TextMarks Privacy Policy
(Last Updated September 19, 2012)

This Privacy Policy governs TextMarks's collection, use, and disclosure of the information that we collect and receive from users of our Services. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service. This Privacy Policy applies to information that you provide to us through your use of the Services. This Privacy Policy does not apply to any products or services provided by third parties, even if those third parties are partners of TextMarks.

Information Collection and Use

In the course of using our Services, you may provide us with personally identifiable information. This refers to information about you that can be used to contact or identify you, information on your use of our Services that may be connected with you. When you register for the Services, and at certain times during your use of the Services, TextMarks will ask you for certain personal information, including but not limited to, your phone number(s), email address, credit card or other billing information and home and business postal addresses.

TextMarks also receives and collects your mobile phone number when you send a text message to us. To create a textmark using our Services, you must associate your mobile phone number with your TextMarks account. Simply receiving textmarks on your mobile phone does not require you to register for an account with us, although creating textmarks through our Services or using other advanced features on the Services, will require you to register.

If you request a textmark from your mobile phone or subscribe to a textmark through our Services, the manager of that textmark will be able to see your mobile phone number - just like any individual to whom you send a text message directly would.

Our use of the information we collect through our Services is limited to providing the Services as described in this Privacy Policy. This information may be used

  1. to provide you with products and services you request;
  2. to anticipate and resolve problems with our Services;
  3. to improve and update our Services;
  4. to process and respond to inquiries;
  5. for other purposes communicated to you at the time you provide or authorize the use of the information.

Cookies and Linking Data

We also use cookies to collect certain information. A cookie is a small data file, which often includes anonymous unique identifier, that is your browser places on your computer. Our cookies do not contain any personal information about you. We use cookies to:

  • Provide you faster access to pages you have already visited.
  • Enable you to personalize your pages and optimize your TextMarks experience.
  • Estimate and report our total audience size and traffic.
  • Conduct research to improve our Services.

You can set your browser to accept all cookies, reject all cookies, or notify you when a website attempts to place a cookie. Disabling cookies may prevent you from properly using the Service and may limit or restrict your user experience.

Advertisers on the TextMarks website, as well as third party sites you may visit from the TextMarks website, may attempt to place their own cookies on your computer. Use of cookies by those sites is subject to those sites' own privacy policies, and not our Privacy Policy.

When you use our Services, we also automatically record the information that your browser sends whenever you visit the TextMarks website. This includes information such as your computer’s Internet Protocol (IP) address, browser type or the webpage you were visiting before you came to our website, the pages of our website that you use, the time spent on those pages, information you search for on our website, access times and dates, and other statistics. We use this information to monitor and analyze use of our Services and for the technical administration, to increase the functionality and user-friendliness, and to better tailor it to our visitors’ needs.

Third party vendors, including Google, show TextMarks ads on sites on the internet.

Third party vendors, including Google, use cookies to serve ads based on your prior visits to the TextMarks website.

Visitors may opt out of Google's use of cookies by visiting the Ads Preferences Manager. Visitors may also opt out of a third-party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page.

Information Sharing and Disclosure

TextMarks does not rent, sell, or share any personal information about you with third parties other than as set forth herein. We will ask for your consent before we use this information for any other purpose. TextMarks may disclose information about you under the following circumstances:

  • To enforce our Terms of Service or other legal agreements.
  • To outsource to our service providers and third party agents to facilitate or provide the Services or any of the tasks referenced in this Privacy Policy, such as processing payments, performing database services or responding to inquiries. These third parties may have access to personal information needed to perform their functions, but may not use it for other purposes.
  • In response to a subpoena, court order, or other legal process.
  • To establish or exercise our legal rights or defend against legal claims.
  • To a company controlled by, or under common control with, TextMarks for any purpose permitted by this Privacy Policy.
  • When TextMarks believes such use or disclosure is
    1. 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
    2. required by law.
  • In the event of a merger, acquisition, consolidation, divestiture, or bankruptcy of TextMarks.

TextMarks may use and disclose non-personal, aggregate, or summary information regarding our users without further notice. This type of information will not identify you individually.

Updating Your Information

To update your email address, nickname or password, please use the "My Profile" link from within the TextMarks website. If you would like us to delete your record in our system, please contact us with a request that we delete your personal information from our database. We will use commercially reasonable efforts to honor your request, however, we may retain an archived copy of your records as required by law or for legitimate business purposes.

Security

TextMarks employs administrative, physical and electronic measures designed to protect your information from unauthorized access, however, despite those efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.

Links to Other Sites

The Services may contain links to other websites which not operated by TextMarks. Any information you provide on those other sites is provided directly to whoever owns that site and is subject to their privacy policy. Our Privacy Policy does not apply to those other sites, and we are not responsible for the content you provide to or the privacy and security practices and policies of those other sites.

International Users

If you are located outside the United States and choose to provide information to us, we may transfer your information to the United States and process it there (or any other country where we operate). By using our Services, you consent to the collection, transfer, use, storage and disclosure of your information as described in this Privacy Policy.

Children

Our Services are not intended for children under 13, and TextMarks does not knowingly collect information from children under the age of 13. If we learn that we have collected the personal information of a child under 13, we will take steps to delete the information as soon as possible.

Changes

TextMarks reserves the right, in its sole discretion, to modify or change this Privacy Policy at any time. If we modify this Privacy Policy, we will notify you of such changes by posting them on the Services or providing you with notice of the modification. We will also indicate when such terms are effective. Your continued use of the Services following the posting of any changes to the Privacy Policy constitutes your acceptance of those changes. If the modified Privacy Policy is not acceptable to you, your only recourse is to stop using the Services.

Questions

If you have any questions, concerns, or comments about this Privacy Policy, you may email us at

support
@
textmarks.com