Effective Date: July 14, 2020
Opentact offers cloud-based software services that enable landline and VOIP telephone numbers to send and receive text messages, as well as application program interfaces, mobile applications and downloadable web software applications (altogether, our “Services”). For more information about Opentact, please see the “About Us” section on www.Opentact.net (our “Site”).
For our Services:
We sometimes refer to Authorized Users and Visitors together as “Users”.
When you use our Services or our Site, we may ask you to provide certain information.
Personal Information that Opentact Collects from you
Why Opentact Collects the Personal Information
Business Contact details, including:
To complete your subscription for the Services.
User credentials, including:
Information you give us when you fill out our on-line forms or send us emails
Opentact collects information about End Users from their use of the Services, including the content of their text messages. Opentact and its fraud detection vendors collect this information in order to detect spam, fraud and block fraudsters from disrupting the Services.
The information we collect, some of which is personal information, includes: mobile telephone numbers, contents of text messages, and IP addresses. If you have more questions about information collected from or about End Users, please contact the business from which you receive text messages.
We automatically collect certain information about use of the Site and Services from the computers or mobile devices of Authorized Users and End Users. Some of this automatically collected information is personal information under certain laws.
The information that we automatically collect includes:
We use this automatically collected information:
To provide our Services.
When you download, access or otherwise use our mobile applications (“Apps”), the information that we collect depends on your operating system and permissions. Our Apps need to use certain features and data from your mobile device in order to function. For example, we automatically collect usage statistics and crash logs to help us identify and fix problems.
To learn more about the specific information collected by our Apps, please check your device settings or review the information available on the particular platform from which you downloaded an App, such as in Google Play. Our Apps also allow you to check or change your status for certain data collection in the preferences or settings. If you change your settings, certain features may be unavailable or not function properly. To stop collection of all information through an App, please uninstall the App.
From time to time, we may receive personal information about you from third-party sources, which include:
We may disclose your personal information to the following categories of recipients:
The Services may allow you to create a Customer profile (e.g., logo, address) to share with Users of the Services and to append to Customer’s text messages. If you choose to create a Customer profile or disclose information through one of the interactive areas on the Site (such as when we invite you and others to contribute feedback on new features we are testing), others may see your information and use it in ways that we cannot control. Please keep this in mind before you share information that directly identifies you.
Opentact DOES NOT AND WILL NOT SELL OR EXCHANGE FOR VALUE YOUR PERSONAL INFORMATION.
Cookies are small text files that are sent to or accessed from your web browser or your computer's hard drive. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie also may contain information about your computer, such as settings, browsing history and activities conducted while using the Site and certain Services.
Opentact also uses “pixels” (also known as web beacons). Pixels are transparent images that are used in collecting information about website usage across websites and over time.
Cookies that Opentact sets on the Site are called first-party cookies. Cookies set by any other party are called third-party cookies. Third-party cookies enable third-party features or functionality on or through the Site, such as analytics, marketing automation and customer support. The parties that set third-party cookies can recognize your computer both when it visits the Site and also when it visits certain other websites.
Most browsers accept cookies automatically but allow you to disable them. You also can opt-out of certain cookies using the following link: https://optout.networkadvertising.org/?c=1. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Some features of our Site and Services may not work properly without cookies. To learn more about cookies generally, visit www.allaboutcookies.org and https://optout.aboutads.info/?c=2&lang=EN.
Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a User or Visitor does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many website operators, including Opentact, do not respond to DNT signals.
Some cookies are required for the Site or Services to operate. Other cookies enable us to track the interests of Users for targeted advertising and to enhance the experience of the Site.
The types of cookies served on the Site and through the Services and why they are used is as follows:
Pixels and similar data collection technology enable Opentact to monitor the traffic patterns of Visitors from one Site page to another, to deliver or communicate with cookies, to understand whether you visit the Site after seeing our online advertisement displayed on a third-party website, to improve performance of the Site and to measure the success of our email marketing campaigns.
We also use Google Analytics on our Site. Google Analytics provides us with demographic-type data about Users, such as age and gender. Google uses a cookie that Google recognizes when you visit other websites.
Google’s cookies help us analyze how the Site is used. The information generated by the cookie about use of the Site (including your IP address) is transmitted to and stored by Google on servers in the United States. On behalf of Opentact, Google will use this information to evaluate use of the Site and compile reports for us and third parties that help operate and provide services related to Opentact. Google will not associate your IP address with any other data held by Google.
Opentact currently does not serve targeted advertisements on the Site. Opentact may use information about your visits to the Site to provide relevant advertisements on other websites about goods and services that may interest you. Opentact and third parties also may deploy technology that measures the effectiveness of advertisements by using cookies or web beacons to collect information about your visits to the Site and other websites to provide relevant advertisements on other websites about goods and services that may interest you. The information collected through this process does not enable us or the third parties to identify your name, contact details or similar directly identifying details unless you choose to provide them.
We use technical, physical and administrative safeguards intended to protect the personal information that we collect from and about you. Our safeguards are designed to provide a level of security appropriate to the risk of processing your personal information and include (as applicable) measures to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and a procedure for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing of personal information.
You are responsible for maintaining the security of your account credentials for the Services. Opentact will treat access to the Services through your account credentials as authorized by you. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. If you believe that information you provided to us is no longer secure, please notify us immediately at support@Opentact.com.
If we become aware of a breach that affects the security of your personal infomation, we will provide you or the Customer with notice as required by applicable law. When permitted by applicable law, Opentact will provide this notice to you through the email address associated with your Opentact account.
UNAUTHORIZED ACCESS TO SITE OR SERVICES – INCLUDING SCRAPING – IS PROHIBITED AND MAY LEAD TO CRIMINAL PROSECUTION.
We retain personal information for as long we have a legitimate business need to do so, such as for the duration of our contract with you or to comply with applicable legal, tax or accounting requirements.
When we no longer have a legitimate business need to process your personal information, we follow our data retention policy and either delete or anonymize your personal information. If we cannot delete or anonymize your personal information, then we will segregate and securely store your personal information until deletion or anonymization is possible.
Once we anonymize your personal information, it is no longer personal information. We use anonymized data subject to applicable law and our Customer agreements.
For more information, please contact support@Opentact.com.
The Site and Services are not intended for use by minors (i.e., children under age 18 or the age of majority if older in a particular jurisdiction). From time to time, we may offer a “Texting Santa” promotion or similar adult-focused promotions through which we invite parents to help their children send text messages.
Opentact does not knowingly collect personal information from minors. Consistent with the requirements of applicable law, if we learn that a minor has improperly provided us with personal information, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the minor that he or she cannot use the Site or Services and subsequently will delete that information.
Opentact’s California Privacy Notice (“California Privacy Notice”) applies to the processing of Personal Information of residents of the U.S. State of California (“California Consumers”) as required by the California Consumer Privacy Act of 2018 (“CCPA”).
If you are a California Consumer, this California Privacy Notice explains your privacy rights and is intended to inform you at or before the time that you provide us with your Personal Information how and why we process your Personal Information. In this California Privacy Notice, “Personal Information” means information that identifies, relates to, describes, is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular California Consumer or household.
CCPA offers California Consumers the following key privacy rights:
For CCPA purposes, Opentact generally acts as a “Business” with respect to your Personal Information, which means that Opentact determines how and why the Personal Information that Opentact collects from or about you is processed. When Opentact is handling Personal Information about End Users on behalf of our Customers, Opentact is acting as a “Service Provider”, which means that Opentact can only use your Personal Information for specified purposes and as permitted in our contract with our Customer.
This Notice at Collection of Personal Information describes our Personal Information collection practices when we are acting as the Business, including a list of the categories of Personal Information we collect, the purposes for which we collect Personal Information and the sources from which we collect Personal Information. If you have more questions about information collected from or about End Users, please contact the company from which you receive text messages because they are the “Business” for CCPA purposes.
Category of Personal Information listed in CCPA
Examples of Personal Information in CCPA Category that Opentact Collects
Why Opentact Collects this Personal Information
Name, postal address, email address, unique identifier, Internet Protocol address, account name, and similar identifiers.
We do not collect your social security number, driver’s license number or passport number.
We do not collect your insurance policy number, education, employment history, medical information, or health insurance information.
We collect your name, telephone number(s), email address(-es) and contact address when you create an account, an account is created for you or you complete a transaction. If you choose to create an account, we assign a username and one or more unique identifiers to your account.
We collect your IP address and your Device ID automatically.
We also collect this Personal Information
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Name, signature, address, telephone number and current employer and work address.
We collect your name, phone number, email address and contact address when you create an account, an account is created for you or you complete a transaction. If you choose to create an account, we will assign a username and one or more unique identifiers to your account.
We collect your IP address and your Device ID automatically.
We also collect this Personal Information
C. Protected classification characteristics under California or federal law
We do not collect information about legally-protected classifications, including race, national origin, citizenship, marital status, gender, sexual orientation/identity, medical condition, AIDS/HIV status, genetic information, military or veteran status, religion, disability, political affiliations or activities or status as a victim of domestic violence, assault or stalking.
D. Commercial information
Records products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
We create records of the Services purchased or considered, as well as your purchasing history in order to provide you with the Services that you have purchased and to offer other products that may be useful to you. You provide payment and billing information when you purchase our Services but we do not collect and store your bank account number, credit card number, debit card number – this information is collected by our third party payment processor and not shared with us.
E. Biometric information
We do not collect information about your physiological, biological or behavioral characteristics.
F. Internet or other similar network activity
Browsing history, search history, information on a California Consumer’s interaction with online services and digital advertisements.
We collect information about your browsing history, search history and information regarding your interaction with customer portals, websites, applications or advertisements automatically when you use our Site and Services.
G. Geolocation data
Physical location or movements from GPS, WiFi and/or Bluetooth (when a device’s operating system settings allow collection).
We collect your IP address automatically. We may be able to determine your general location based on the IP address.
H. Audio, electronic, visual, thermal, olfactory or similar information.
Recorded telephone calls and photographs.
If you contact us via telephone, we may record the telephone call. We will notify you if a call is being recorded at the beginning of the telephone call. We do not collect any thermal, olfactory or similar information. We collect your photograph if you choose to give it to us through your account.
I. Professional or employment-related information
Depending on how and why you use the Site or Services, we may collect information about your current employer who or that is the Customer or prospective customer.
We may use information about your position and your current employer (who or that is the Customer or prospective customer) to understand more about you in order to provide you with relevant information to promote our products and services, to deliver advertising, some of which is targeted based on your online activity and inferred interests, and to communicate with you.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99))
We do not collect information about the institutions you have attended or the level of education you have attained.
K. Inferences drawn from other categories (A. – L above) to create a profile about a California Consumer
Profile reflecting your preferences and characteristics.
Opentact does not sell your Personal Information to third parties and accordingly, we do not provide you with information about how to opt-out of sale of your Personal Information
To submit a request to exercise your privacy rights:
A different California law permits California residents to request a notice disclosing the categories of Personal Information about you that we have shared with third parties for their direct marketing purposes during the preceding calendar year. At this time, Opentact does not share Personal Information with third parties for their direct marketing purposes.
300 Elliott Avenue West, Suite 500
Seattle, Washington 98119
Please note that when we collect information about End Users, we are acting as a data processor on behalf of our Customers. If you are an End User, please contact the business or individual who sent you the text message.
We need to inform Users about the legal bases for our processing of their personal data. Our legal bases depend on the context in which the personal data is collected and processed. Generally, we only collect personal data when we need the personal data to perform a contract with Users (such as our Terms of Service), when we have consent to do so or when the processing is in our legitimate business interests and not overridden by the privacy or other fundamental rights and freedoms of Users (such as when we process personal data to prevent spam or fraud).
In some cases, we also may have a legal obligation to collect personal data from Users. If we ask you to provide personal data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether providing your personal data is mandatory and the possible consequences if you do not provide your personal data.
Similarly, if we collect and use personal data in reliance on our legitimate interests (or those of any third party), this interest is typically to provide our Services and communicate with you about our Services and for our legitimate commercial interests, such as responding to queries, improving our Site and Services, advising Users about new features or maintenance or undertaking marketing activities. We may have other legitimate interests and if appropriate we will make clear our legitimate interests at the relevant time.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal data, please contact us using the contact details provided below.
For personal data for which we are the data controller and for which applicable law grants you data protection rights, if you would like to review, correct, update, suppress, restrict or delete personal data that you have previously provided to us as or if you would like to receive an electronic copy of your personal data for purposes of transmitting it to another company (where this right to portability is provided to you by law), please submit your request to us as follows:
American Marketing Agence Inc
3524 Silverside Road Suite 35B,
Wilmington, Delaware, 19810
In your request, please make clear what personal data you would like to have changed, whether you would like to have your personal data suppressed from our database or other limitations you would like to put on our use of your personal data. For your protection, we only fulfill requests for the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity and geographic residency before fulfilling your request. We will try to comply with your request as soon as reasonably practicable and within the time periods required by applicable law.
Please note that we often need to retain certain personal data for recordkeeping purposes and/or to complete any transaction that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the personal data provided until after the completion of such purchase or promotion). Our databases and other records may have residual personal data which will not be removed. We also may not allow you to review certain personal data for legal, security or other reasons.
EEA residents have the right to lodge a complaint with a data protection authority about how we process your personal data. Please see https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en for more information.
Opentact may transfer your personal information to jurisdictions other than the one in which you reside. These other jurisdictions may have data protection laws that are different from the laws of your place of residence (and, in some cases, not as protective).
Specifically, our servers are located in countries which may be located outside of the jurisdiction where we collected the data. This means that, when we collect your personal information, we may transfer it to or process it in any of the countries in which we do business. Also, some of the third-party service providers with which we may share personal information (as described above) are located in and may transfer personal information to various jurisdictions around the world. When we transfer personal data from the EEA to a jurisdiction outside the EEA, we deploy appropriate technical and organizational safeguards consistent with the requirements of applicable data protection law.
American Marketing Agency Inc.
3524 Silverside Road Suite 35B
Wilmington, Delaware, 19810
You can, of course, text us! We are a texting company after all.
Please feel free to write us with your privacy questions.