TxtMark Privacy Policy

Effective Date: May 7, 2025

Welcome to TxtMark! This Privacy Policy explains how TxtMark (“TxtMark,” “we,” “us,” or “our”) collects, uses, discloses, and protects information that applies to our bulk SMS platform (the “Platform”), our website [https://www.google.com/search?q=YourWebsiteAddress.com] (the “Site”), and any other services we offer (collectively, the “Services”).

This Privacy Policy is intended to inform our Clients (businesses or individuals who use our Platform to send SMS messages) and, where applicable, the recipients of messages sent through our Platform (“End Users”), as well as visitors to our Site.

1. Information We Collect

We collect information in the following ways:

a. Information You Provide to Us (Our Clients): * Account Information: When you (our Client) create an account, we collect information such as your name, company name, email address, phone number, billing information (including credit card details, processed by our third-party payment processors), and physical address. * Campaign Information: We collect information related to the SMS campaigns you create and manage through our Platform, including contact lists (phone numbers of End Users you upload), message content, and scheduling details. * Communications: If you contact us directly (e.g., for customer support), we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.  

b. Information We Collect Automatically When You Use Our Site or Platform: * Log Data and Usage Information: We collect information about your interactions with our Site and Platform, such as IP address, browser type, operating system, referring URLs, pages viewed, links clicked, a timestamp for your visit, and other usage statistics. * Cookies and Similar Tracking Technologies: We use cookies, web beacons, and similar tracking technologies to collect information about your Browse activities over time and across different websites following your use of our Site and Platform. This helps us operate our Services, enhance your experience, and analyze performance. You can control the use of cookies at the individual browser level. For more information about our use of cookies, please see our [Link to Cookie Policy, if separate]. * Device Information: We may collect information about the device you use to access our Site or Platform, including hardware model, operating system and version, unique device identifiers, and mobile network information.  

c. Information Processed on Behalf of Our Clients (Regarding End Users): * End User Phone Numbers: Our Clients upload lists of phone numbers of End Users to whom they wish to send messages. * Message Content: We process the content of the SMS messages that our Clients send to End Users. * Delivery Information: We collect information regarding the delivery status of messages sent, including delivery receipts, error messages, and opt-out requests (e.g., “STOP” replies).  

It is the sole responsibility of our Clients to ensure they have obtained all necessary consents and permissions from End Users to send them SMS messages via our Platform, in compliance with all applicable laws and regulations (including, but not limited to, the Telephone Consumer Protection Act – TCPA in the United States). TxtMark acts as a data processor or service provider for its Clients with respect to End User data provided by the Client. Our Clients are the data controllers for this information.  

2. How We Use Your Information

We use the information we collect for various purposes, including:

• To Provide and Maintain Our Services: To operate the Platform, manage Client accounts, process payments, send messages as directed by our Clients, and provide customer support.  
• To Improve and Personalize Our Services: To understand how our Site and Platform are used, to develop new features and functionality, and to personalize your experience.
• For Communication: To communicate with our Clients about their accounts, service updates, security alerts, changes to our policies, and promotional offers (Clients may opt-out of promotional communications).
• For Billing and Account Management: To process payments and manage Client accounts.
• For Analytics and Performance Monitoring: To monitor and analyze trends, usage, and activities in connection with our Services.
• For Security and Fraud Prevention: To protect the security and integrity of our Platform, prevent fraud, and enforce our terms of service.
• To Comply with Legal Obligations: To comply with applicable laws, regulations, legal processes, or governmental requests.

With respect to End User data processed on behalf of our Clients, we use this information solely to provide the Services to our Clients as directed by them and in accordance with our agreements with them.

3. How We Share Your Information

We may share your information in the following circumstances:

• With Telecommunication Providers and Aggregators: We share information (such as End User phone numbers and message content) with underlying telecommunication carriers and aggregators to facilitate the sending and delivery of SMS messages.
• With Third-Party Service Providers: We may share information with third-party vendors, consultants, and other service providers who perform services on our behalf, such as payment processing, data analytics, email delivery, hosting services, and customer service. These service providers are authorized to use your personal information only as necessary to provide these services to us and are obligated to protect your information.  
• With Our Clients: We provide our Clients with reporting and analytics regarding their SMS campaigns, which may include information about message delivery and End User engagement (e.g., opt-outs).  
• For Legal Reasons: We may disclose your information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of TxtMark, (iii) prevent or investigate possible wrongdoing in connection with the Services, (iv) protect the personal safety of users of the Services or the public, or (v) protect against legal liability.  
• Business Transfers: If TxtMark is involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.  
• With Your Consent: We may share your information with third parties when we have your explicit consent to do so.  

We do not sell the personal information of our Clients or End Users. (Note: If your business model involves selling data, this section needs significant modification and legal review to ensure compliance with laws like CCPA/CPRA).

4. Data Retention

We will retain Client account information for as long as your account is active or as needed to provide you Services, comply with our legal obligations, resolve disputes, and enforce our agreements.

Data related to SMS campaigns, including End User phone numbers and message content processed on behalf of our Clients, will be retained in accordance with our agreements with our Clients and their instructions, or as required by law. Typically, this data is retained for a period necessary to provide the service, generate reports, and then securely deleted or anonymized.  

End User opt-out requests (e.g., “STOP” messages) are retained to ensure compliance with such requests.

5. Data Security

TxtMark takes reasonable administrative, technical, and physical security measures to protect your personal information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. However, no Internet or email transmission is ever fully secure or error-free. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.  

6. Your Rights and Choices  

a. For Our Clients: * Account Information: You may access, update, or correct your account information at any time by logging into your account or contacting us. * Marketing Communications: You can opt-out of receiving promotional emails from us by following the unsubscribe instructions included in those emails or by contacting us. Please note that you may still receive transactional or administrative messages related to your account and our Services. * Data Deletion: You may request deletion of your account information by contacting us, subject to our retention policies outlined in Section 4.  

b. For End Users: * Opting Out of Messages: End Users can opt-out of receiving SMS messages sent through our Platform by replying “STOP” (or other standard opt-out keywords) to any message they receive. TxtMark processes these opt-out requests on behalf of its Clients. * Access, Correction, or Deletion of Your Data: If you are an End User and wish to access, correct, amend, or delete personal data that a TxtMark Client has submitted to our Platform for sending messages to you, you should direct your request to that TxtMark Client (the data controller). TxtMark will work with its Clients to respond to such requests as required by law.

c. Your Privacy Rights (e.g., under CCPA/CPRA, GDPR): Depending on your location and applicable law, you may have certain rights regarding your personal information, such as the right to access, correct, delete, restrict processing, object to processing, or request data portability. To exercise these rights, please contact us as described in Section 10. If you are an End User, please direct your request to the TxtMark Client who sent you the message.  

7. Children’s Privacy

Our Services are not directed to individuals under the age of 13 (or a higher age threshold if stipulated by applicable local laws). We do not knowingly collect personal information from children. If we become aware that a child has provided us with personal information, we will take steps to delete such information. If you believe that we might have any information from or about a child, please contact us.  

8. International Data Transfers

TxtMark is based in the United States. If you are accessing our Services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States might not be as comprehensive as those in your country. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. For transfers of personal data from the European Economic Area (EEA), UK, or Switzerland, we rely on appropriate safeguards such as Standard Contractual Clauses or other mechanisms approved by relevant authorities.  

9. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. If we make material changes, we will notify you by revising the “Effective Date” at the top of this policy and, in some cases, we may provide additional notice (such as adding a statement to our homepage or sending our Clients an email notification). We encourage you to review this Privacy Policy periodically to stay informed about our information practices and the choices available to you.