- Attentive's Roles and Responsibilities
- Personal Information We Collect
- How We Use Your Personal Information
- Legal Bases for Use of Your Personal Information
- Cookies and Similar Technologies
- Online Analytics and Interest-Based Advertising
- How We Share Your Personal Information
- Protection of Personal Information
- Retention of Personal Information
- Children’s Privacy
- Your Choices and Rights
- Information for California Residents
- Information Nevada Residents
- Information for International Users
- Contact Us
Attentive’s Roles and Responsibilities
If you are an employee, officer, or other agent of the Client, our use of your Personal Information may be governed by Attentive’s agreement with the Client.
Personal 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 (“Client Consumers”) through the Service. In providing the Service to our Clients, we collect and obtain information about Client Consumers to, among other services, deliver commercial text messages to Client Consumers’ mobile phones that can also be used to make payments. In this capacity, Attentive acts as a data processor. We also collect information from Clients, Client Consumers and other individuals when they visit our Website or register to use our Services.
Information You Provide. We collect information you provide when you use the Service or otherwise communicate with us.
If you are an agent, officer, or other employee of a Client or an individual using services controlled or managed by Attentive (“Attentive Consumers”), we will collect the Personal Information you provide when you register for and contract to use the Service.
If you are an Attentive Consumer, we collect various Personal Information that you provide when you use the Service, for example, when you:
- Send messages via the Service, we will collect any information included in those messages;
- Interact with content on one of our websites 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; and
- 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.
Personal Information about Client 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 Client Consumers’ name, email address, and telephone number. Our Clients are responsible for providing notice and obtaining appropriate consents necessary for us to process this Personal Information.
Personal Information We Automatically Collect. Like most online services, we may automatically receive and store certain Personal Information about you through your browser or device. As discussed further below, we and our service providers may use a variety of technologies, including cookies, to assist in collecting 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 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.
- Transaction Information. We also collect information to help us verify transactions completed using our Service. This may include the names and email addresses of parties to a transaction, subject line, history of actions that individuals take on a transaction (e.g., reviewing and approving transactions, providing payment method details) and Personal Information, such as name, email address, IP address, and authentication methods.
Personal 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 Personal Information including your name, e-mail address, and any comments or content you post relevant that is to us. We also collect your Personal Information if you sign up for one of our promotions or submit information to us through social media sites.
Personal Information We Collect from Others. We may also receive Personal Information about you from service providers, advertisers, business 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 Personal Information
We, or our service providers, use your Personal Information for various business and operational purposes:
- Administer your account, including to verify your information and to collect payments;
- 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, detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, resolving crashes, 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 applicable laws, regulations, and other legal processes and procedures;
- Establish, exercise, or defend our legal rights; and
- For any other purpose with your consent.
Legal Bases for Use of Your Personal Information
- Where use of your Personal Information is necessary to perform our obligations under a contract with you (eg., 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 Personal Information is necessary for our legitimate interests or the legitimate interests of others (in each case provided such interests are not overridden by your privacy interests), such as the following: to provide security for our website and applications; operate our business and our Service; make and receive payments; validate payment transactions completed using our Service; to establish and defend our legal rights; or prevent fraud and to know the customer to whom we are providing our Service);
- Where required by legal or regulatory obligations, such as the following: to assist with investigations, complaints, regulatory requests, litigation, arbitration, mediation or requests from individuals or to comply with court orders; or
- Where we have obtained your consent.
Cookies and Similar Technologies
To collect the information in the “Personal 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 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.
- 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: (i) collect usage information like ad impressions or clicks and email open rates; (ii) measure popularity of the Service and associated advertising; and (iii) 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 Explorer; Google Chrome; Mozilla 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 are available through above third party offerings.
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 Personal 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 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 on 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.
If you are interested in more information about interest-based advertising and how you can generally control cookies and 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 Personal Information
We may share, transfer, or disclose your information to the following parties:
- Service Providers. We may share Personal Information with third parties who provide services to us, such as analytics, payments processing, web site management, information technology, security and other similar services. When you make a payment to another user within our Services, we share your payment method details with the third-party payment processor selected by you or the other user.
- Clients with Which You Engage. If you use the Services to engage with a Client, we may share your Personal Information with that particular Client.
- Prospective Purchasers, Assignees and other Parties Involved in Corporate Transactions. We reserve the right to transfer your Personal 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.
- Other Third Parties as Authorized by You. We may also share or disclose your Personal Information when you have authorized us to do so 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 Personal Information
We maintain reasonable physical, technical, administrative, and organizational security measures that are designed to protect your Personal 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. While we strive to protect your Personal 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 Personal Information
We retain your Personal 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 Personal Information as necessary to resolve disputes, protect Attentive and our users, and enforce our agreements. Upon request, we will provide you with more information on the exact retention periods applying to your Personal Information in each case.
Third Party Links and Features
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 Personal Information.
Your Legal Rights. Depending on the laws of your local jurisdiction, you may have certain rights and choices with respect to your Personal Information. For example, under local laws, you may be able to ask us to:
- provide access to and/or a copy of certain Personal Information we hold about you;
- prevent the processing of your Personal Information for direct-marketing purposes (including any direct marketing processing based on profiling);
- update or rectify Personal Information which is out of date or incorrect;
- delete certain Personal Information which we are holding about you;
- oppose, cancel, or restrict the way that we process and disclose certain of your Personal Information;
- transfer your Personal Information to a third-party provider of services; or
- revoke your consent for the processing of your Personal Information.
We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain Personal Information may be exempt from such requests in some circumstances, which may include if we need to keep processing your Personal Information for our legitimate interests, to comply with a legal obligation, or if you are a resident of a country or state that 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. If you consider that we have processed Personal Information in violation of applicable law and failed to remedy such violation to your reasonable satisfaction, you may also lodge a complaint with a competent data protection authority.
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.
Information for California Residents and California Notice at Collection
- 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. Where we are acting as a service provider to a Client, if you wish to exercise any rights that may be available to you, you should direct your request to our Client, who is the party responsible for receiving, assessing, and responding to your requests.
CCPA Categories of California Personal Information We Collect
- Identifiers, including Personal Information as defined in California consumer records law (such as name, address, phone number, email address);
- Commercial information (such as transaction data); and
- Internet or other network or device activity (such as browsing history or IP address, including the city and state based on IP address).
Sources of Personal Information
We collect these categories of Personal Information as described in the Information We Collect section, which include the following sources: from you when you use our Services; through your use of our website and social media pages; our service providers and business partners; and publicly available sources.
How We Use and Disclose These Categories of Personal Information
Sale of Personal Information
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 Personal 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 collected from you. If you choose to exercise this right, please note that we may retain your Personal Information as permitted under applicable law, including but not limited to the following purposes: to provide goods or services within the context of our relationship with you; to detect security incidents or other fraudulent or illegal activity; and to comply with Attentive's legal and regulatory obligations.
If you choose to exercise any of these rights, you will not be discriminated against or receive discriminatory treatment. You also may have the right to receive information about the financial incentives that we offer to you (if any).
When you seek to exercise your rights, we will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum and depending on the sensitivity of the Personal Information you are requesting and the type of request you are making, verifying your name, phone number, email address, and other account information. If we are unable to verify your request, we will notify you and request additional information. If we do not receive this information, we will close your request due to our inability to verify your identity.
You are also permitted to designate an authorized agent to submit certain requests on your behalf. Authorized agents will be required to provide proof of their authority to act on your behalf. If an authorized representative submits a request on your behalf, we will contact you to confirm their representation. If we are unable to verify your identity, or confirm that you have authorized the request, we may not be able to respond to your request in full.
If you would like further information regarding your legal rights under California law or would like to exercise any of them, please contact us by the following methods:
Attentive Mobile Inc.,
Attn: Privacy Dept.
221 River Street, Suite 9047
Hoboken, NJ 07030
When seeking to exercise your rights, please provide your email address, phone number, and any other information that may be relevant to your request. You may be required to additional identifying information as a security precaution to assist us in preventing the unauthorized disclosure of your Personal Information.
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@example.com. 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. By using our Service, you consent to this collection, transfer, storage, and processing of Personal Information in the United States.
In addition, the processing described above may involve overseas storage and other overseas transfer, including in or to countries or territories where the laws may provide a different level of data protection. Without limiting the foregoing, your Personal Information will be disclosed by us to our affiliated entities and vendors which conduct operational, technology and customer service functions in various jurisdictions, including the United States of America, and other countries where we operate. When Personal Information is transferred to such countries or territories not recognized under applicable law as offering an adequate level of data protection, we have put in place appropriate data transfer mechanisms as required under applicable law (such as the EU Standard Contractual Clauses) to ensure Personal Information remains protected. You can obtain a copy of the relevant data transfer mechanism we have put in place to protect personal data by contacting us as described below.
Last Updated: June 9, 2022