REPCARD PRIVACY POLICY
Last modified: January
2022
ABOUT US
RepCard, LLC
(together with its subsidiaries, “RepCard”, “us”, “we”, “our”, or “ours”) is a
leading provider of online and mobile device tools for small and medium
businesses, nonprofits, and other organizations to connect with their contacts
or customers through SMS/MMS and e-mail marketing, social media, and more. We collectively
refer to the products and services that are ordered by our Users and/or made
available through the RepCard platform (the “Platform”) through the website found
at https://www.repcard.com (the “Site”), as
well as the mobile application version of the Site (the “App”), as the “Services.”
Personal
information and other data submitted by or on behalf of a user of the Services,
including contact lists (which may include email addresses and other
information for a user’s contacts) and content (including the content of a user’s
campaigns) (collectively, “User Data”), belongs to and is controlled by our Users
(as defined below). RepCard does not process User Data except as provided in
our online user agreements with our users. We are not responsible for the
privacy or data security practices of our Users, including with respect to the
personal information they collect or upload to our Services.
INFORMATION
COVERED BY THIS PRIVACY POLICY
This Privacy
Policy provides details about our practices relating to personal information
collected from or about users of the Services and others (collectively, our
“Users”, “you”, or “your”). It describes how your personal information is
collected, used and shared by us in the course of operating the Site, the App,
the Platform, and providing our Services.
The User Data that
we handle on behalf of our Users is not collected on the Site but, rather,
through Users’ independent use of the Platform.
For example, our Users may use the Platform to encourage their customers
or contacts to sign up for promotions or offers sent by SMS/text message. E-mails which may be sent from the Platform may
include single pixel gifs, also known as web beacons, which contain unique
identifiers that enable us and our Users to recognize when their contacts have
opened an e-mail or clicked certain links. These technologies record each customer or contact’s
email address, IP address, date, and time associated with each open and click
for a SMS/texting or email campaign. We use this data at our Users’ direction
to create reports for our Users about how an SMS/text or email campaign
performed and what actions their contacts took and to analyze, customize and
enhance our Users’ communications and business development.
THIS PRIVACY
POLICY ONLY APPLIES TO OUR USERS’ PERSONAL INFORMATION. IT DOES NOT APPLY TO ANY OF OUR USERS’ CUSTOMERS’
OR CONTACTS’ PERSONAL INFORMATION INCLUDED IN THE USER DATA. WHEN WE RECEIVE OUR USERS’ CONTACTS’ PERSONAL
INFORMATION FROM OUR USERS, WE ARE ACTING IN THE ROLE OF A PROCESSOR OR SERVICE
PROVIDER ONLY, INCLUDING WHEN WE OFFER TO OUR USERS VARIOUS PRODUCTS AND
SERVICES THROUGH WHICH OUR USERS (OR THEIR AFFILIATES): (i) SELL OR OFFER THEIR
OWN PRODUCTS AND SERVICES; (ii) SEND ELECTRONIC COMMUNICATIONS TO THEIR
CONTACTS THROUGH OUR SERVICES; OR (iii) OTHERWISE COLLECT, USE, SHARE OR
PROCESS PERSONAL INFORMATION VIA OUR SERVICES.
In addition to
this Privacy Policy, the following addenda related to individuals in certain
locations also apply to your purchase or use of those Services where
applicable. These addenda are a part of this Privacy Policy:
§ Addendum for Users
in California
§ GDPR Addendum (for
Users in the European Union (EU), European Economic Area (EEA), the United
Kingdom (UK) and Switzerland)
INFORMATION WE
COLLECT FROM YOU
In the course of
your access or use of the Site or App, or registration for, purchase of, or
subscription to, the Services, we obtain the information about you described
below. We collect this data for the purposes described under “How We Use Your
Information”.
INFORMATION YOU
PROVIDE TO US
We collect the
following information from you when you provide it to us:
§ Information you
provide prior to any registration process, such as your contact information
when you provide it to us on any web form or to sign up for other service
offered by us;
§ Information that
you provide during any registration process, including in connection with a
co-branded offer (such as your name, company name, email address, phone number,
billing address or credit card information, geographic location and industry);
§ Information you
provide, when you call or email us (for support or otherwise) or when you use
our products or services;
§ Payment
information, including credit card data that you provide to us (by way of our
Services or otherwise) when you purchase some of our products and services;
§ Information you
provide to us at trade shows, meetings, or other events;
§ Information you
provide to us at seminars or webinars; and
§ Information you
provide to us in surveys.
By interacting
with our Services, you acknowledge and consent to our obtaining and posting your
testimonials or reviews for inclusion on our Site, in our social media, or
elsewhere across the Platform. Your posts may remain even after you suspend or
cancel your account. Reviews and contributions to any of our public communities
are considered public and non-confidential by us and are not treated as
proprietary information or personal information covered by this Privacy Policy.
To request removal of your personal information on our public forums or on the
public portions of our websites, please contact us. In some cases, we may not
be able to remove your personal information, in which case we will let you know
if we are unable to do so and why.
We also collect
information that you may provide during your telephone conversations with us,
which we may monitor or record.
INFORMATION WE
COLLECT ABOUT YOUR USAGE AND DEVICES
We collect data
relating to your online activity through the Site, the App, and Services,
including the following:
§ IP address;
§ Browser type and
version;
§ Type of device you
use, operating system version, and device identifier;
§ Geographic
location;
§ Pages you view;
§ How you got to our
Services and any links you click on to leave our Services;
§ When you update
your information, communicate with us, or order new Services;
§ Metadata about
your use of our Services and emails we send to you (including clicks and
opens);
§ Metadata about how
your customers, contacts, and users interact with the Services we provide you;
§ Your interactions
with any videos we offer;
§ Issues you
encounter requiring our support or assistance; and
§ Any device or
other method of communication you use to interact with the Services.
INFORMATION WE
ACQUIRE FROM SOCIAL MEDIA
We may collect
information from third party social networking sites, including information
that they provide to us if you use your credentials at such social networking
sites to register for or log into our Services (such as your name and email
address to pre-populate our sign-up form).
The information
you allow us to access varies by social networking site, and depends on the
level of privacy settings you have in place at the social networking site. You
can control and find out more about these privacy settings at the applicable
social networking site.
INFORMATION WE
ACQUIRE FROM OTHER SOURCES
We also collect
the following information from other sources:
§ Information you
provide to our partners or affiliates;
§ Information that
is publicly available; and
§ Information you
consent to us receiving from third parties.
We also collect
information that you may provide during your telephone conversations with us,
which we may monitor or record.
We may combine any
information we collect about you with other information we have about you to
help us update, expand, and analyze our records, identify new Users, and
suggest products and services that may be of interest to you. If you provide us
personal information about others, or if others give us your information, we
will only use that information for the specific reason for which it was
provided to us.
HOW WE USE YOUR
INFORMATION
We use the
information we collect, both on its own and combined with any other information
we collect about you as discussed above, for the following business and
commercial purposes:
§ To provide the
requested Services to you;
§ To provide you
with useful content;
§ To ensure the proper
functioning of our Services and the Platform;
§ To offer, operate,
evaluate and improve our Services, the Platform, and our business;
§ To provide you
with requested information or technical support;
§ To facilitate your
movement through the Site, App, or other use of our Services;
§ To do a better job
of advertising and marketing our Services (subject to your consent where
required by applicable law);
§ To advertise and
market third party products and services (subject to your consent where
required by applicable law);
§ To diagnose
problems with our servers or our Services;
§ In connection with
our security and compliance programs;
§ To administer the
Site and App;
§ To communicate
with you;
§ To target current
or prospective Users with our products or Services through online
advertisements served on third-party sites by third-party vendors, such as
Google (subject to your consent where required by applicable law);
§ To assist us in
offering you a personalized experience or otherwise tailor our Services to you
(for example, in order to provide you with specific resources applicable to
your industry); and
§ As otherwise
described in this Privacy Policy.
We also use the
information we receive to produce reports on trends and statistics, such as
mobile search trends, email and SMS/text response rates by industry, campaign
best practices or the number of users that have been exposed to, or clicked on,
our Site or evaluated or purchased our products or Services.
Payment information
that you provide to us, including credit card data, will only be used to
facilitate payment for the Services.
We also use
recorded telephone conversations for quality control purposes, to train our
employees and for our records.
SHARING OF INFORMATION
As further
described below, we will only share certain personal information with:
§ Other members of
the RepCard corporate family;
§ Our partners;
§ Third-party
service providers and vendors;
§ In connection with
a sale, merger, acquisition or corporate reorganization;
§ Authorized users
within your organization; and
§ Legal or
regulatory authorities and other relevant third parties for legal reasons.
SHARING WITHIN THE
CONSTANT CONTACT CORPORATE FAMILY
We occasionally
share business contact or other information about our Users with other members
of the RepCard corporate family to improve our products and services and so
that we may better provide you with information about our offers, services or
products that may be of interest to you. The RepCard corporate family includes
affiliates that directly or indirectly control, are controlled by, or are under
common control with RepCard, LLC. Any such corporate affiliate may use your
information only according to the terms of this Privacy Policy. If you are
located in a jurisdiction where such sharing requires your permission, we will
only do so with your consent.
SHARING WITH
PARTNERS
The information we
share with our partners includes your name, email address, telephone number,
and other information enabling our partners to assist you in using our
Services.
Our partners may use cookies, web beacons, pixels, tags and other similar technologies (“Tracking Technologies”) in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising or to opt out of interest-based advertising on your mobile device(s), please email support@repcard.com. Please note you will continue to receive generic ads.
If you are located
in a jurisdiction where such sharing requires your permission, we will only do
so with your consent. Please note that if you access our Services through a
tool that hides your location, such as through a virtual private network, you
may not receive our request for permission because we were not able to identify
you as being located in a jurisdiction where your permission is required.
Further, our
partners are prohibited from using your contact information for any purpose
beyond those set forth above without your consent. We will not provide our
partners with your credit card information.
In the event we
collect information from you in connection with an offer that is jointly
presented by us and a partner, we will let you know who is collecting the
information and whose Privacy Policy applies, as well as any options you may
have regarding use of your information.
SHARING WITH
SERVICE PROVIDERS AND VENDORS
Occasionally, we
enter into contracts with carefully selected service providers to assist us in
servicing you or to assist us in our own marketing and advertising activities.
The categories of service providers we share your personal information with
include:
§ Cloud hosting
services;
§ Analytics
services;
§ Marketing and
advertising services;
§ Advertising
networks;
§ User relationship
management services;
§ User support
services;
§ Software services;
§ E-commerce
services;
§ Professional
services;
§ Fraud detection
and deterrence services;
§ Storage services;
§ Search engine
optimization services; and
§ Information
technology services.
SHARING WITH YOUR
ORGANIZATION
If you created an
account with an e-mail address or mobile number assigned to you as an employee,
contractor, or member of an organization, we may provide that organization with
certain limited information about your account, including your email address or
the organization name you provided us with, upon the organization’s request.
CORPORATE
REORGANIZATIONS
We will disclose
and transfer your information to third parties in the event that we:
§ sell, buy,
transfer, merge, consolidate or reorganize any part(s) of our business, or
merge with, acquire, or are acquired by, or form a joint venture or partnership
with, any other business, in which case we may disclose your data to any
prospective buyer, new owner, or other third party involved with such change to
our business; or
§ sell, buy or
transfer any business or assets (whether as a result of liquidation, bankruptcy
or otherwise), in which case we will disclose your data to the prospective
seller or buyer of such business or assets.
We will notify you
by email and/or a prominent notice on our website of any such transfer and any choices
you may have regarding your information.
AUTHORIZED USERS
All users
authorized by you to have access to your account can view personal information
stored in the User account. A primary account holder can view personal
information saved in subaccounts to which they have authorized access. We share
information about authorized users only for legitimate purposes consistent with
this Privacy Policy, including servicing your account and marketing products
and Services to you.
LEGAL PROCESS
If legally
required to do so, or if we have a good faith belief that such disclosure is
reasonably necessary, we may disclose your personal information to courts of
law, public authorities (including to meet national security or law enforcement
requirements), and other relevant third parties, such as internet service
providers, to conduct an investigation, respond to a third party or law
enforcement subpoena or court order, to bring legal action, prevent harm to
others or pursue other relief when you or a third party are or may be:
§ Violating our
terms and conditions of use;
§ Causing injury or
other harm to, or otherwise violating the property or other legal rights, of
us, other users, or third parties; or
§ Violating federal,
state, local, or other applicable law.
SECURITY
The transmission
of information via the Internet, email or text message is not completely
secure. Although we will do our best to protect your personal information, we
cannot guarantee the security of your information transmitted through the Services,
SMS/text, or over email; any transmission is at your own risk. Once we have
received your information, we will take appropriate technical and
organizational measures to safeguard your personal information against loss,
theft and unauthorized use, access or modification.
When we collect financial account information, such as credit card numbers handles by our third-party payment processor (e.g Stripe), we protect its transmission through the use of encryption such as the Transport Layer Security (TLS) protocol
TRACKING
TECHNOLOGIES
We use cookies,
web beacons, pixels, tags, scripts and other similar technologies (“Tracking
Technologies”) in the course of our business.
CHOICE/OPT-OUT
MARKETING
COMMUNICATIONS FROM US
E-MAIL
You always have
the opportunity to opt out of our marketing communications with you or change
your preferences by following a link in the footer of all non-transactional
email messages from us or by emailing us at support@repcard.com. Some
communications from us are considered transactional or service communications
(for example, important account notifications and billing information). You
agree to receive these transactional and service communications as a condition
of the Services that we provide to you. You must cancel your accounts for all
Services if you do not wish to receive any transactional or service
communications from us. To cancel your account, please contact customer
support. You may still receive marketing communications from us even after you cancel
your account unless you also opt-out of our marketing communications, as
described above.
PHONE/SMS/TEXT
If you do not want
to receive marketing calls by phone or SMS/text, you may contact customer
support and indicate your preference to us, or opt-out by following the
applicable instructions contained in the SMS/text (e.g., replying “STOP”). Note
that we may use automated telephone dialing technology (sometimes referred to
as “ATDS”) to place marketing calls and SMS/text messages. In the event we do use such technology for
marketing calls or text messages, we will do so with your prior consent as
required to comply with applicable law. You
understand that you do not need to agree to receive automated marketing phone
calls or text messages from us in order to register for or use the Services.
INFORMATION FROM
THIRD PARTIES
To manage the
information we receive about you from a social networking site or other third
party (for example, if you link your RepCard and Facebook accounts), you will
need to follow the instructions from that party for updating your information
and changing your privacy settings, where available. The information we collect
is covered by this Privacy Policy and the information the third party collects
is subject to such third party’s privacy practices. Privacy choices you have
made on any third party site will not apply to our use of the information we
have collected directly through our Services.
UNAUTHORIZED
ACCOUNTS
If an account or
profile was created without your knowledge or authorization, please contact
customer support at once to request removal of the account or profile.
RETENTION OF
PERSONAL INFORMATION
We retain your
personal information to provide Services to you and as otherwise necessary to
comply with our legal obligations, resolve disputes, and enforce our
agreements. We will retain your personal information for no more than seven (7)
years following the later of (i) the date on which you terminate your use of
the Services or (ii) May 25, 2018, unless we are otherwise required by law or
regulation to retain your personal information for longer.
YOUR RIGHT TO
CONTROL HOW YOUR PERSONAL INFORMATION IS USED
You have the right
to make requests regarding your personal information. You can:
§ Ask us to update
or correct personal information if it is inaccurate;
§ Request that we
transfer some or all of your personal information to you or a third party
(whenever it is technically feasible to do so);
§ Make choices about
receiving marketing communications; and
§ Withdraw your
consent to process your personal information at any time in circumstances where
we are relying on your consent as our basis for processing.
To exercise any of
your rights, please send an email to support@repcard.com.
In addition to the
rights above, residents of California,
the EU, EEA and the UK have further rights which are detailed below.
Please note that some rights only apply in certain circumstances or to certain
information and some exceptions may apply.
We may require you
to verify your identity before responding to any requests to exercise your
rights.
RESIDENTS OF
CALIFORNIA
In addition to the
rights outlined above, where the CCPA or related data protection laws apply,
you may:
§ Request to know
the categories of personal information we collect about you, as well as the
sources from which the personal information is collected; the business or
commercial purpose of our collection; the categories of third parties with whom
we share your personal information; and the specific pieces of personal
information we hold about you.
§ Request certain
information regarding, and/or opt-out of, our disclosure of your personal
information to third parties.
§ Request that we
delete the personal information we hold about you in certain limited
circumstances.
For specific information about your California privacy rights, please review the following section:
ADDENDUM FOR
CALIFORNIA USERS
The following Addendum
for California Users (the “CA Notice”) supplements the information contained in
the RepCard’s (“RepCard”, “We”, “Us”, “Our”, or “Ours”) Privacy Policy
(the “Privacy Policy”) and applies solely to residents of California (each, a “Consumer”, “You”, “Your”, or
“Yours”). Unless otherwise defined in
this Privacy Policy, capitalized terms have the same meaning here as in the
Privacy Policy. THIS CA NOTICE DOES NOT
APPLY WHEN WE ARE ACTING AS A SERVICE PROVIDER AND PROCESSING PERSONAL
INFORMATION ON BEHALF OF OUR USERS.
Information We
Collect as a Business Under the CCPA
We collect
personal information, meaning information that identifies, relates to,
references, describes, or is capable of being associated with, or could be
reasonably linked, directly or indirectly, with a particular consumer or
device. For the purposes of this CA Notice, personal information does not
include:
We collect
personal information from and about consumers for a variety of business
purposes. To learn more about the types of personal information we collect, the
sources from which we collect or receive personal information, and the purposes
for which we use this information, please refer to the “Information We Collect
From You” and “How We Use Your Information” sections in our Privacy
Policy.
In the last 12
months, we have collected the following categories of personal information from
the sources and for the purposes stated below.
|
Category of
Personal Information Collected |
Examples |
|
Identifiers |
Name, address,
phone number, email address, or other similar identifiers. |
|
Commercial
Information |
Products or
services purchased and information relating to your use of our Services. |
|
Internet/Network
Information |
IP address,
browser, or device information. |
|
Other Personal
Information |
Information you
provide to us when you register for or attend an event organized or hosted by
us, information you permit us to see when interacting with us through social
media, or comments and opinions you provide to us such as when you post on
message boards, blogs or complete an online form. |
|
Inferences |
Information
generated from your use of the RepCard Site or App reflecting predictions
about your interests and preferences. |
We obtain the
categories of personal information listed above from the following sources:
Purposes for
Collecting Personal Information
We may collect,
use or disclose personal information about you for one or more of the following
business and/or commercial purposes:
Disclosure of
Personal Information
In the previous 12
months, we have disclosed the categories of personal information we collect to
the following third parties for the business purpose set out in the table
below.
|
Category of
Personal Information Collected |
Third party
disclosures |
|
Identifiers |
Service
providers and vendors, partners, authorized users within your organization
and other members of our corporate family. |
|
Commercial
Information |
Service
providers and vendors, partners, authorized users within your organization
and other members of our corporate family. |
|
Internet/Network
Information |
Partners and
other members of our corporate family. |
|
Other Personal
Information |
Third party
service providers and vendors, partners. |
|
Inferences |
Third party
service providers and vendors, partners and other members of our corporate
family. |
Sale of Personal
Information
When you interact
with our websites, we may use, or authorize third-party partners and service
providers to use, cookies, web beacons and similar technologies to improve your
experience with us. These technologies can collect personal information about
you that can be used by us and/or our authorized third-party partners and
service providers. Our sharing of your personal information in this way may
constitute a “sale” under the CCPA.
Pursuant to the CCPA,
in the preceding 12 months, we have not sold any categories of personal
information for the purpose of showing you ads about RepCard’s services:
If you’d like to opt out of the sale of your personal information, please contact us at support@repcard.com
Except as provided
above, we do not sell personal information to third parties.
Your California
Privacy Rights
As a California
resident, you may be able to exercise the following rights with respect to your
personal information that we have collected, subject to certain exceptions:
|
The Right to
Know |
You have the
right to request any or all of the following information relating to your
personal information we have collected and disclosed in the last 12 months,
upon our verification of your identity:
|
|
The Right to
Request Deletion |
You have the
right to request the deletion of personal information we have collected from
you, subject to certain exceptions. |
|
The Right to Opt
Out of the Sale of your Personal Information |
You have the
right to direct us not to sell personal information we have collected about
you to third parties now or in the future. |
|
The Right to
Non-Discrimination |
You have the
right not to receive discriminatory treatment for exercising these rights. |
|
“Shine the
Light” |
California Civil
Code Section 1798.83 permits you to request information regarding the
disclosure of your personal information to a third party for the third
party’s direct marketing purposes. |
How to Exercise
Your California Consumer Rights
To exercise your
California Consumer Rights, please submit a request to us by:
If you’d like to
opt-out of the sale of personal information, please send an email to support@repcard.com with the subject line: Do Not
Sell My Info
We will need to
verify your identity before processing your request. In order to verify your
identity, we will generally require the matching of sufficient information you
provide us to the information we maintain about you in our systems. If you are
using an authorized agent, please note that you will be required to verify your
identity and provide written confirmation that you have authorized the agent to
make a request on your behalf. For requests to access or delete, we may require
you to verify your identity directly with us, and directly confirm with us that
you provided the authorized agent permission to submit the request.
If you’d prefer a
hard copy of this CA Notice or to access it in a .PDF format, this site permits
you to print it to .PDF or to a printer.
RepCard as a
Service Provider
RepCard acts as a
service provider to its Users. When acting in this capacity, we process
personal information on behalf of our Users, and we have no direct relationship
with the end-customers who use our Users’ services or products, or visit our
Users’ websites.
If you are an
end-customer of one of our Users whose personal information we process, and you
are seeking to exercise your rights under the CCPA, you should contact our User
providing the service or product to you directly.
End of Addendum
for California Users
RESIDENTS OF THE
EU, EEA, UK and Switzerland
In addition to the
rights outlined above, where the GDPR or related data protection laws apply,
you may:
§ Ask whether we
process personal information about you, and if we do, to access data we hold
about you and certain information about how we use it and who we share it with.
§ Request that we
delete the personal information we hold about you in certain limited
circumstances.
§ Request that we
stop processing the personal information we hold about you.
§ Request that your
personal data be provided to you or another organization in a structured,
commonly used and machine-readable format, in certain limited circumstances.
§ Object to our
processing of data about you, including in relation to processing your personal
data for marketing purposes.
THIRD PARTY LINKS
AND INFORMATION COLLECTION AND USE BY OUR USERS
Some of our
Services provide links to other websites. Because we do not control the
information policies or practices of these third party sites, you should review
their privacy policies to learn about how they collect and use personal
information.
MINORS
Neither the Site,
App, nor any of our other Services are directed to persons under 18. We do not
knowingly collect personal information from minors under the age of 18. If you
are a parent or guardian of such a child and become aware that your child has
provided personal information to us, please contact us at once as described in
this Privacy Policy, and we will take all commercially reasonable steps to
remove any such information as soon as practicable.
NOTIFICATION OF
CHANGES
We reserve the
right to modify this Privacy Policy at any time, so please visit this page to review
it frequently. If we decide to change this Privacy Policy in any material way,
we may notify you here, by e-mail, or by means of a notice on the Site. In all cases, your continued access or use of
any of the Services constitutes your acceptance to any such changes and Privacy
Policy version in effect at the time of such access or use.
CONTACT US AND
COMPLAINTS
If you have any
questions about this Privacy Policy or our data handling practices, or you wish
to make a complaint, you may contact us by e-mail or regular mail at:
RepCard, LLC
3820 East Main St.
Suite 2
Mesa, Arizona
85205
E-mail:
support@repcard.com