Update Date October 16, 2013

TextSpark reserves the right, in its sole discretion, to modify or change this Privacy Policy at any time with or without prior notice to you. You must review the current Privacy Policy on a regular basis. Your continued use of the TextSpark service following any changes to the Privacy Policy constitutes your full acceptance of those changes. If you have any questions, concerns, or comments about this Privacy Policy, please email us at support@textspark.com.

Information Collection / Opt-Out

TextSpark provides you (the TextSpark customer) the tools and resources to collect your subscribers' contact information on an opt-in basis. Subscribers, on the other hand, have the ability to opt out of your distribution lists easily and at any time. Subscribers can grant or revoke your ability to view and export their contact information by logging into the Subscription Management and unchecking the box labeled: "Allow access to my contact information."

Online Sign-up

TextSpark allows you to collect email addresses, instant message screen names, phone numbers, and other custom data when subscribers opt in to join your distribution list(s) via an online sign-up page powered by TextSpark. When joining a distribution list, we will ask subscribers for personal information such as their name, phone number, IM screen name, and email address. The information they provide and the information TextSpark obtains about them may be used to:

• Provide subscribers with products and services they request.
• To anticipate and resolve problems and conflicts with our products and services.
• For verification and authentication purposes in regards to requests or changes of any personal information or data related.
• For other purposes communicated to them at the time they provide or authorize the use of their information.

All subscribers have the ability to unsubscribe or change their personal subscription settings at any time. You should allow and inform your subscribers to unsubscribe by:

• Email: Click the ‘Unsubscribe’ link located at the bottom of each email.
• Mobile Text: Text STOP to the short code that they do not wish to receive messages from.
• IM: Click the ‘Unsubscribe’ link located at the bottom of each instant message.
• Voice Broadcasts: Follow the prompt, asking them to press 7 to unsubscribe from voice broadcast messages.

Your subscribers may also call the TextSpark Unsubscribe Hotline at 1-866-866-0009 to unsubscribe at any time.

Importing Contact Information

You agree to import, add, edit, access or otherwise use only lists for which all listed parties have opted in to receive correspondence from you ("Permission-Based Lists") in connection with your use of the service. You hereby covenant that you shall not use any other lists in connection with your use of the service. In the event that you import or add a subscriber with phone numbers, you must be able to provide tangible proof upon request that the subscriber being imported or added has given prior express written consent to be added to your lists and to receive solicitation messages from you. Written consent may be granted when a subscriber is clearly and fully notified of the collection of their contact information and agrees in writing that he or she may be contacted through their collected contact information. Prior express written consent can be obtained in hand written form or via email, website form, text message, or other methods in compliance with the E-SIGN Act. You will have to obtain prior express written consent from the recipient of your solicitation messages, even if you previously had a business relationship with the recipient. In addition, TCPA has revised a rule regarding text or voice solicitation messages. Click here for more information.

You should not assume a preexisting relationship to be a substitute for explicit permission to import corresponding contact information into TextSpark system. Nor should you send messages without explicit permission. For example, if your customer disclosed a mobile number in a normal course of business but did not specifically express permission to receive your message, you cannot send messages to the number. If it is discovered that you have been delivering any type of message to recipients who have not granted you permission, you will be held fully accountable for your actions and are subject to any and all legal actions that result from such violations including class action suits whether you use our standard user interface or API.

Mobile Keyword

In addition to Online Sign-up pages, you can also collect mobile phone numbers when subscribers text your mobile keyword (that you create) to TextSpark's shared short code. By texting your mobile keyword, subscribers are opting in their mobiles phone numbers to join your distribution list(s). Also, when subscribers text in your mobile keyword, they are giving prior express written consent so you can view and access their mobile numbers. This allows you to send solicitation messages to the subscribers. Subscribers can remove their mobile phone numbers from your database at any time by replying to any text message they receive from TextSpark with "STOP". They can also change permission for you to view (or export) their contact information by unchecking "Allow access to my contact information." box while they are signed into the Subscription Management page.

Sharing and Usage / Exporting

TextSpark does not share, sell, or rent any contact information with any party. You are not allowed to share your subscribers' contact info with any third party for any reason. However, TextSpark may use or disclose information, including your personal information and your subscribers' contact information, under the following very limited circumstances:

• To provide you with products and services requested by you or your subscribers.
• To anticipate and resolve problems and conflicts with our products and services.
• For verification and authentication purposes in regards to requests or changes of any personal information or data related.
• For other purposes communicated to you at the time you provide or authorize the use of your information.
• To enforce our or your Terms of Use and Privacy Policy or other legal agreements.
• To outsource any of the tasks referenced in our Terms of Use and Privacy Policy, such as customer service.
• In response to a subpoena, court order, or other legal process.
• To establish or exercise our legal rights or defend against legal claims.
• To share with a company controlled by, or under common control with TextSpark for any purpose permitted by our Terms of Use or Privacy Policy.
• When TextSpark believes such use or disclosure is (a) necessary in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or situations involving potential threats to the physical safety of any person, or (b) required by law.
• In the event of a merger, acquisition, consolidation, divestiture, or bankruptcy of TextSpark.

NOTE: The TextSpark service is not intended for children under 13, and TextSpark does not knowingly collect information from children under the age of 13.