Privacy Policy of Impact Mobile

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