of a Client’s pub­lished pri­vacy policy.

IX. Links to Other Sites. Please be advised this Pri­vacy Pol­icy does not apply to the prac­tices of com­pa­nies that Impact Mobile does not own or con­trol or to peo­ple that Impact Mobile does not employ or man­age. This includes links to other web­sites on the Site as well as any com­pa­nies from whom you may have ordered ser­vices or prod­ucts that are trans­mit­ted over Impact Mobile’s mobile trans­ac­tion net­work, and any com­pa­nies from whom you may be pur­chas­ing telecom­mu­ni­ca­tions ser­vices. Impact Mobile rec­om­mends that you be aware when you leave the Site and read the terms of use and pri­vacy poli­cies of any site that col­lects per­son­ally iden­ti­fi­able information.

X. Changes to this Pri­vacy Pol­icy. We reserve the right to mod­ify this Pri­vacy Pol­icy at any time, so please review it reg­u­larly. If We make changes to this Pri­vacy Pol­icy, We will post the revised Pri­vacy Pol­icy on the Site and other places We deem appro­pri­ate. All such changes shall be bind­ing on you 30 days after they are ini­tially posted on the Site unless you are a new user, in which case they are bind­ing on you immediately.

XI. Acqui­si­tions. If another com­pany acquires Impact Mobile or its assets, that com­pany will (a) process that Per­sonal Data held by Impact Mobile, and (b) assume the rights and oblig­a­tions regard­ing such Per­sonal Data described in this Pri­vacy Policy.

XII. Con­tact Infor­ma­tion for Inter­na­tional Users. In order to com­ply with the Euro­pean Union’s Safe Har­bor Prin­ci­ples, Impact Mobile com­mits to the res­o­lu­tion of com­plaints about your pri­vacy and Our col­lec­tion or use of your per­sonal infor­ma­tion. We have com­mit­ted to resolve any com­plaints by Euro­pean Union cit­i­zens relat­ing to this pol­icy, which can­not be resolved directly with Our com­pany, through BBB EU Safe Har­bor (a dis­pute res­o­lu­tion pro­ce­dure admin­is­tered by the Coun­cil of Bet­ter Busi­ness Bureaus, Inc.). Impact Mobile takes its users’ pri­vacy con­cerns seri­ously, and if you believe that Impact Mobile has not com­plied with this Pri­vacy Pol­icy in regards to your per­sonal infor­ma­tion, you may write to Impact Mobile at the fol­low­ing address:

Impact Mobile, Inc.
460 Rich­mond Street West, Suite 700
Toronto, Ontario
Canada M5V 1Y1
Email: info@impactmobile.com

In your let­ter, please describe in as much detail as pos­si­ble the ways in which you believe that We have not com­plied with this Pri­vacy Pol­icy. We will inves­ti­gate and ver­ify your com­plaint in a timely manner.

Effec­tive June, 2011