Privacy Policy

You can always visit our home page for more insight into the services we provide or our frequently asked questions page and below is the Privacy Policy of RepCard.

REPCARD PRIVACY POLICY

Last modified: January
2022

ABOUT US

RepCard, LLC
(together with its subsidiaries, “RepCard”, “us”, “we”, “our”, or “ours”) is a leading provider of online and mobile device tools for small and medium businesses, nonprofits, and other organizations to connect with their contacts or customers through SMS/MMS and e-mail marketing, social media, and more. We collectively refer to the products and services that are ordered by our Users and/or made available through the RepCard platform (the “Platform”) through the website found at https://www.repcard.com (the “Site”), as well as the mobile application version of the Site (the “App”), as the “Services.”

Personal information and other data submitted by or on behalf of a user of the Services, including contact lists (which may include email addresses and other information for a user’s contacts) and content (including the content of a user’s campaigns) (collectively, “User Data”), belongs to and is controlled by our Users (as defined below). RepCard does not process User Data except as provided in our online user agreements with our users. We are not responsible for the privacy or data security practices of our Users, including with respect to the personal information they collect or upload to our Services.

INFORMATION COVERED BY THIS PRIVACY POLICY

This Privacy Policy provides details about our practices relating to personal information collected from or about users of the Services and others (collectively, our “Users”, “you”, or “your”). It describes how your personal information is collected, used and shared by us in the course of operating the Site, the App, the Platform, and providing our Services.

The User Data that we handle on behalf of our Users is not collected on the Site but, rather, through Users’ independent use of the Platform. For example, our Users may use the Platform to encourage their customers or contacts to sign up for promotions or offers sent by SMS/text message.  E-mails which may be sent from the Platform may include single pixel gifs, also known as web beacons, which contain unique identifiers that enable us and our Users to recognize when their contacts have opened an e-mail or clicked certain links.  These technologies record each customer or contact’s email address, IP address, date, and time associated with each open and click for a SMS/texting or email campaign. We use this data at our Users’ direction to create reports for our Users about how an SMS/text or email campaign performed and what actions their contacts took and to analyze, customize and enhance our Users’ communications and business development.  

THIS PRIVACY POLICY ONLY APPLIES TO OUR USERS’ PERSONAL INFORMATION.  IT DOES NOT APPLY TO ANY OF OUR USERS’ CUSTOMERS’ OR CONTACTS’ PERSONAL INFORMATION INCLUDED IN THE USER DATA.  WHEN WE RECEIVE OUR USERS’ CONTACTS’ PERSONAL INFORMATION FROM OUR USERS, WE ARE ACTING IN THE ROLE OF A PROCESSOR OR SERVICE PROVIDER ONLY, INCLUDING WHEN WE OFFER TO OUR USERS VARIOUS PRODUCTS AND SERVICES THROUGH WHICH OUR USERS (OR THEIR AFFILIATES): (i) SELL OR OFFER THEIR OWN PRODUCTS AND SERVICES; (ii) SEND ELECTRONIC COMMUNICATIONS TO THEIR CONTACTS THROUGH OUR SERVICES; OR (iii) OTHERWISE COLLECT, USE, SHARE OR PROCESS PERSONAL INFORMATION VIA OUR SERVICES.

In addition to this Privacy Policy, the following addenda related to individuals in certain locations also apply to your purchase or use of those Services where applicable. These addenda are a part of this Privacy Policy:

Addendum for Users in California GDPR Addendum (for Users in the European Union (EU), European Economic Area (EEA), the United Kingdom (UK) and Switzerland)

INFORMATION WE COLLECT FROM YOU

In the course of your access or use of the Site or App, or registration for, purchase of, or subscription to, the Services, we obtain the information about you described below. We collect this data for the purposes described under “How We Use Your Information”.

INFORMATION YOU PROVIDE TO US

We collect the following information from you when you provide it to us:

• Information you provide prior to any registration process, such as your contact information when you provide it to us on any web form or to sign up for other service offered by us;
• Information that you provide during any registration process, including in connection with a co-branded offer (such as your name, company name, email address, phone number, billing address or credit card information, geographic location and industry);
• Information you provide, when you call or email us (for support or otherwise) or when you use our products or services;
• Payment information, including credit card data that you provide to us (by way of our Services or otherwise) when you purchase some of our products and services;
• Information you provide to us at trade shows, meetings, or other events;
• Information you provide to us at seminars or webinars; and
• Information you provide to us in surveys.

By interacting with our Services, you acknowledge and consent to our obtaining and posting your testimonials or reviews for inclusion on our Site, in our social media, or elsewhere across the Platform. Your posts may remain even after you suspend or cancel your account. Reviews and contributions to any of our public communities are considered public and non-confidential by us and are not treated as proprietary information or personal information covered by this Privacy Policy. To request removal of your personal information on our public forums or on the public portions of our websites, please contact us. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. We also collect information that you may provide during your telephone conversations with us, which we may monitor or record.

INFORMATION WE COLLECT ABOUT YOUR USAGE AND DEVICES

We collect data relating to your online activity through the Site, the App, and Services, including the following:

• IP address;
• Browser type and version;
• Type of device you use, operating system version, and device identifier;
• Geographic location;
• Pages you view;
• How you got to our Services and any links you click on to leave our Services; When you update your information, communicate with us, or order new Services;
• Metadata about your use of our Services and emails we send to you (including clicks and opens);
• Metadata about how your customers, contacts, and users interact with the Services we provide you;
• Your interactions with any videos we offer;
• Issues you encounter requiring our support or assistance; and
• Any device or other method of communication you use to interact with the Services.

INFORMATION WE ACQUIRE FROM SOCIAL MEDIA

We may collect information from third party social networking sites, including information that they provide to us if you use your credentials at such social networking sites to register for or log into our Services (such as your name and email address to pre-populate our sign-up form).

The information you allow us to access varies by social networking site, and depends on the level of privacy settings you have in place at the social networking site. You can control and find out more about these privacy settings at the applicable social networking site.

INFORMATION WE ACQUIRE FROM OTHER SOURCES

We also collect the following information from other sources:

• Information you provide to our partners or affiliates;
• Information that is publicly available; and
• Information you consent to us receiving from third parties.

We also collect information that you may provide during your telephone conversations with us, which we may monitor or record.

We may combine any information we collect about you with other information we have about you to help us update, expand, and analyze our records, identify new Users, and suggest products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

HOW WE USE YOUR INFORMATION

We use the information we collect, both on its own and combined with any other information we collect about you as discussed above, for the following business and commercial purposes:

• To provide the requested Services to you;
• To provide you with useful content;
• To ensure the proper functioning of our Services and the Platform;
• To offer, operate, evaluate and improve our Services, the Platform, and our business;
• To provide you with requested information or technical support;
• To facilitate your movement through the Site, App, or other use of our Services;
• To do a better job of advertising and marketing our Services (subject to your consent where required by applicable law);
• To advertise and market third party products and services (subject to your consent where required by applicable law);
• To diagnose problems with our servers or our Services;
• In connection with our security and compliance programs;
• To administer the Site and App;
• To communicate with you;
• To target current or prospective Users with our products or Services through online advertisements served on third-party sites by third-party vendors, such as Google (subject to your consent where required by applicable law);
• To assist us in offering you a personalized experience or otherwise tailor our Services to you (for example, in order to provide you with specific resources applicable to your industry); and
• As otherwise described in this Privacy Policy.

We also use the information we receive to produce reports on trends and statistics, such as mobile search trends, email and SMS/text response rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our Site or evaluated or purchased our products or Services.

Payment information that you provide to us, including credit card data, will only be used to facilitate payment for the Services.

We also use recorded telephone conversations for quality control purposes, to train our employees and for our records.

SHARING OF INFORMATION

As further described below, we will only share certain personal information with:

• Other members of the RepCard corporate family;
• Our partners;
• Third-party service providers and vendors;
• In connection with a sale, merger, acquisition or corporate reorganization;
• Authorized users within your organization; and
• Legal or regulatory authorities and other relevant third parties for legal reasons.

SHARING WITHIN THE CONSTANT CONTACT CORPORATE FAMILY

We occasionally share business contact or other information about our Users with other members of the RepCard corporate family to improve our products and services and so that we may better provide you with information about our offers, services or products that may be of interest to you. The RepCard corporate family includes affiliates that directly or indirectly control, are controlled by, or are under common control with RepCard, LLC. Any such corporate affiliate may use your information only according to the terms of this Privacy Policy. If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent.

SHARING WITH PARTNERS

The information we share with our partners includes your name, email address, telephone number, and other information enabling our partners to assist you in using our Services.

Our partners may use cookies, web beacons, pixels, tags and other similar technologies (“Tracking Technologies”) in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising or to opt out of interest-based advertising on your mobile device(s), please email support@repcard.com. Please note you will continue to receive generic ads. If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent. Please note that if you access our Services through a tool that hides your location, such as through a virtual private network, you may not receive our request for permission because we were not able to identify you as being located in a jurisdiction where your permission is required.

Further, our partners are prohibited from using your contact information for any purpose beyond those set forth above without your consent. We will not provide our partners with your credit card information.

In the event we collect information from you in connection with an offer that is jointly presented by us and a partner, we will let you know who is collecting the information and whose Privacy Policy applies, as well as any options you may have regarding use of your information.

SHARING WITH SERVICE PROVIDERS AND VENDORS

Occasionally, we enter into contracts with carefully selected service providers to assist us in servicing you or to assist us in our own marketing and advertising activities. The categories of service providers we share your personal information with include:

• Cloud hosting services;
• Analytics services;
• Marketing and advertising services;
• Advertising networks;
• User relationship management services;
• User support services;
• Software services;
• E-commerce services;
• Professional services;
• Fraud detection and deterrence services;
• Storage services;
• Search engine optimization services; and
• Information technology services.

SHARING WITH YOUR ORGANIZATION

If you created an account with an e-mail address or mobile number assigned to you as an employee, contractor, or member of an organization, we may provide that organization with certain limited information about your account, including your email address or the organization name you provided us with, upon the organization’s request.

CORPORATE REORGANIZATIONS

We will disclose and transfer your information to third parties in the event that we:

• sell, buy, transfer, merge, consolidate or reorganize any part(s) of our business, or merge with, acquire, or are acquired by, or form a joint venture or partnership with, any other business, in which case we may disclose your data to any prospective buyer, new owner, or other third party involved with such change to our business; or
• sell, buy or transfer any business or assets (whether as a result of liquidation, bankruptcy or otherwise), in which case we will disclose your data to the prospective seller or buyer of such business or assets.

We will notify you by email and/or a prominent notice on our website of any such transfer and any choices you may have regarding your information.

AUTHORIZED USERS

All users authorized by you to have access to your account can view personal information stored in the User account. A primary account holder can view personal information saved in subaccounts to which they have authorized access. We share information about authorized users only for legitimate purposes consistent with this Privacy Policy, including servicing your account and marketing products and Services to you.

LEGAL PROCESS

If legally required to do so, or if we have a good faith belief that such disclosure is reasonably necessary, we may disclose your personal information to courts of law, public authorities (including to meet national security or law enforcement requirements), and other relevant third parties, such as internet service providers, to conduct an investigation, respond to a third party or law enforcement subpoena or court order, to bring legal action, prevent harm to others or pursue other relief when you or a third party are or may be:

• Violating our terms and conditions of use;
• Causing injury or other harm to, or otherwise violating the property or other legal rights, of us, other users, or third parties; or
• Violating federal, state, local, or other applicable law.

SECURITY

The transmission of information via the Internet, email or text message is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through the Services, SMS/text, or over email; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organizational measures to safeguard your personal information against loss, theft and unauthorized use, access or modification.

When we collect financial account information, such as credit card numbers handles by our third-party payment processor (e.g Stripe), we protect its transmission through the use of encryption such as the Transport Layer Security (TLS) protocol

TRACKING TECHNOLOGIES

We use cookies, web beacons, pixels, tags, scripts and other similar technologies (“Tracking Technologies”) in the course of our business.

CHOICE/OPT-OUT MARKETING COMMUNICATIONS FROM US

E-MAIL

You always have the opportunity to opt out of our marketing communications with you or change your preferences by following a link in the footer of all non-transactional email messages from us or by emailing us at support@repcard.com. Some communications from us are considered transactional or service communications (for example, important account notifications and billing information). You agree to receive these transactional and service communications as a condition of the Services that we provide to you. You must cancel your accounts for all Services if you do not wish to receive any transactional or service communications from us. To cancel your account, please contact customer support. You may still receive marketing communications from us even after you cancel your account unless you also opt-out of our marketing communications, as described above.

PHONE/SMS/TEXT

If you do not want to receive marketing calls by phone or SMS/text, you may contact customer support and indicate your preference to us, or opt-out by following the applicable instructions contained in the SMS/text (e.g., replying “STOP”). Note that we may use automated telephone dialing technology (sometimes referred to as “ATDS”) to place marketing calls and SMS/text messages.  In the event we do use such technology for marketing calls or text messages, we will do so with your prior consent as required to comply with applicable law.  You understand that you do not need to agree to receive automated marketing phone calls or text messages from us in order to register for or use the Services.

INFORMATION FROM THIRD PARTIES

To manage the information we receive about you from a social networking site or other third party (for example, if you link your RepCard and Facebook accounts), you will need to follow the instructions from that party for updating your information and changing your privacy settings, where available. The information we collect is covered by this Privacy Policy and the information the third party collects is subject to such third party’s privacy practices. Privacy choices you have made on any third party site will not apply to our use of the information we have collected directly through our Services.

UNAUTHORIZED ACCOUNTS

If an account or profile was created without your knowledge or authorization, please contact customer support at once to request removal of the account or profile.

RETENTION OF PERSONAL INFORMATION

We retain your personal information to provide Services to you and as otherwise necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain your personal information for no more than seven (7) years following the later of (i) the date on which you terminate your use of the Services or (ii) May 25, 2018, unless we are otherwise required by law or regulation to retain your personal information for longer.

YOUR RIGHT TO CONTROL HOW YOUR PERSONAL INFORMATION IS USED

You have the right to make requests regarding your personal information. You can:

• Ask us to update or correct personal information if it is inaccurate; Request that we transfer some or all of your personal information to you or a third party (whenever it is technically feasible to do so);
• Make choices about receiving marketing communications; and
• Withdraw your consent to process your personal information at any time in circumstances where we are relying on your consent as our basis for processing.

To exercise any of your rights, please send an email to support@repcard.com.

In addition to the rights above, residents of California,  the EU, EEA and the UK have further rights which are detailed below. Please note that some rights only apply in certain circumstances or to certain information and some exceptions may apply.

We may require you to verify your identity before responding to any requests to exercise your rights.

RESIDENTS OF CALIFORNIA

In addition to the rights outlined above, where the CCPA or related data protection laws apply, you may:

• Request to know the categories of personal information we collect about you, as well as the sources from which the personal information is collected; the business or commercial purpose of our collection; the categories of third parties with whom we share your personal information; and the specific pieces of personal information we hold about you.
• Request certain information regarding, and/or opt-out of, our disclosure of your personal information to third parties.
• Request that we delete the personal information we hold about you in certain limited circumstances.

For specific information about your California privacy rights, please review  the following section:

ADDENDUM FOR CALIFORNIA USERS

The following Addendum for California Users (the “CA Notice”) supplements the information contained in the RepCard’s (“RepCard”, “We”, “Us”, “Our”, or “Ours”) Privacy Policy (the “Privacy Policy”) and applies solely to residents of California  (each, a “Consumer”, “You”, “Your”, or “Yours”).  Unless otherwise defined in this Privacy Policy, capitalized terms have the same meaning here as in the Privacy Policy.  THIS CA NOTICE DOES NOT APPLY WHEN WE ARE ACTING AS A SERVICE PROVIDER AND PROCESSING PERSONAL INFORMATION ON BEHALF OF OUR USERS.

Information We Collect as a Business Under the CCPA

We collect personal information, meaning information that identifies, relates to, references, describes, or is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or device. For the purposes of this CA Notice, personal information does not include:

• Publicly available information from government records.
• De-identified, aggregated or anonymized information that is maintained in a form that is not capable of being associated with, or linked to, a consumer.

We collect personal information from and about consumers for a variety of business purposes. To learn more about the types of personal information we collect, the sources from which we collect or receive personal information, and the purposes for which we use this information, please refer to the “Information We Collect From You” and “How We Use Your Information” sections in our Privacy Policy.

In the last 12 months, we have collected the following categories of personal information from the sources and for the purposes stated below.

Category of Personal Information Collected

Examples

Identifiers

Name, address, phone number, email address, or other similar identifiers.

Commercial Information

Products or services purchased and information relating to your use of our Services.

Internet/Network Information

IP address, browser, or device information.

Other Personal Information

Information you provide to us when you register for or attend an event organized or hosted by us, information you permit us to see when interacting with us through social media, or comments and opinions you provide to us such as when you post on message boards, blogs or complete an online form.

Inferences

Information generated from your use of the RepCard Site or App reflecting predictions about your interests and preferences.

We obtain the categories of personal information listed above from the following sources:

• Directly from you;
• From our business partners and affiliates;
• From third parties whom you direct to share information with us; and
• From your online browsing and usage activity.

Purposes for
Collecting Personal Information

We may collect, use or disclose personal information about you for one or more of the following business and/or commercial purposes:

• To provide the requested services to you;
• To provide you with useful content;
• To ensure the proper functioning of our Services;
• To offer and improve our Services;
• To provide you with requested information or technical support;
• To facilitate your movement through our Site, our App, or your use of our Services;
• To do a better job of advertising and marketing our Services (subject to your consent where required by applicable law);
• To advertise and market third party products and services (subject to your consent where required by applicable law);
• To diagnose problems with our servers, the Platform, or our Services;
• In connection with our security and compliance programs;
• To administer our Site or App;
• To communicate with you;
• To target current or prospective customers with our products or services through online advertisements served on third-party sites by third-party vendors, such as Google (subject to your consent where required by applicable law); and
• To assist us in offering you a personalized experience or otherwise tailor our Services to you.

Disclosure of Personal Information

In the previous 12 months, we have disclosed the categories of personal information we collect to the following third parties for the business purpose set out in the table below.

Category of
Personal Information Collected

Third party disclosures

Identifiers

Service providers and vendors, partners, authorized users within your organization and other members of our corporate family.

Commercial
Information

Service providers and vendors, partners, authorized users within your organization and other members of our corporate family.

Internet/Network
Information

Partners and other members of our corporate family.

Other Personal
Information

Third party service providers and vendors, partners.

Inferences

Third party service providers and vendors, partners and other members of our corporate family.

Sale of Personal Information

When you interact with our websites, we may use, or authorize third-party partners and service providers to use, cookies, web beacons and similar technologies to improve your experience with us. These technologies can collect personal information about you that can be used by us and/or our authorized third-party partners and service providers. Our sharing of your personal information in this way may
constitute a “sale” under the CCPA.

Pursuant to the CCPA,
in the preceding 12 months, we have not sold any categories of personal information for the purpose of showing you ads about RepCard’s services:

If you’d like to opt out of the sale of your personal information, please contact us at support@repcard.com Except as provided above, we do not sell personal information to third parties.

Your California Privacy Rights

As a California resident, you may be able to exercise the following rights with respect to your personal information that we have collected, subject to certain exceptions:

The Right to
Know

You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon our verification of your identity:

• The specific pieces of personal information we have collected about you;
• The categories of personal information we have collected about you;
• The categories of sources of your personal information;
• The categories of personal information that we have disclosed to third parties for a business
  purpose, and the categories of recipients to whom this information was disclosed;
• The categories of personal information we have sold about you (if any), and the categories of third parties to whom the information was sold; and
• The business or commercial purposes for collecting or, if applicable, selling the personal information.

The Right to Request Deletion

You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.

The Right to Opt Out of the Sale of your Personal Information

You have the right to direct us not to sell personal information we have collected about you to third parties now or in the future.

The Right to  

Non-Discrimination

You have the right not to receive discriminatory treatment for exercising these rights.

“Shine the Light”

California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to a third party for the thirdparty’s direct marketing purposes.

How to Exercise Your California Consumer Rights

To exercise your California Consumer Rights, please submit a request to us by:

• Sending an email to support@repcard.com; or
• Calling (602) 777-4030

If you’d like to opt-out of the sale of personal information, please send an email to support@repcard.com with the subject line: Do Not Sell My Info

We will need to verify your identity before processing your request. In order to verify your identity, we will generally require the matching of sufficient information you provide us to the information we maintain about you in our systems. If you are using an authorized agent, please note that you will be required to verify your identity and provide written confirmation that you have authorized the agent to make a request on your behalf. For requests to access or delete, we may require you to verify your identity directly with us, and directly confirm with us that you provided the authorized agent permission to submit the request.

If you’d prefer a hard copy of this CA Notice or to access it in a .PDF format, this site permits you to print it to .PDF or to a printer.

Google API Services User Data Policy

Repcard app complies with the Google API Services User Data Policy, including Limited Use requirements. Repcard’s use and transfer of information received from Google APIs adhere to these policies.

RepCard as a Service Provider

RepCard acts as a service provider to its Users. When acting in this capacity, we process personal information on behalf of our Users, and we have no direct relationship with the end-customers who use our Users’ services or products, or visit our Users’ websites.

If you are an end-customer of one of our Users whose personal information we process, and you are seeking to exercise your rights under the CCPA, you should contact our User providing the service or product to you directly.

End of Addendum for California Users

RESIDENTS OF THE
EU, EEA, UK and Switzerland

In addition to the
rights outlined above, where the GDPR or related data protection laws apply,
you may:

• Ask whether we process personal information about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with.
• Request that we delete the personal information we hold about you in certain limited circumstances.
• Request that we stop processing the personal information we hold about you.
• Request that your personal data be provided to you or another organization in a structured, commonly used and machine-readable format, in certain limited circumstances. Object to our processing of data about you, including in relation to processing your personal data for marketing purposes.

THIRD PARTY LINKS AND INFORMATION COLLECTION AND USE BY OUR USERS

Some of our
Services provide links to other websites. Because we do not control the information policies or practices of these third party sites, you should review their privacy policies to learn about how they collect and use personal information.

MINORS

Neither the Site, App, nor any of our other Services are directed to persons under 18. We do not knowingly collect personal information from minors under the age of 18. If you are a parent or guardian of such a child and become aware that your child has provided personal information to us, please contact us at once as described in this Privacy Policy, and we will take all commercially reasonable steps to remove any such information as soon as practicable.

NOTIFICATION OF CHANGES

We reserve the right to modify this Privacy Policy at any time, so please visit this page to review it frequently. If we decide to change this Privacy Policy in any material way, we may notify you here, by e-mail, or by means of a notice on the Site.  In all cases, your continued access or use of any of the Services constitutes your acceptance to any such changes and Privacy Policy version in effect at the time of such access or use.

CONTACT US AND COMPLAINTS

If you have any questions about this Privacy Policy or our data handling practices, or you wish to make a complaint, you can visit our home page for more details about our business or you may contact us by e-mail or regular mail at:

RepCard, LLC

3820 East Main St.

Suite 2

Mesa, Arizona
85205

E-mail:
support@repcard.com