SMS ASSIST
PRIVACY STATEMENT FOR ONE INSITE BY SMS ASSIST™ APPLICATION
This Privacy Statement (“Privacy Statement”) for
the One Insite by SMS Assist™ Application (“Application”) is effective
as of September 4, 2020.
You are being granted access to the Application
maintained by SMS Assist, L.L.C. (“SMS Assist” or “We”) as a
result of an agreement between SMS Assist and a third party who is a customer
of SMS Assist, such as your employer, client, or property manager (“Customer
Agreement”).
This Privacy Statement applies solely to the information
and data you may provide to us or that we collect from you when you access or
use the Application or communicate with us in connection with the Application
or services we provide (“Services”), and it describes how and when we
collect, use, and share such information and data. This Privacy Statement does not apply to
information or data collected by SMS Assist through any means other than in
connection with your use of the Application, such as offline, through the
www.smsassist.com website, or by any third-party services, applications,
websites, or advertisements associated with, linked to, or otherwise accessible
from the Application (“Third-Party Sites”). The information collected
or received by such Third-Party Sites is subject to the privacy policies and
practices of the Third-Party Sites and under no circumstances is SMS Assist
responsible or liable for any third-party information collection. In the event of a conflict between the
Customer Agreement and this Privacy Statement, the Customer Agreement shall
control.
By using the Application or voluntarily providing your
information to us, you consent to our collection, transfer, manipulation,
storage, disclosure and other uses of your information as set forth in this
Privacy Statement. If you do not agree to the terms of this Privacy
Statement, then you may not use the Application or give us any information
and you should discuss this choice with your employer, client, or property
manager, as applicable, who has a Customer Agreement with SMS Assist.
Irrespective of which country you reside in or supply information from, you
authorize SMS Assist to use your information in the United States and any other
country where SMS Assist operates. We
may process your Personal Information (defined below) and other information we
receive in relation to the Application on a server located outside the country
where you live.
This Privacy Statement is incorporated into and subject
to the Terms of Use.
Types of Information We Collect
We collect information
and data through the Application, which may include, but is not limited to:
•
Personal
Information. We may ask you to
disclose certain information, such as your name, address, e-mail address,
telephone number, or other personally identifying information (“Personal
Information”).
•
Non-personally
identifying information. We may
also ask you to submit other information which is non-personally identifying,
such as transaction information, pictures, video, or other information that
does not identify you personally.
•
Information
about your device, internet connection, and usage. We may also collect information automatically when you
use the Application, such as information about your device (which term includes
personal computers, laptops, tablets, phones, and other hardware), your
browser, your internet connection, your IP address, and how you use the
Application.
•
Geolocation
information. The act of downloading
and using the Application on a mobile device signifies your acknowledgement
that the Application contains global positioning system (GPS) technology, which
will allow SMS Assist to know the physical location of your mobile device at
all times (subject to carriers' cellular phone and data service coverage).
• Information You Provide to Us
As you use the
Application, we may collect any information that you provide to us, which may
include, but is not limited to:
•
Information
that you provide by filling in forms. This includes information that may be
provided at the time of registering to use the Application or when you
otherwise enter information into the Application and may include Personal
Information. We may also ask you for
information when you report a problem with the Application;
•
Records and
copies of your correspondence (including your name and email address or other
contact information), if you contact us through the Application or regarding
the Application or Services;
•
Your
responses to surveys that we might ask you to complete in connection with the
Application;
•
Pictures or
videos that you submit through the Application, such as those related to
service requests, to verify certain transactions, or those that may be required
by contract;
•
Details of
transactions you carry out through the Application, such as Services or work
requested;
•
Your search
queries on the Application.
• Information We Collect through Automatic Data Collection
Technology
As you use the
Application, we may use automatic data collection technologies to collect
certain information about your device, use and access of the Application, or
patterns of use, which may include:
• Device Information. We may collect device-specific information, such as your
hardware model, operating system version, and unique device identifiers.
•
Log
Information. When you use
One, we may automatically collect and store certain information, such as:
•
the specific
Services used through the Application and details of how you used such
Services;
•
Internet
protocol address (a number assigned to your computer when you use the
Internet);
•
device event
information, such as crashes, system activity, device settings; or
•
cookies that
may uniquely identify your browser or your device.
•
Local
Storage. The Application also may
access metadata and other information associated with certain files stored on
your device which relate to the Application. This may include, for example,
time, date, or location tags included in photographs, audio and video clips. We
do not, however, access any data from contact files, calendar, call logs, or
text messages.
•
Cookies. When you use
the Application, SMS Assist will use automated information gathering tools,
including cookies (small strings of text sent by our servers and stored by your
browser on your device hard drive), which will allow us to record how you use
the Application, assess overall activity, track interest in particular features
of the Application, diagnose problems with our servers, and troubleshoot
technical concerns. You may refuse to accept browser cookies by activating the
appropriate setting on your device. However, if you select this setting you
may be unable to access certain parts of the Application, and if you decide to
do so you should discuss this with your employer, client, or property manager,
as applicable, who has a Customer Agreement with SMS Assist. Unless you
have adjusted your device setting so that it will refuse cookies, our system
will issue cookies when you direct your browser to the Application.
• Mobile and Location Information. When you use
the Application on a mobile device, we may receive information about your
location and your mobile device, including a unique identifier for your device.
In such event, we may collect and process information about your actual
location using GPS signals sent by your mobile device. We may also use various
technologies to determine location, such as sensor data from your device that
may, for example, provide information on nearby Wi-Fi access points and cell
towers.
• Information We Receive from Third Parties
We may receive
information from third parties, as applicable to the Services, such as your
employer, client, or property manager, which may include Personal
Information. We receive this information
as a result of our Customer Agreement with your employer, client, or property
manager, as applicable, so that we can provide you with high-quality
maintenance services.
Third-Party Information Collection
When you use the Application, certain third parties may
use automatic information collection technologies to collect information about
you or your device. These third parties may include:
•
Analytics
companies;
•
Your device
manufacturer;
•
Your
internet provider.
These third parties may
use tracking technologies to collect information about you when you use the
Application. The information they collect may be associated with your Personal
Information or they may collect information, including Personal Information, about
your online activities over time and across different websites, apps, and other
online services websites. They may use this information to provide you with
interest-based (behavioral) advertising or other targeted content outside of
the Application. However, these third parties may provide you with ways to
choose not to have your information collected or used in this way. To learn more about this behavioral
advertising practice, you can visit www.networkadvertising.org, and you may opt
out of receiving cookies or targeted advertising from third party advertising
networks by going to the Network Advertising Initiatives cookie opt out page,
which can be found at http://www.networkadvertising.org/managing/opt_out.asp.
We do not control third
parties' tracking technologies or how they may be used, nor their collection or
use of your information to serve interest-based advertising. If you have any
questions about an advertisement or other targeted content, you should contact
the responsible provider directly.
Information
Use
We use the information we collect from the Application to
provide, maintain, Protect, and improve the Application, to develop new
services or products, and to protect both SMS Assist and our users.
Specifically, we use your information to:
•
Present the
Application to you;
•
Communicate
with you – either through email, telephone, or otherwise;
•
Ensure that
work and any service performed is done in a quality manner. Specifically, we
may use your information to carry out our contractual obligations with our
customers and to enforce our rights arising from any contracts which are
binding upon SMS Assist with respect to the work and Services we perform. Specifically,
we may use photographs, videos, and/or location data to verify that Services
are completed in accordance with all contractual requirements which are binding
upon SMS Assist;
•
Improve your
user experience and the overall quality of the Application, including to
develop new technologies and services;
•
Run reports
regarding the efficiency of Services performed for our customers;
•
Use for
internal business purposes;
•
Include and
use in our data analytics;
•
Troubleshoot
technical problems or other difficulties;
•
Meet any
applicable law, regulation, legal process, or enforceable governmental request;
•
Enforce the
Customer Agreement or the applicable Terms of Service and/or Acceptable Use
Policy governing your use of the Application, including investigation of
potential violations;
•
Detect,
prevent, or otherwise address fraud, security, or technical issues;
•
Protect
against harm to the rights, property, or safety of SMS Assist, our users, or
the public, as required or permitted by law;
•
Use in any
other way we may describe when you provide the information; and to
•
Fulfill any
other purpose for which you are providing information.
We will ask for your
consent before using information for a purpose other than those that are set
out in this Privacy Statement.
Information Sharing
We may disclose
information we collect or that you provide, including Personal Information, as
described below:
•
To our
subsidiaries and affiliates;
•
To the party
to the applicable Customer Agreement (whether you, your employer, client, or
property manager);
•
To our
customers, third party contractors, service providers, and other third parties
we use to support our business, who are bound by contractual obligations to
keep Personal Information confidential and use it only for the purposes for
which we disclose it to them;
•
To verify
transactions are completed and for quality assurance purposes. We provide
transaction data (such as photographs and location information) to our
customers in order to verify that certain Services are performed in the
highest-quality manner and in conformance with all contractual obligations that
are binding upon SMS Assist. We may also share certain limited data (not
including any Personal Information) with prospective customers in order to
demonstrate the quality of SMS Assist’s Application and technology;
•
To enforce
any rights that we may have under any contract or to ensure compliance with the
terms of any agreement to which SMS Assist may be subject;
•
To a buyer
or other successor in the event of a merger, divestiture, restructuring,
reorganization, dissolution, or other sale or transfer of some or all of SMS
Assist's assets, whether as a going concern or as part of bankruptcy,
liquidation or similar proceeding, in which Personal Information held by SMS
Assist is among the assets transferred;
•
To fulfill
the purpose for which you provide it;
•
For any
other purpose disclosed by us when you provide the information;
•
As described
elsewhere in this Privacy Statement;
•
With your
consent; and
•
If we have a
good-faith belief that access, use, preservation, or disclosure of the
information is reasonably necessary to:
•
meet any
applicable law, regulation, legal process, or enforceable governmental request;
•
enforce the
Customer Agreement, other agreement, or applicable Terms of Use and/or
Acceptable Use Policy governing your use of the Application, including
investigation of potential violations;
•
detect,
prevent, or otherwise address fraud, security, or technical issues; or
•
protect
against harm to the rights, property or safety of SMS Assist, our users, or the
public as required or permitted by law.
We may disclose
aggregated information, without restriction, about our users (including you)
and use of the Application, provided that such information does not identify
any individual.
Tracking
We do not engage in the collection of personally
identifiable information about your activities over time and across third-party
websites or online services.
Accordingly, we do not currently process or comply with any web
browser’s “do not track” signal or other mechanisms that provide consumers with
the ability to exercise choice regarding the collection of personally
identifiable information about your online activities over time and across
third-party websites. However, we may from time to time allow third-party
companies to collect certain non-personally identifiable information (see the
description under “Third-Party Information Collection” above).
Information Security
SMS Assist works hard to
protect our users from unauthorized access
to the Application or
unauthorized alteration, disclosure, or destruction of
information we hold. In particular:
•
We regularly
review our information collection, storage, and processing practices, including
physical security measures, to guard against unauthorized access to systems;
and
•
Except as
otherwise set forth in the “Information Sharing” section above, we restrict
access to Personal Information to SMS Assist employees, contractors, and agents
who need to know such information, and who are subject to contractual
confidentiality obligations.
The safety and security of your information also depends
on you. Where we have implemented
security measures to restrict access to certain areas of the Application, you
are responsible for abiding by all such security measures, including keeping
any passwords and access methods strictly confidential.
Unfortunately, the transmission of information via the
internet (especially wireless internet) is not completely secure. Although we
do our best to protect your information, especially all Personal Information,
we cannot guarantee the security of your Personal Information transmitted
through the Application. Any transmission of Personal Information is at your
own risk. We are not responsible for circumvention of any privacy settings or
security measures we provide.
Your Choices
We strive to provide you
with choices regarding the Personal Information you provide to us. This section
describes mechanisms we provide for you to control certain uses and disclosures
of your information.
• Tracking Technologies. You can set your browser to refuse all or some browser
cookies, or to alert you when cookies are being sent. If you disable or refuse
cookies, or block the use of other tracking technologies, some parts of the
Application may then be inaccessible or not function properly.
• Location Information. You can choose whether or not to allow the Application
to collect and use real-time information about your mobile device's location
through the device's privacy and location settings. If you block the use of
location information, some parts of the Application may then be inaccessible or
may not function properly, or you may be prompted to provide other information
regarding your location so that we can properly provide Services.
Accessing
and Updating your Personal Information
We strive to maintain the accuracy of any personally
identifiable information that may be collected from you, and
will use our commercially reasonable efforts to promptly update our database
when you tell us the information in our database is not accurate. It is your
responsibility to ensure that such information is accurate, complete, and up to
date. You may obtain from us, by mail or email, the information in our records
concerning yourself and the information you have provided to us about you. When
updating or requesting your Personal Information, we may ask you to verify your
identity before we can act on your request. If you wish to make any changes to
any personally identifiable information you have provided to us, you may do so
at any time by contacting us at privacy@smsassist.com.
We may reject requests that are unreasonably repetitive,
require disproportionate technical effort (for example, developing a new system
or fundamentally changing an existing practice), risk the privacy of others, or
would be extremely impractical (for instance, requests concerning information
residing on backup tapes).
California Residents
This Section applies only to consumers who reside in the
State of California. SMS Assist will comply with the California Consumer
Privacy Act of 2018 (“CCPA”), to the extent applicable and as it relates
to SMS Assist as a service provider under the CCPA. In the preceding 12 months,
we have not sold any personal information. For more information on what
information we collect, see “Types of Information We Collect” above. For more
information about how your information is used, see “Information Use” above.
California's "Shine the Light" law (Civil Code
Section § 1798.83) permits users of our Site that are California residents to
request certain information regarding our disclosure of personal information to
third parties for their direct marketing purposes. To make such a request,
please send an email to privacy@smsassist.com or write to us at 875 North Michigan Avenue, Suite 2800,
Chicago, Illinois 60611, Attention: General Counsel.
Our Statement Toward Children
The Application is not directed to persons under 13, and
in compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. §§
6501-06 and 16 C.F.R. §§ 312.1-312.12, we do not knowingly collect information
from children under 13. By using the Application, you represent that you are
not under 13 years of age. No one under
13 years of age may use or provide any information to the Application.
Business Transfer
SMS Assist may, in the future, sell or otherwise transfer
some or all of its assets to a third party.
The personally identifiable information and/or technical information we
obtain from you via the Application may be disclosed to any potential or actual
purchasers of such assets and/or may be among those assets transferred.
Changes to this Privacy Statement
This Privacy Statement is effective as of September 4,
2020. We reserve the right, at any time, to modify, alter, or update this
policy. If we make a change to this policy that, in our sole discretion, is
material, we will notify you via update or email to the email address
associated with your account. By
continuing to access or use the Application after those changes become
effective, you agree to be bound by the revised Privacy Statement.
Questions Regarding this Privacy Statement
Questions regarding this Privacy Statement should be
directed to privacy@smsassist.com. SMS Assist may also be contacted directly at the
following address and phone number:
SMS Assist, L.L.C.
875 North Michigan Avenue, Suite 2800
Chicago, IL 60611
Phone: 312.698.7000