TextMe claims that they collect, use, share some of the user’s information according to their privacy policy. TextMe is committed to respecting the privacy rights of its users, customers, visitors, and users of their mobile apps, websites, and related services.

Are minors eligible for using the services of TextMe?

TextMe mentions that their products are not available for children who are under 13 years of age, and they knowingly don’t collect any personal or other information from them.

As per the Privacy Policy of TextMe, If the user is younger than 13 years of age, they should not use the products of TextMe.

If the user is between the age of 13 and 18 then they must have the consent of their parents, and should not provide any information which identifies them, without the consent of their parents.

What is the liberty of TextMe with users’ information?

TextMe collects and processes information about the user, to provide the user with the products and services. TextMe says that when a user agrees to their terms of services, they give their consent to the collection, storage, processing, sharing, transfer, manipulation, and disclosure of their information.

Can TextMe use users’ information anywhere in the world?

Whatever country the user resides in or provides the information from to TextMe. The user authorizes TextMe to use their information as described in the United States and all the other countries where text me operates and is available for use.

Does TextMe retain users’ information after providing the service?

TextMe retains users’ information for legitimate business purposes. So, as per TextMe either the data is removed or archived for restricted legitimate interests or anonymized.

If the information is non-identifying, it can be used without any limitations of time and use.

What information of the user is collected, used, and shared by TextMe?

• Information that identifies a user or identifying information: The user provides text me with the information about their real name, email address, account name, and age or gender. TextMe collects certain information automatically such as account number assigned to the user by TextMe, IP address used by the user for accessing their products and services, The telephone number text me assigns to the account, The advertising identifier and device identifier associated with the device of the user from which he accesses the services.
• Information about user’s activities: Details regarding, when the user logged in for using the service, logs of messages and calls sent and received by the user, records of what purchases the user made.
• Information about the activities of the user on the internet: Text me collects information about how user access their products and services electronically. Including the model of the device, settings of the device, operating system, type of connection, carrier information, applications on the user’s device, their browser information.
• Information about the location of the user: TextMe can only collect information about the user’s location if the user has authorized them to. But there are times when the user has not authorized access to text me, still, they can infer the user’s location via IP address which is used to connect to their product and services.

Why does TextMe collect the information from the user and how do they use it?

• TextMe uses identifying information to authenticate the user in their products and services.
• TextMe uses commercial information to provide and improve its marketing efforts.
• TextMe uses the internet and network activity to provide the user with improved products and services. TextMe also mentions that it may use users’ information to provide them with advertisements (interest-based or personalized advertisements).
• TextMe uses the user’s location to measure, analyze and improve their marketing efforts.
• For Fulfilling legal obligations: To verify or enforce or comply with users’ agreements and applicable laws, to protect against fraud, to detect and prevent security or technical issues, to protect against misuse or unauthorized use of TextMe’s Products, and Services. Also to protect against harm to the rights, property, or safety of TextMe, its subscribers, or the public as per the requirement or permission of law.

Under what circumstances does TextMe disclose a user’s information to a third party?

To provide users with their products and services, TextMe establishes relationships with third parties. TextMe verifies that these third parties maintain privacy and security practices that are consistent with TextMe.

• To their data analytics providers: For receiving analytical services to provide, improve and track the performance of the products and services provided by them. In this process, TextMe may disclose identifying information, commercial information, internet or network activity information, and the location of the user to the data analytics providers.
• To their marketing providers:  To communicate their products and services with the users. They may disclose identifying information, commercial information, internet or network activity information, and geolocation.
• To law enforcement agencies: To respond to law enforcement requests or when legally required to do so. TextMe may disclose identifying information, commercial information, internet or network activity information, and geolocation to law enforcement agencies.

Does TextMe hire third parties for data storage or hosting & how do they deal with the user’s information?

TextMe may use third parties to provide hosting, data storage, and direct marketing services. They also may lease, rent, sell or share users’s information with any third parties to the extent legally possible.

Does TextMe have control over users’ data once it is collected by third parties?

 TextMe mentios that they may not have access to, or control over, information collected by these third parties. Such third parties handle, store, retain and access such user information in accordance with their terms and conditions and privacy policies or according to the agreements with the user if any.

*TextMe shares no liability for sharing such information with third parties.

What happens to the user’s information in the event of a sale, merger, liquidation, dissolution, reorganization, assignment, bankruptcy, or any transfer of assets, IP rights, or any marketable right owned by TextMe?

User’s information can be sold or transferred as part of any of these transactions.

Does TextMe disclose the information with the consent of the user?

TextMe says that they do disclose users’ information to their advertising providers, to provide the users with advertisements, including interest-based advertisements, with the consent of the user. Certain advertising providers may use their technologies to collect user information as well.

What other technologies are used by TextMe to collect users’ information?

• Cookies: TextMe may use cookies i.e. a small text file placed on a user’s device to identify the user’s device and browser when they use TextMe’s Products & Services.
• Web beacons: TextMe also uses Web beacons i.e. an electronic file placed on a website that monitors usage.

Is the Security of Customer Information assured by TextMe?

TextMe mentions that no security measure over the internet can be guaranteed to be 100% secure.

Considering that TextMe adopts commercially reasonable security measures to protect users’ information against the loss, misuse, or alteration of non-public information which is under their control.

*TextMe mentions that if in any event  TextMe is required by law to inform the user of a breach of their personal information. They notify the user electronically, in writing, or on the telephone if it is permitted by law.

What are the legal frameworks TextMe adheres to, for the users located in the European Economic Area, United Kingdom, and Switzerland?

As per TextMe, the user of these regions must be at least 16 years of age to use the Products and Services of TextMe.

Article 8 of General Data Protection Regulations

TextMe requests users’ consent before processing their personal data for the purpose of internet-based advertisements. Such consent can be withdrawn anytime.

TextMe mentions that it may also process the necessary data, to comply with:

• Legal obligations imposed upon them,
• To protect the vital interests of TextMe users,
• To carry out tasks in the public interest, and other legitimate interests.

Under the General Data Protection Regulation, the users have the right to request access, erasure, restriction and portability of their personal data collected by TextMe.

Chapter 3, Rights of the data subject (General Data Protection Regulation)

User’s data is stored in the European Union or the United States.

Personal information collected from the user is transferred to recipients in countries located outside the EEA and the United States which do not provide a similar or adequate level of protection to users as provided by countries in the EEA.

Under the privacy policy of TextMe, the user provides express consent to the transfer of the user’s personal information to recipients, which are located outside the EEA.

Under what legal obligation TextMe share users’ personal information with its affiliates?

The user and TextMe enter into EU standard contractual clauses or Model Contracts for intra-group transfers of personal information to affiliates.

What are the legal frameworks TextMe adheres to in the state of California?

TextMe adheres to the California Consumer Privacy Act (CCPA), which provides California residents with certain rights.

A CCPA supplement is provided by TextMe which details those rights. In the event of any inconsistencies between the provision detailed in their CCPA Supplement and their Privacy Policy, the provisions of their CCPA Supplement shall prevail and supersede any inconsistencies with their Privacy Policy.

• TextMe Products and Services are Not Intended for Children under the age of 16 Years: If textmehey become aware that a customer is under the age of 16 has provided them with personal information. TextMe will remove such a child’s personal information.

What is Personal information according to CCPA supplement? 

The term “personal information” according to CCPA means information that identifies, relates to, describes, references is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device.

 §1798.140(o) of The California Consumer Privacy Act.

“Personal information” does not include:

• De-identified consumer information.
• Publicly available information from government records.
• Information excluded from CCPA’s scope.
• Personal information covered by sector-specific privacy laws like the Fair Credit Reporting Act, the Graham-Leach-Bliley Act, the California Financial Information Privacy Act, and the Driver’s Privacy Protection Act of 1994.
• Health or medical information covered by the Health Insurance Portability Accountability Act, the California Confidentiality of Medical Information Act, or clinical trial data.

TextMe mentions that they would have collected the Following Categories of Personal Information from Consumers in the Past Twelve Months.

• Personal Identifiers – A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers from the users and internet service providers.
• Personal information categories listed in the California Customer Records statute (California Civil Code § 1798.80(e)) –  Name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license, or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information,  from the users and their payment processors.
• Protected classification characteristics of the user under California or federal law – Age mentioning 40 years or older, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (Including pregnancy or childbirth or any related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information), from the users.
• Commercial information of the user – Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, from the users.
• Information on Biometrics of the user – Genetic, physiological, behavioral, and biological characteristics, or activity patterns. Identifying information, such as fingerprints, face prints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data, from the users.
• Activities on the Internet or other similar network activity – Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement, from the users or internet service providers
• Geographical location data – Physical location or movements, from the users.
• Inferences which are drawn from other personal information – Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes, based on information collected from our consumers.

What are the rights of the users under the CCPA?

• Right to Access Specific Information:  The user has the right to request to disclose certain information collected and used in the past 12 months. Once such a request is accepted, the requested information is disclosed to the user. Such information consists of, personal information, sources of such personal information, Business or commercial purpose of collection of information, third parties with whom the information is shared, etc.
• Right to Data Portability
• Right to Request Deletion: The user has the right to request for deleting personal information collected from them or retained. After receiving such a request TextMe deletes the information unless there an exception.

Such exceptions may be:

1. To complete any pending transaction.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (California Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest, that adheres to all other applicable ethics and privacy laws. And such deletion may cause hindrance in the research.
7. To enable internal uses that are aligned with consumer expectations.
8. Comply with a legal obligation.
9. To make other internal and lawful uses of that information.

• Right to Non-Discrimination: TextMe does not discriminate among its users from exercising their CCPA rights. Unless CCPA permits otherwise.
• Other California Privacy Rights:  California’s Civil Code Section § 1798.83 permits the California users of TextMe, to request certain information regarding the disclosure of personal information made to third parties for their direct marketing purposes. Because TextMe does not share personal information with third parties for their direct marketing purposes.

What is the time taken by TextMe for responding to a CCPA request?

TextMe responds to the request of the user within 45 days after receiving the request. If more days are needed for processing, the user is informed of the reason. All the disclosures cover 12 months of data.

REFERENCE

• TextMe incorporated privacy policy (Nov. 28, 2020, 10:30 PM), https://textme-www-assets.s3.amazonaws.com/docs/privacy-policy/privacy_policy_v27.html.
• Privacy Policy Supplement Applicable to Residents of California and to which the California Consumer Privacy Act Currently Applies (“CCPA Supplement”) (Nov. 29, 2020, 11:00 PM), https://textme-www-assets.s3.amazonaws.com/docs/privacy-policy/privacy_policy_v27.html#CCPA%20Notice.
• The General Data Protection Regulation.
• The California Consumer Privacy Act.

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