Terms and Privacy
These terms apply to any entity, hereafter referred to as “COMPANY” with which MessageSpark or its local partners, hereafter referred to as “PROVIDER,” has been engaged to provide text message marketing and web management services on behalf of COMPANY.
Offers/deals/rewards must be honored by COMPANY as presented on website, kiosk or text message, through their posted expiration date.
Exclusive offers must meet all legal requirements regarding advertising, giveaways, promotions, etc. as determined by COMPANY.
COMPANY shall adhere to the conditions of Engagement Agreement, including fees, initial term and cancellation. Cancellations must be received in writing by PROVIDER. After initial contract term, default term will be monthly, auto renewing every 30 days from service start date.
COMPANY plan will be upgraded automatically based upon total number of Subscribers. For example, when COMPANY acquires 501–1,000 subscribers, the plan price will be upgraded to $399 a month.
COMPANY will be charged on the day of change (if additional fees apply) and monthly billing date will commence each month thereafter on that same day.
The Telephone Consumer Protection Act (“TCPA”) and wireless carriers requires each campaign subscriber to be informed that they will be sent advertising to their mobile phone (opt-in message). Each NEW subscriber will be sent this message ONE time and it counts as ONE text message used. You must comply with all aspects of the law including, without limitation, the TCPA when utilizing the text messaging services. Only the COMPANY’S subscribers shall directly enter their wireless number into the Loyalty Kiosk and COMPANY shall not otherwise directly or manually enter a subscriber’s wireless number into the system.
COMPANY will not be charged for incoming messages. COMPANY offers can be scheduled up to 365 days in advance. Minimum 24hr notice for unscheduled text message broadcasts.
Hardware, including Loyalty Kiosk (Tablet), stand and signage is the sole property of the PROVIDER. A replacement fee of $249 will be charged to the COMPANY in the event of loss or damage to the tablet.
Due to the sensitive nature of mobile phone information, all campaign subscriber information is the property of PROVIDER, including cell phone numbers, names, email addresses etc. COMPANY may request a report of current subscriber list; approval is subject to regulatory review. Upon termination of service, COMPANY forfeits all subscriber lists. COMPANY shall not collect or broadcast to unsolicited or unauthorized mobile numbers.
COMPANY, at its own expense, will indemnify, defend, and hold harmless PROVIDER, its affiliates, licensors, and each of its respective employees, officers, directors, representatives, and agents from and against all losses, damages, liabilities, settlements, costs and expenses including attorney’s fees arising out of or related to any claim or action by a third party arising out of or relating to COMPANY’s use of the PROVIDER’s service or affiliation with PROVIDER.
PROVIDER reserves the right to from time to time amend, supplement or modify the terms of this agreement. If you do not agree to be bound by or cannot comply with the agreement as amended, your only remedy is to stop using the services. You will be deemed to have accepted this agreement as amended if you continue to use the service.
COMPANY will not utilize PROVIDER services for any activity that is unlawful, false, inaccurate, misleading, harmful, threatening, abusive, harassing, defamatory, invasive of another’s privacy, hateful, or otherwise objectionable.
PROVIDER may, at its sole and absolute discretion, suspend or terminate the provision of any or all advertising services at any time for violation of any of the terms and conditions of use. Unauthorized use of this service may give rise to a claim for damages and/or be a criminal offense.
Collection and Use of Personal Information
SpendSmart does not collect any personal information (name, address, e-mail address, telephone number, etc.) through this website unless you provide it to us voluntarily. SpendSmart may ask you for personal information to respond to your questions; to process or fulfill your request or employment inquiry. In some instances, SpendSmart may need additional personal information in order to process or fulfill your request or employment inquiry. The decision to provide the additional information rests with you. SpendSmart may keep and use personal information we collect from you through this website to provide you with access to this website. In addition, we may keep and use your personal information:
- to respond to your requests
- to develop records, including records of your personal information
- to contact you with information that might be of interest to you, including information about our products and services
- for analytical purposes and to research, develop and improve programs, products, services and content
- to remove your personal identifiers (your name, e-mail address, etc.). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information.
- to protect our rights or property
- to protect someone’s health, safety or welfare
- to comply with a law or regulation, court order or other legal process
SpendSmart will not share your personal information with third parties without your permission, except as otherwise necessary to comply with any applicable law, court order or other judicial process. SpendSmart may occasionally hire other companies to provide certain services on its behalf. SpendSmart may provide such companies with the minimum amount of personal information necessary to deliver the service. SpendSmart will take reasonable steps to ensure that any personal information shared under these circumstances will not be used for any other purposes.
SpendSmart does not sell or provide personal information data to non-affiliated third parties for promotional purposes, and you will not receive e-mails or mailings concerning SpendSmart or its products or services unless you specifically elect to receive such information.
Collection and Use of Non-Personal or Statistical Information
When you connect to this website, SpendSmart may automatically collect technical, non-personal information. Examples include the type of Internet browser used, your computer operating system and the IP address of the website from which you linked to this website. SpendSmart may share aggregate website statistical information (such as sales, traffic patterns or related information) with third parties to develop ideas for improving this website and the products or services offered through this website. No such shared statistics will contain any personal information.
When viewing this website, information in the form of a “cookie” or similar file may also be stored on your computer. This information helps SpendSmart to tailor this website in a manner to better match your interests and preferences. If you do not wish to receive cookies or want to be notified when they are placed on your computer, many Internet browsers allow you to erase existing “cookies,” block cookies, or warn you before a cookie is stored on your computer. Consult your specific browser’s instructions to learn more about these features.
Modification or Deletion of Personal Information
If you need to change or correct any personal information provided to us, or wish to have all personal information we have collected removed from our files, please contact us and we will take reasonable steps to comply with your request.
Security is very important to SpendSmart. SpendSmart also understands that security is important to you. Although no system is 100% immune from external attack, SpendSmart has taken commercially reasonable measures to prevent unauthorized access to and improper use of your personal information.
Children Under the Age of 13
SpendSmart cares about protecting the online privacy of children. We will not intentionally collect any personal information (such as a child’s name or e-mail address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us.
Storage of Information