PRIVACY POLICY

(Date of Last Revision: July 20, 2020)

The CartText mobile application and platform and the CartText.com website (collectively identified herein as the “App”) are owned and operated by Cart Group LLC doing business as CartText (“CartText” or “we”). Through the App, CartText provides certain customer management and marketing software and services that assist registered users in engaging with customers and completing potential sales through a registered user’s Shopify store or similar authorized service provider store (collectively, the “Services”). These Services include, without limitation, automated retrieval of selected customer information from a registered user’s store and marketing communications to selected customers by SMS and MMS messages.

This Privacy Policy is presented to provide you information regarding the collection, storage and use of your information, including personal information in connection with the App and Services. Accordingly, please read this Privacy Policy carefully. This Privacy Policy may be changed by us from time to time without notice to you, and the governing version will be posted on the App. Please review this Privacy Policy on a regular basis as your use of the App and Services will be governed by the then-current Privacy Policy. Please also be aware that this Privacy Policy does not apply to the practices of companies that we do not own and/or control or to people that we do not employ or manage.

Throughout this policy, we use the term “Personal Information” to describe information that can be associated with a specific person and can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. We do not consider Personal Information to include information that has been aggregated and/or anonymized so that it does not identify a specific user.

Information We Collect

We collect Personal Information that you choose to provide to us when you contact us to request information regarding the App and Services, or when you otherwise use the Services.

We may collect contact information you provide us when signing up for the App, including, your name, your business information, your email address, your phone number, and account information for setting up an account with us (“User Information”).

We may also collect payment information to enable you to pay for the Services you request, including, your payment method, name, billing address, credit card information and other transaction data (“Payment Information”).

We also collect analytical information such as the time of your visit, pages visited, and time spent on the App; referring site details; network location, operating system, IP address, and device information (“Analytical Information”).

We may also collect certain customer or end user information of your customers and end users that you choose to provide to use or that we collect through our performance of the Services to you (“Customer Information”). These customers and end users include individuals that shop at your online store, app or website (such as your Shopify store) and that you have identified for inclusion in the Services. Customer Information may include personal information of your customers and end users, including without limitation, the customer’s name, phone number, shopping history, marketing communications and other message communications.

We may also collect Personal Information from third parties, including when you choose to participate in a third-party application or features such as one of our social media pages or a similar application or feature on a third-party website.

Interest-Based Ads

CartText or unaffiliated third parties may use cookies and other technologies on our and third-party apps and websites to collect information about your online activities over time and across different apps and websites you visit in order to provide you with interest-based advertising. You can generally opt out of receiving interest-based advertisements from members of the Network Advertising Initiative or the Digital Advertising Alliance by clicking here for NAI or here for DAA. When you opt out using these links, please note that you may still receive advertisements. They just will not be personalized based on your interests.

How We Use Your Information

We use your Personal Information and User Information to provide you the Services, and to receive and respond to your inquiries about products, services, warranties, or support. To address your questions, we may subsequently need to request additional information. We may use your Personal Information and User Information to contact you about products, services, or events that we believe may be of interest to you.

We use your Payment Information only to process payments from you if you make a purchase of a subscription license to Services through the App. We may store your Payment Information in connection with your account registration. We may use a third-party payment processor to process your payment transaction, in which case such third-party payment processor will process your Payment Information. We do not otherwise share your credit card information or other Payment Information with unaffiliated third parties unless you authorize us to do so. We also use appropriate security procedures, safeguards and encryptions in connection with the storage of your Payment Information.

When you use the Services, we automatically collect and use Analytical Information in order for us to track your movement on the App to improve our layout and page arrangement, get information on your browser type to ensure our App remains compatible with the browsers used by our customers, improve your experience with our Services; and to promote the App and related products. We use your Analytical Information in the aggregate to determine market trends and trends in customer behavior.

We may also de-identify and aggregate your Personal Information and User Information with other information obtained from other users of the App and use such de-identified and aggregated data internally or distribute it to third parties. All such de-identified and aggregated data does not include any information that can identify you or any other person individually.

In electronic correspondence sent via text or email, we will give you the opportunity to “opt out” of receiving any unsolicited information from us or to limit the unsolicited information you receive from us to information regarding the Services or information you specifically request or information we determine you may find useful as a result of your use of the App. You may also contact us below to convey your desire to opt-out of such communication. You may not opt out of electronic correspondence via the App.

HOW WE USE YOUR CUSTOMER INFORMATION

When performing the Services, we will collect and use the Customer Information that you provide to use in order to provide the Services. We will also automatically collect Customer Information from your customers and end users while they engage with your online store, app or website. Our use of your Customer Information includes, without limitation, generating marketing information and data for you and sending SMS/MMS messages and electronic communications to the customers and end users that you have authorized for marketing and promotional purposes.

We may also de-identify and aggregate your Customer Information and with other information obtained from other users of the App and use such de-identified and aggregated data internally or distribute it to third parties. All such de-identified and aggregated data does not include any information that can identify you, your customers or end users, or any other person individually.

We will only collect and use the Customer Information of the customers and end users that you designate to us as eligible for inclusion in the Services that we provide to you. It is your responsibility to ensure that you have obtained all necessary consents from the customers and end users that you designate to us for inclusion in the Services and that we are authorized to send communications to such customer and end users using the Customer Information on your behalf in connection with the Services, including SMS/MMS messages for marketing and promotional purposes. In the event a customer or end user opts out of receiving communications from us or you receive notice from a customer or end user that changes their contact status with respect to the Services, it is your responsibility to promptly notify us of this change in status.

Information Sharing and Disclosure

We may share your Personal Information, User Information, and Customer Information to provide you the Services or otherwise provide a product or service you have requested.

We may share your Personal Information, User Information, and Customer Information with service providers that perform tasks on our behalf related to our business, such as analytical services, book-keeping services, marketing services that may provide you advertising on our behalf, customer service, employment services, or social media services.

We may disclose your Personal Information, User Information, and Customer Information as required or appropriate by law, including to comply with legal process and to respond to requests from public and government authorities; to enforce our terms and conditions, including investigations of potential violations thereof; to detect, prevent, or otherwise address fraud, security, or technical issues; and to protect our operations.

We may share or disclose your Personal Information, User Information, and Customer Information with your consent.

Your Personal Information, User Information, and Customer Information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding.

We do not sell your Personal Information or Customer Information to third parties or otherwise share your Personal Information or Customer Information with third parties for their promotional or marketing purposes.

Your Choices

You may limit collection of certain of your Personal Information and Customer Information by not sharing it with us. However, it is important to remember that if you limit the collection of your information, the Services may not function properly, we may not be able for fully perform the Services, and we might not be able to respond to your questions.

We store your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer period is permitted or required by law.

Cookies

We use “cookies,” a small text file transferred to your device, along with similar technologies (e.g., internet tag technologies, web beacons, embedded scripts) to help provide you a better, more personalized user experience. These technologies are used to:

• Make the user experience more user friendly;
• Remember your preferences (e.g., browsing language, usage preferences); or
• Help us understand and improve how visitors use our App, including popularity of locations and game types.

The Options/Settings section of most internet browsers and mobile applications will tell you how to manage cookies and other technologies that may be transferred to your device, including how to disable such technologies. You can disable our cookies or all cookies through your browser or mobile application settings. Please be advised that disabling cookies through either method may impact many of the features of the App.

We use the following cookies:

• Strictly necessary cookies that are required for the operation of the App;
• Analytical/performance cookies that allow us to recognize and count the number of visitors, see how visitors move around the App, and help us improve the way the App works; and
• Functionality cookies that enable us to personalize our content for you.

The use of third-party cookies is not covered by our Privacy Policy. We do not have access or control over these cookies. If you continue to use the App, we will assume you agree to the use of these cookies. You may visit the following links from our third-party providers to opt-out of their tracking and learn about their privacy practices:

• Google Analytics:
• To view Google’s privacy policy, please visit: http://www.google.com/policies/privacy/.
• To opt-out, please download and install the Google Analytics opt-out browser add-on by visiting: https://tools.google.com/dlpage/gaoptout.

Links to Social Media

The App may contain links to social networking and other websites and mobile applications that are operated and controlled by third parties. We do not take responsibility for the content or the privacy practices employed by such other websites. Unless otherwise stated, any information you share with any such third-party website will be collected by that party and not us and will be subject to that party’s privacy policy (if any) and not this Privacy Policy. In such situation, we have no control over, and shall not be responsible for, that party’s use of the information you provide to them.

Security

We maintain reasonable technical safeguards to protect the security, integrity and privacy of your Personal Information, User Information and Customer Information. However, no method of Internet transmission or electronic storage is 100% secure or error-free, so it is never possible to guarantee absolute security.

Notice to California residents

We do not meet the definition of “business” under the California Consumer Privacy Act, and therefore, we are exempt from its requirements. We do not disclose your personal data to any third party for such third party’s direct marketing purposes. Thus, under California Civil Code Sections 1798.80-1798.84, upon your request, we have no obligation to provide you further information. Any inquiries regarding the Terms of Use or, specifically, this Privacy Policy can be directed to the contact identified below.

Notice to Utah residents

We do not disclose your personal data to any third party for such third party’s direct marketing purposes.

NOTICE TO NEVADA RESIDENTS

Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to: support@carttext.com.

Commitment to Children’s Privacy

In compliance with the Children's Online Privacy Protection Act, 15 U.S.C., §§ 6501-06 and 16 C.F.R., §§ 312.1-312.12, this website does not collect information from children under thirteen (13) years of age, and we do not intentionally collect information from persons under thirteen (13) years of age. Use of the Services is limited to users that are eighteen (18) years of age and older. By using the Services, you represent that you are eighteen (18) years of age or older.

Policies of Other Websites

The App may contain links to third-party websites not owned or controlled by us. We are not responsible for the privacy policies of any third-party websites which you may access through a thirdparty link. Further, these third-party websites may have privacy policies that differ from this Privacy Policy. We disclaim all responsibility for the privacy practices of such other third-party websites. You should read the privacy policies of each third-party website you visit to determine what information each third-party website may be collecting about you and how they intend to use such information.

Changes to this Privacy Policy

We reserve the right to change, modify or otherwise update this policy at any time. Unless otherwise noted, any changes to this Privacy Policy will be effective immediately. Your continued use of the Services following any changes to this Privacy Policy indicates your consent to the practices described in revised Privacy Policy. If any changes are material, we may provide you notice of such changes by posting notice on the website or by other means.

Contacting Us

If you have any questions about this Privacy Policy, you may contact us at: support@carttext.com.