Privacy Policy
BY USING OUR SERVICES, INCLUDING OUR WEBSITESAND APPLICATIONS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS PRIVACYPOLICY. YOU ARE ENCOURAGED TO READ THIS PRIVACY POLICY IN ITS ENTIRETY.
Lavergne’s TeleMessaging ("Company," "we,""us," "our") has developed this Privacy Policy to outlinehow we collect, process and disclose information that we obtain when you accessor use our services, including our websites and applications (our"Services"), including information about you. You should use thisPrivacy Policy to assess how you use our Services, the information you provideto us, and the choices you have to manage the information we collect from youin connection with your use of our Services.
By using and accessing our Services, you agreeto be bound by this Privacy Policy. Accordingly, you should review this PrivacyPolicy frequently to remain familiar with it and any changes we may make to itfrom time to time. You should immediately cease using our Services if you donot agree to this Privacy related to our Services, as applicable. Should youhave any questions regarding this Privacy Policy, please contact us via ourContact page.
IMPORTANT INFORMATION SUMMARY
For your convenience, we have summarized theimportant aspects of our Privacy Policy below, but you should read the entirePrivacy Policy to fully understand our privacy practices.
We collect both Personal Information andNon-Personal Information from you in connection with your use of our Services.When you choose to share your Personal Information with us, we only use suchinformation, to communicate our responses to any queries or requests made byyou.
We may share your Personal Information withthird parties in a number of ways and for a number of reasons, includingfacilitating the provision of our Services to you, for our own uses and forthis use by third parties. You can review our rights under this Privacy Policyto share your information in the Section below titled "How We Share YourInformation" below.
You may review, modify and update your Personal Informationby contacting us using our Contact page.
1. INFORMATION WE COLLECT
When you access or use our Services, we maycollect information regarding your interactions with our Services. Suchinformation may include Personal and Non-Personal Information.
"Personal Information" meansinformation, such as your first and last name, email address, physical address,that is able to personally identify you.
"Non-Personal Information" meansinformation that is not capable of personally identifying you.
"Service Use Based Information" meansinformation that we collect about your use of the Services, including:
"Device Information": The type ofdevice you are using to access our Services, as well as information regardingthat device’s unique identifiers (whether computer or mobile), the device’shardware model, operating system, device type, IP address, and informationabout how any of our Services were downloaded to your device.
"Geolocation Information": Yourlocation when you use our Services, when such information is available.Additionally, we may be required to collect information about your location toprovide certain features offered by our Services. We will collect suchinformation only with your consent. Should you choose not to provide theconsent to collect such information, certain features of our Services may notbe available to you.
"Log Data": Your device activity whileusing our Services, the times and duration of your use of our Services, thetypes of queries you submit through our Services, the referring URL from whichyou accessed our Services, the browser you used to access our Services, and thelanguage used to access our Services.
"Cookies, Web Beacons, & Other TrackingTechnologies": To enable our collection of information, we often use webbeacons, unique identifiers, Flash Cookies, web server log information, orother technologies. We may also collect information from and about you onbehalf of third parties, who may use that information for targeting ads to you,optimizing their services and products, and general reporting. For moreinformation on cookies, web beacons and other technologies, please read Section6 of this Privacy Policy.
"Information Provided Directly ByYou": We may collect Personal Information that you choose to share with uswhile communicating with us through the feedback form or any other mode ofcommunication. Such information may include but is not limited to your name andemail address. Please note that this information is only used by us to respondto any queries and request made by you.
2. HOW WE USE YOUR INFORMATION
Your information held by us may be used forbusiness and commercial purposes. We may use your information to: (i) make thefeatures on our Services available to you; (ii) monitor the use of our Servicesand make required modifications and/or enhancements; (iii) analyze the use ofour Services (including the total number or users using our Services andgenerate related reports to support the research); (iv) ensure smooth anderror-free functioning of our Services; (v) respond to any inquiries or supportrequests made by you; (vi) communicate with you about promotional offersthrough push notifications; (vii) ensure compliance with our contractual, legaland regulatory obligations; (viii) enforce our rights; and (ix) prevent fraudand abuse against our Services (collectively, the "LegitimatePurpose(s)").
3. HOW WE SHARE YOUR INFORMATION
We willnot sell your information to anyone.
We may share your information, including yourPersonal Information, with our commercial partners, who assist us in providingthe features offered by our Services, including our services, advertising, andcontent partners (collectively, "Commercial Partners") or allow thoseCommercial Partners to gather information directly from you.
Your Personal Information may also be sharedwith third parties in other circumstances, including without limitation, asfollows:
Commercial Partners: We may, with your consent,provide your Personal Information to our Commercial Partners who work with usto provide any portion of our Services, or to provide additional servicesunrelated to our Services. Should you choose not to permit the sharing of yourinformation with our Commercial partners, some features of our Services may notbe made available to you.
For Legal Requirements: Where it is necessaryfor us to address suspected fraud or illegal activities, to prevent or takeaction in connection with potential threats to the physical safety of anyperson, or to comply with any applicable law, we reserve the right to shareyour Personal Information, regardless of whether there is a court order,warrant or subpoena.
Sharing with our Affiliates: We may share yourPersonal Information may with our Affiliates. Our Affiliates may use anddistribute your information in accordance with the terms of this PrivacyPolicy. For purposes hereof, "Affiliates" means any entity controlledby, controlling, or under common control with Company.
For Transactional Requirements: If the Companyundergoes a change in control, reorganization or liquidation, or a sale of allor substantially all of our assets or a portion of our business or Services towhich your information relates, we may transfer such information to oursuccessor or buyer, subject to the terms of this Privacy Policy.
We disclaim and shall have no liability orobligation in connection with any third-party actions or omissions concerningyour information, regardless of whether or not such access is a result of oursharing and disclosure of your information pursuant to this Privacy Policy. Ifyou have any issues concerning a third party’s use of your information, pleasecontact such third party. Any transfer of your information will comply withapplicable law in all cases. For more information on third-party use of your information,please see Third-Party Practices herein. Any Non-Personal Information wecollect may be shared by us publicly and with others.
4. INFORMATION RETENTION
Unless otherwise required by law, we will retainyour Personal Information only for such period as may be necessary to fulfilthe purposes for which such information has been collected, enforce ouragreements and resolve disputes, if any.
5. SECURITY OF INFORMATION
We place appropriate restrictions on access topersonal information stored by us and employ reasonable technical, physical andoperational security measures intended to protect your personal informationfrom alteration, loss, unauthorized use or misuse, or destruction.
To safeguard any information in transit, we usethe SSL (Secure Socket Layer) technology to ensure encryption of allinformation transmissions from and to our servers.
Please note that no transmission of informationover the internet is 100% secure. While we review our measures periodically andensure that we implement safeguards and controls to store and transfer yourinformation securely, we cannot warrant the security of any informationtransmitted from or to our servers.
6. COOKIES AND WEB BEACONS
In connection with your use of our Services, wemay send your computer or mobile device a cookie that uniquely identifies yourbrowser. A "cookie" is a small file containing your preferences thatis sent to your browser and sent back by your browser each time your browseraccesses our servers. Our use of cookies is primarily focused on improving thequality of our Services and your use of those Services.
We use session cookies (a type of cookie that isstored temporarily and gets deleted when a browser is closed) and persistentcookies (a type of cookie that is stored on the device till it expires or tillthe user deletes it) to deliver our Services in your language of choice, tofilter results and fulfil other preferences you may have, and to analyze howour users interact with our Services by tracking user trends and patterns ofhow people search. Many browsers are set up to accept cookies unless the userchanges the settings for cookies, and you can control these settings withinyour browser preferences or refuse cookies altogether.
7. DO NOT TRACK
Some browsers may allow you to enable ado-not-track feature that notifies the websites you visit that you do not wantyour online activities to be tracked. At present, our Services do not recognizeor respond to ‘do-not-track’ signals from browsers.
8. THIRD-PARTY PRACTICES
We are not responsible for the informationcollection and processing practices of any search provider, including Yahoo andsuch practices are not governed by this privacy policy.
Our Commercial Partners may request or requireyou to provide information, including Personal Information, to them or todownload certain software in connection with the provision of our Services. Wehave no responsibility for the privacy practices of our Commercial Partners orthe contents of any software downloaded from such Commercial Partners. To theextent any portion of our Services may also link to third-party websites andofferings over which we exercise no control, Company shall have no responsibilityfor the privacy practices or the content of such third-party websites andofferings, including their information collection, storage, usage and sharingpractices. Please contact such third parties in connection with any issues youmay have with respect to those third-party websites and offerings.
If you believe that any party who claimsassociation with Company, including our Commercial Partners, is improperlycollecting or using information about you, you should contact them directly.Applicable law obligates our Commercial Partners to protect the privacy ofcertain types of data. We are not responsible for their actions or omissions inany way, including with respect to any information they receive directly orindirectly from us. While we assume no responsibility with respect to a thirdparty’s practices, you may notify us using our Contact page if you believe athird party is collecting or using information about you and such informationwas sourced from us. We are under no obligation to respond to or pursue anyaction in connection with such correspondence.
9. CALIFORNIA PRIVACY RIGHTS
Section 1798.83 of the California Civil Code(the "CCPA") grants users that reside in California certainadditional rights. Those rights are described below alongside instructionsabout how to assert them.
Opt-Out
You have the right to opt-out from the sale of your Personal Information, though that may impact your ability to use the Site and/or obtain products or services from us.
Access
You have the right to request that we disclose to you (1) the categories of Personal Information we have collected about you; (2) the categories of sources from which your Personal Information is collected; (3) the Legitimate Purpose for collecting or selling your Personal Information; (4) the categories of third parties with whom we share your Personal Information; and (5) the specific pieces of Personal Information we have collected about you. If we sell your Personal Information, or disclose it for a Legitimate Purpose, you also have the right to request that we disclose to you (1) the categories of your Personal Information that we sold; (2) the categories of third parties to whom your Personal Information was sold; and (3) the categories of your Personal Information that we disclosed for a Legitimate Purpose.
Deletion
You have a limited right to request that we delete your Personal Information. Once we receive and confirm a verifiable request, we will delete (and direct third parties to delete) your Personal information, unless we need to maintain your Personal Information in order to:
· Complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you
· Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity
· Debug to identify and repair errors that impair existing intended functionality
· Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law
· Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code
· 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, when our deletion of the Personal Information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent
· Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with our business
· Comply with a legal obligation
· Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the Personal Information.
How to exercise your rights under California Law
To exercise your rights under the CCPA, pleasesubmit a request by contacting us using our Contact page. You must(1) describe your request in sufficient detail, and (2) includeinformation that allows us to confirm your identity. You may only make onerequest per 12-month period. Only you or a person registered with theCalifornia Secretary of State to act on your behalf may make a request underthis Supplemental Notice. We will use your request only to verify your identifyand respond to you (if possible). We cannot respond to your request if we arenot able to verify your identity. You will not need to create an account inorder to assert your rights. We endeavor to answer all requests within 45 days.In some cases, a response may be delayed by as much as 90 days, though in thatcase we will inform you of the reason.
Non-Discrimination
We will not discriminate against you forexercising any of your CCPA rights. Unless permitted by the CCPA, we will not(1) charge you a different price for goods or services; (2) provideyou a lower quality of good or services than are generally available to ourconsumers; (3) refuse you discounts or benefits that are generallyavailable to our consumers; or (3) deny you goods or services.
10. MINORS
We at all times comply with the Children’sOnline Privacy Protection Act (COPPA). Please click here for more information about COPPA andchildren’s privacy. Children under the age of 18 are prohibited from accessingthe Services and may not give us any Personal Information or participate in anyaspect of our Services. Our Services are not directed to children under the ageof 18. Unless required by law, we will not knowingly collect, maintain, ordisclose any Personal Information from children under the age of 18. We do notintentionally gather Personal Information about visitors or end-users who areunder the age of 18. Please contact us using our Contact page if you believethat we have collected Personal Information about a visitor or end user who isunder the age of 18, and such account and/or Personal Information will bedeleted.
11. EU USER RIGHTS
All European Union Citizens have certain rightsregarding their Personal Information. If you are a citizen of the EU, you havethe following rights to control the processing of your information:
Right to Access: If we process your PersonalInformation, you have the right to request us to provide you with access to thePersonal Information we process about you.
Right to Rectification: You have the right torequest us to rectify any inaccurate Personal Information concerning you,including completion of Personal Information which you believe is incomplete.
Right to Data Portability: You have the right toreceive the Personal Information about you in a structured, commonly used, andmachine-readable format. You have the right to request us to transmit thisPersonal Information to a third party, where such transmission is technicallypossible.
Right to be Forgotten: You have the right torequest for erasure of your Personal Information. We will ensure that we deleteyour information held by us if: (a) your Personal Information is no longerrequired for the reasons for which it was collected or otherwise processed; (b)we have unlawfully processed your Personal Information; (c) we are required toerase your Personal Information to comply with our legal obligations; or (d) wehave no legitimate grounds for processing your Personal Information when youobject to the processing of your Personal Information or withdraw your consent.
Right to Object: You have the right to object tothe processing of your Personal Information if such objection is based onprocessing of your information and profiling for (a) direct marketing purposes;(b) performing a task executed in public interest or in exercising the officialauthority vested in us; or (c) the purposes of the legitimate interests soughtafter by us or by a third party, excepting cases where your interests orfundamental rights, which require Personal Information protection, disregard suchinterests. We shall immediately stop processing your information, unless wehave legitimate grounds to process your Personal Information or where suchprocessing is crucial to establish, exercise or defend legal claim(s).
Right to Restriction: You have the right torestrict us from processing your Personal Information in the followingcircumstances: (a) for such period pending verification of the accuracy of yourPersonal Information, where you contest the accuracy of your PersonalInformation; (b) the processing of your information is unlawful, and instead oferasure of the Personal Information, you request us to restrict the processingof your information; (c) we are no longer required to process your information;however, you require the information to establish, exercise or defend legalclaims; or (d) for such period as is required to review the legitimacy of thegrounds of your objection to our processing of your information.
Right to Withdraw Consent: If processing of yourPersonal Information is based on your consent, you may withdraw your consent atany time. Please note that this does not affect the processing of your PersonalInformation prior to the withdrawal of your consent.
Should you like to exercise any of your rightsas described above or have any questions, please contact our Data ProtectionOfficer by contacting us using our Contact page.
12. CHANGES TO THIS PRIVACY POLICY
Any changes to this Privacy Policy will beposted here and, to the extent the changes are significant, we will provide amore prominent notice. We reserve the right to revise this Privacy Policy atany time and for any reason. Your continued use of our Services after suchchange has been made will be considered your acceptance of such change.
13. COMPLYING WITH THE LAWS OF YOURJURISDICTION.
Our Services may not be appropriate or availablefor use in certain jurisdictions and we disclaim all representations andwarranties to the contrary. If you access the Services, you do so on your owninitiative and at your own risk, and you are solely responsible for complyingwith all local laws, rules and regulations. We may limit access to ourServices, in whole or in part, to any person, geographic area or jurisdictionwe choose, at any time and in our sole discretion. By using our Services andsubmitting any Personal Information, you consent to the transfer of PersonalInformation to other countries, such as the United States, which may provide alevel of data security different from your country of residence. You are alsoconsenting to the application of United States law in all matters concerningthe Services.