Attentive Mobile Inc. Privacy Policy

Attentive Mobile, Inc. (“Attentive,” “we,” “us,” or “our”) respects your privacy. This Privacy Policy explains how Attentive collects, uses, discloses, and secures information about you through www.attentivemobile.com (“Website”), our computer or mobile applications, and our electronic communications, including email and text messages, and the services that we provide to our Clients and their Customers (collectively, the “Service”).

By using the Service, you consent to the collection and handling of your information as set forth in this Privacy Policy.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICE.

This Privacy Policy contains the following sections:

Information We Collect

Attentive collects information from and about users of our Service in a variety of ways. We act as a service provider to organizations (“Clients”) who want to engage with individual consumers (“Consumers”) through the Service. In providing the Service to our Clients, we collect and obtain information about Consumers to, among other services, deliver commercial text messages to Consumers’ mobile phones. We also collect information from Clients, Consumers and individuals who are neither Clients nor Consumers when they visit our Website.

Information You Provide. We collect information you provide when you use the Service or otherwise communicate with us.

If you are a Client, we will collect the information you provide when you register for and contract to use the Service.

If you are a Consumer, we collect various information you directly provide when you use the Service, for example, when you:

  • Send messages with Clients via the Service, we will collect your messaging history and any information included in those messages.
  • Interact with content on one of our Clients’ websites or mobile applications and submit your email address, phone number, and/or any additional information that you choose to provide.
  • Contact us with questions or for customer service, we will collect contact information such as your name, email address, and phone number, and any information you provide in connection with your question.
  • Participate in a contest, sweepstakes, research study, or email survey, we will collect basic contact information and any other information you provide in connection with these activities.

Information about Consumers that Clients Provide to Us. Clients may provide us with information about their Consumers through the Service or offline for inclusion in the Service.  Such information may include Consumers’ name, email address, and telephone number. Our Clients are responsible for providing notice and obtaining appropriate consents necessary for us to process this information.

Information We Collect Through Automated Means. Like most online services, we may automatically receive and store certain information about you through your device(s). As discussed further below, we and our service providers may use a variety of technologies, including cookies, to assist in this information.

  • Device Information.  We collect technical information associated with the device(s) you use to access our Service, including information related to your browser and operating system, IP address (the Internet address of your computer), unique device identifiers, and other information such as your device type.
  • Usage Information. We also collect a variety of information to better understand use of our Service. This may include the webpage that you were visiting before accessing our Service, the pages or features of our Service you use, how much time you spend there, date and time of use, and information about your usage preferences.

Information We Collect from Social Media and Other Content Platforms. When you “like” or “follow” us on Facebook, Instagram, Twitter, LinkedIn, or other social media sites, we may collect some information from you including your name, e-mail address, and any comments or content you post relevant to us. We also collect your information if you sign up for one of our promotions or submit information to us through social media sites.

Information We Collect from Others. We may also receive information about you from service providers, advertisers, partners, and other third parties that we work with.  We may combine this information with other information we received about you through the Service.

How We Use Your Information

We, or our service providers, use your information for various business and operational purposes:

  • Administer your account, including to verify your information;
  • Provide, manage, support, and improve our Service;
  • Respond to your requests for information and provide you with more effective and efficient customer service;
  • Conduct internal business operations in support of our Service, such as auditing, security, resolving crashes, preventing fraud, invoicing and accounting, sales and marketing, analytics, and research and development;
  • Contact you regarding Attentive and third-party products, services, surveys, research studies, promotions, special events, and other subjects that we think may be of interest to you (in accordance with any privacy preferences you have expressed to us);
  • Customize content, preferences, and advertising on the Service, across the Internet and elsewhere;
  • Comply with the laws, regulations, and other legal process and procedures;
  • Establish, exercise, or defend our legal rights;
  • Conduct cross-device tracking for our Clients by using information such as IP addresses and unique mobile device identifiers to identify the same unique users across multiple browsers or devices (such as smartphones or tablets), in order to save Consumers’ preferences across devices and analyze usage of the Service.
  • For any other purpose with your consent.

Combined Information. For the purposes discussed in this Policy, we may combine the information that we collect through the Service with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Policy.

Aggregate/De-Identified Information. We may aggregate and/or de-identify any information collected through the Service so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties in our discretion.

The legal bases for using your information as set out in this Policy are as follows:

  • Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with: the terms of service for use of our Service which you accept by browsing the websites/registering; and/or our contract to provide our Service to you);
  • Where use of your information is necessary for our legitimate interests or the legitimate interests of others for example, to provide security for our website and applications; operate our business and our Service; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud and to know the customer to whom we are providing Service); or
  • Where required by law, and in some other cases, we handle personal data on the basis of consent.

To collect the information in the “Information We Automatically Collect” section above, we and our service providers use Internet server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. We use these technologies in order to offer you a more personalized experience in the future (e.g. send Consumers personalized text messages such as shopping cart reminders), by understanding and remembering your particular browsing preferences.

  • A web server log is a file where website activity is stored.
  • An SDK is a set of tools and/or code that is embedded in our Clients’ websites and mobile applications to collect information about how Consumers interact with our Clients’ services, including communications that our Clients send to Consumers.
  • A cookie is a small text file that is placed on your computer or mobile device when you visit a website, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Service you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files.
  • Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or emails that are designed to: (1) collect usage information like ad impressions or clicks and email open rates; (2) measure popularity of the Service and associated advertising; and (3) access user cookies.

As we adopt additional technologies, we may also gather information through other methods and technologies.

Please note that you can change your settings to notify you when certain cookies are being set or updated, or to block certain cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet ExplorerGoogle ChromeMozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including flash cookies and local storage objects with the Flash management tools available at Adobe’s website. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Service and that Attentive does not control the choices that available through above third party offerings.

For more information on the cookies we use and the purposes for which we use them, please refer to our Cookies Notice. By continuing to use our websites and/or our Service, you are agreeing to our use of cookies as described in our Cookies Notice.

Online Analytics and Interest-Based Advertising

Analytics. We may use third-party analytics services (such as those of Google Analytics) on our Service to collect and analyze usage information through cookies and similar technologies; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

Interest-Based Advertising. When you use the Service, Attentive may use the information collected from you in order to display advertising to you on other websites, such as Facebook or Google or on our Clients’ websites or mobile applications about products, services, and related features that we think may be of interest to you to improve and personalize your use of the Service. This type of advertising is called retargeting. These ads may be personalized based various factors such as the features you are using, demographic and geographic data, and other information that we collect about you.  This advertising may be based on your current activity or your activity over time and may be tailored to your interests.

In order to provide this interest-based advertising, we may use third party service providers who, on our behalf, may place cookies or other tracking technologies, such as cookies and SDKs on your computer browser, mobile phone applications, or other devices to collect information about your use of the Service in order to provide interest-based advertising to you both on the Service and on other websites.

We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device by non-affiliated, third-party providers. As described below, these providers may offer you a way to opt-out of the collection of information that is used for our interest-based advertising to you. We cannot guarantee that these instructions will not change, or that they will continue to be available; they are controlled by each third-party service provider, not us.

If you are interested in more information about interest-based advertising and how you can generally control cookies other tracking technologies from being put on your device to deliver such advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s (DAA’s) Consumer Opt-Out link, or TrustArc’s Advertising Choices Page. To opt out of the display of interest-based advertising from Google, please visit the Google Ads Settings page. Facebook also offers settings that may control what information Facebook uses about you or your device activity for advertising purposes. For more information, you will need to log in to Facebook via the Sign In link and go to Settings > Ads > Ad Settings (web) or Ad Preferences > Ad Settings (app).

Please note that to the extent advertising technology is integrated into the Services, you may still receive advertising even if you opt-out as described above. In that case, the advertising will just not be based on your interests.

Notice Concerning Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals. Learn more about Do Not Track.

How We Share Your Information

We may share, transfer, or disclose your information, if you consent to us doing so, as well as in the following circumstances:

  • Service Providers. We may share information with third parties who provide services to us, such as analytics, payments processing, web site management, information technology, security and other similar services.
  • Related Entities.  We may share your information with our affiliates (entities that control or are under the control of Attentive) for business purposes. We will require these entities to comply with the terms of this Policy with regard to their use of your information.
  • Legal Requirement and Protection of Attentive and Others. We may disclose your information as we believe to be necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) enforce our Terms of Use; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.
  • Corporate Transactions. We reserve the right to transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, diligence, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.
  • Your Consent. We may also share or disclose your information with your consent or at your direction.

From time to time, we may share aggregate or de-identified information about use of the Service and individuals. We may share or disclose such aggregate or de-identified information with any third party, including advertisers, promotional partners, and sponsors.

Protection of Information

We take a variety of physical, technical, administrative, and organizational security measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.  These measures are commensurate with the sensitivity of the information that we maintain about you.  Unfortunately, no online activity can be guaranteed to be 100% secure.  While we strive to protect your information against unauthorized use or disclosure, we cannot ensure or warrant the security of any information you provide to us.  We do not accept liability for unintentional disclosure. ​

Retention of Information

We retain your information for as long as your account is active or as needed to comply with applicable legal obligations. We will also retain and use your information as necessary to resolve disputes, protect Attentive and our users, and enforce our agreements.

Third Party Links and Features

The Service may contain links to third-party services (e.g., social media sites like Facebook and Twitter) and third-party plug-ins (e.g., the Facebook “like” button and the Twitter “follow” button).  These links and features are provided for your reference and convenience only and do not imply any endorsement of information provided through these third-party links and features, nor any association with their operators. If you choose to use these sites or features, you may disclose your information not just to those third parties, but also to their users and the public more generally depending on how their services function. Attentive does not control these third parties and is not responsible for the content or data practices of such third-party websites or services. Any information you provide to third parties on their websites or services is covered under their privacy and data collection policies, and is not covered by this Privacy Policy. We urge you to review the privacy and security policies of these third parties before interacting with their services.

Children’s Privacy

The Service is intended for general audiences and not for children under the age of 13. If we become aware that we have collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without legally valid parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.

Your Rights and Choices

We respect your right to make choices about the ways we collect, use, and disclose your information.

Your Legal Rights. Depending on the laws of your local jurisdiction, you may have certain rights and choices with respect to your information. For example, under local laws, you may be able to ask us to:

  • provide access to and/or a copy of certain information we hold about you;
  • prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling);
  • update or rectify information which is out of date or incorrect;
  • delete certain information which we are holding about you;
  • oppose, cancel, or restrict the way that we process and disclose certain of your information;
  • transfer your information to a third-party provider of services; or
  • revoke your consent for the processing of your information.

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests, to comply with a legal obligation, or if you are a resident of country or state does not provide the rights you have requested. We will let you know where this is the case or if certain rights don’t apply in your country or state of residence. We may request you provide us with information necessary to verify your identity before responding to your request as required or permitted by applicable law.

Marketing Communications. You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, and promotions that might appeal to your interests by contacting us using the information below:

  • You can opt-out of receiving further promotional emails from us by following the unsubscribe instructions provided in the promotional email you receive from us or by contacting us directly at the email address listed below.
  • Our Clients may send you emails or text messages using our services. If you would like to opt-out of receiving such further communications, you need to exercise your rights with our Clients by, for example, unsubscribing to Client emails or by responding to an Attentive generated text message from our Clients with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT.

Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.

Information for California Residents and California Notice at Collection

This section applies only to “personal information” about California residents, as that term is defined in the California Consumer Privacy Act (“CCPA”), and it supplements the information in the rest of our Privacy Policy. Data about individuals who are not residents of California may be handled differently and is not subject to the same California rights described below. In addition, this section does not apply to personal information we collect in the following circumstances:

  • From employees or job applicants in their capacity as employees or job applicants;
  • Personal information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services; and
  • Information that we process as a service provider on behalf of other businesses, such as our Clients.

CCPA Categories of California Personal Information We Collect

Throughout this Privacy Policy, including in the “Information We Collect” section, we discuss in detail the specific pieces of personal information we collect about individuals. Under the CCPA, we are also required to provide you with the CCPA “categories” of personal information we collect. The categories we collect are: identifiers (such as name, address, phone number, email address); commercial information (such as transaction data); internet or other network or device activity (such as browsing history or IP address, including the city and state based on IP address); and other information that identifies or can be reasonably associated with you.

How We Use and Disclose These Categories of Personal Information

We and our service providers may use and disclose (and in the past 12 months have used and disclosed) all of the personal information we collect for the business purposes described in this Privacy Policy, and in accordance with our disclosures in the “How We Use Your Information” and “How We Share Your Information” sections above.

Sale of Personal Information

The CCPA also provides California residents with the right to opt out of the “sale” of personal information.  Based on the definition of “sell” under the CCPA and under current regulatory guidance, we do not believe we engage in such activity and have not engaged in such activity in the past twelve months.  We provide information on a variety of ways in which you can prevent cookies and other tracking technologies from being used on your devices in the “Online Analytics and Interest-Based Marketing” section.

Please note that we also do not knowingly sell the personal information of minors under 16 years of age without legally required affirmative authorization.

Your California Privacy Rights

If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:

  • Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
  • Provide access to and/or a copy of certain personal information we hold about you.
  • Delete certain personal information we have about you.

The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights. You also may have the right to receive information about the financial incentives that we offer to you (if any).

Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Service to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, phone number, email address, and other account information. You are also permitted to designate an authorized agent to submit certain requests on your behalf.  If you would like further information regarding your legal rights under California law or would like to exercise any of them, please contact us at [email protected].

California “Shine the Light” Disclosure

The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

Information for Nevada Residents

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident and you have purchased products from us, you may submit a request to opt out of any potential future sales under Nevada law by email to [email protected]. Please note we may take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

Information for International Users 

Attentive is based in the United States and, regardless of where you use our Service, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Service, you consent to this collection, transfer, storage, and processing of information to and in the United States.

Privacy Policy Updates

We may update this Privacy Policy from time to time to reflect changes in the law, our data collection and use practices, the features of our Service, or advances in technology. We will make the revised Privacy Policy accessible through use of the Services, so you should review the Privacy Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Last Updated” date included at the beginning of this Privacy Policy. If we make a material change to the Privacy Policy, you will be provided notice in accordance with legal requirements. Your use of this Service following any such change constitutes your agreement that all information collected from or about you after the revised Privacy Policy is posted will be subject to the terms of the revised Privacy Policy.

Contact Us

If you have any questions or comments about this Privacy Policy, our privacy practices or if you would like to exercise your rights and choices, please contact our Data Protection Officer at: [email protected], by writing to us at: Attentive Mobile Inc., Attn: Privacy Dept., 156 Fifth Avenue, Suite 303, New York, New York 10010, or by phone at 1-844-293-7265

Last Updated: September 14, 2020