Effective Date: August 4, 2022
- Customer-owned Data: data relating to identifiable individuals (“personal data”), which we collect, process and manage on our customers’ behalf, as part of the Supercharged SMS eCommerce marketing platform (“Platform”). Such data (“Customer Data”) relates to individuals who register as end-users, place purchases on, or otherwise interact with our customers’ online stores, and to their interactions with our Services;
- Supercharged SMS User Data: contact, contractual and billing details concerning our customers, which may also contain the details of their internal focal persons who directly engage with Supercharged SMS concerning their organizational account, and users of the Platform on behalf of such customers, e.g., the account administrators and users, billing contacts and authorized signatories on behalf of the customer; as well as the customer’s needs and preferences, as identified to us or recognized through our engagement with them (“Users” and “User Data” respectively);
- Supercharged SMS Website, CRM & Prospect Data: data relating to our customers, visitors of our website (https://www.superchargedsms.com/), participants at our events, and any other prospective customer or partner who visits or otherwise interacts with any of our websites, online ads and content, emails or communications under our control (“Sites” and collectively with the Platform, the “Services”).
- Data Collection & Processing
- Data Uses
- Data Location
- Data Retention
- Data Sharing
- Cookies and Tracking Technologies
- Data Security
- Data Subject Rights
- Data Controller/Processor
- Additional Notice & Contact Details
You are not legally required to provide us with any personal data, and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (defined below), please avoid any interaction with us including visiting our Sites or using our Services. If you are a user of the Services on behalf of any of our customers, we suggest that you contact your account administrator with any questions.
- Data Collection & Processing
(i) Customer Data: Our Services provide our customers with a wide verity of tools and features to better manage and optimize their end-users’ experience and interaction with the customer’s online assets.
Certain privacy and data protection laws require that prior to processing personal data, a legal basis for such processing is established. Accordingly, whilst Supercharged SMS supports these laws by providing our customers with features and options for how they use our Services – our customer is solely responsible for determining whether and how they wish to use our Services and such features, and to ensure that the appropriate legal basis for the processing of Customer Data have been established, by the customer, prior to having such data be through the Services.
Supercharged SMS processes Customer Data, and the personal data contained in it, strictly on our customer’s behalf, in accordance with their reasonable instructions and as further stipulated in other commercial agreements with such customer.
Accordingly, to the extent applicable by law, our customer will be deemed the ‘data controller’ (e.g. under the EU GDPR, UK GDPR and similar laws) or “business” (under the CCPA or similar laws) of Customer Data; and Supercharged SMS will be deemed the “data processor” or “service provider” when processing such data.
(ii) Supercharged SMS User Data: User Data we collect and generate includes some or all of the following types of personal data:
- user account information – (e-mail address and, when applicable, hashed password);
- profile and contact information – (name, title, team, company, e-mail and phone number, and additional information submitted by a customer or User);
- Platform usage information – (connectivity, technical and aggregated usage data, such as user agent, IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, and the cookies installed or utilized on their device); and
- direct interactions and communications with us – (including recordings and transcripts of your calls and emails with us, e.g. for user enablement, support and training purposes).
Whilst Supercharged SMS may process some User Data on its customers’ behalf, we also use it for our own purposes, as described in Section 2 below. Accordingly, to the extent applicable – our customer will be deemed the “data controller” or “business” with respect to such data which is processed strictly on their behalf; whilst Supercharged SMS will also be deemed an independent and separate “data controller” or “business” with respect to such data. With respect to those portions or copies of User Data that we process on behalf of our customer – we will also be deemed a “data processor” or “service provider.”
(iii) Supercharged SMS Website, CRM & Prospect Data: We collect and generate the following types of personal data concerning our website visitors, customers and prospects:
- Website usage information – (connectivity, technical and aggregated usage data, such as user agent, IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, and the cookies and pixels installed or utilized on their device;
- Information concerning our customers and prospects – (contact and business details, our communications with such customers and prospects, as well as any needs, preferences, attributes and insights relevant to our potential engagement);
- direct interactions and communications with us – (including recordings and transcripts of your calls, emails, form submissions and chats with us, e.g. for customer support, feedback, training purposes, etc.)
We collect such data either automatically, through the data subject’s interaction with us or with our Sites or Services; or through third party services, social media, analytics tools, events we organize or participate in, and other business initiatives.
- Data Uses
Supercharged SMS processes Customer Data, and the personal data contained in it, strictly on our customer’s behalf, in accordance with their reasonable instructions and as further stipulated in our Data Processing Agreement and other commercial agreements with such customer.
We use Supercharged SMS User Data and Supercharged SMS Website, CRM & Prospect Data as necessary for the performance of our Services; to comply with our legal and contractual obligations; and to support our legitimate interests in providing, maintaining and improving our Services, e.g. in understanding how our Services are used and how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising and selling our Services; providing customer service and technical support; and protecting and securing our customers, users, visitors, prospects, ourselves and our Services.
Specifically, we use Supercharged SMS User Data and Supercharged SMS Website, CRM & Prospect Data for the following purposes:
- To facilitate, operate, and provide our Services;
- To authenticate the identity of Users and to allow them to access and use our Services;
- To train and provide service-related insights to relevant members of our staff;
- To provide our customers and Users with assistance and support;
- To gain a better understanding on how individuals use and interact with our Sites and Services, and how we could improve their and others’ user experience, and continue improving our products, offerings and the overall performance of our Services;
- To facilitate and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements for our products and services more effectively, including on other websites and applications. Such activities allow us to highlight the benefits of using our Services, and thereby increase your engagement and overall satisfaction with our Services. This includes contextual, behavioral and interests-based advertising based on your activity, preferences or other data available to us or to our business partners;
- To contact our customers, Users and prospects with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them (as further described in Section 7 below);
- To facilitate, sponsor and offer certain events, contests and promotions;
- To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
- To create aggregated statistical data, inferred non-personal data, or anonymized or pseudonymized data (rendered non-personal and non-identifiable), which we or our business partners may use to provide and improve our respective services, or for any other purpose; and
- To comply with applicable laws and regulations.
We do not sell your personal information for the intents and purposes of the California Consumer Privacy Act (CCPA).
- Data Location
We and our authorized Service Providers (defined below) maintain, store and process personal data in the United States of America and other locations, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law; provided that Customer Data may only be processed in such locations as permitted in our Data Processing Agreement and other commercial agreements with such customer.
- Data Retention
We retain Customer Data strictly on our customer’s behalf, in accordance with their reasonable instructions and as further stipulated in our Data Processing Agreement and other commercial agreements with such customer.
We retain Supercharged SMS User Data and Supercharged SMS Website, CRM & Prospect Data for as long as it is reasonably necessary in order to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy.
Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by e-mail at firstname.lastname@example.org.
- Data Sharing
Legal Compliance: In exceptional circumstances, and except as stipulated otherwise in our Data Processing Addendum and other commercial agreements with you, we may disclose or allow government and law enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services.
Service Providers: We may engage selected third party companies and individuals to perform services complementary to our own. Such service providers include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, fraud detection and prevention services, web and mobile analytics, data enrichment, e-mail and/or SMS distribution and monitoring services, call, session or activity recording and analysis services, remote access services, performance measurement, data optimization and marketing services, social and advertising networks, content providers, e-mail, voicemails, support and customer relation management systems, and our legal, financial and compliance advisors (collectively, “Service Providers”).
These Service Providers may have access to your personal data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such limited purposes as determined in our agreements with them.
Customers and other Users: Customer Data is typically shared and is available to the Users belonging to such customer’s account. Supercharged SMS User Data is shared with the administrator of the customer’s account to which such User belongs (including data and communications concerning such user’s account). In such cases, sharing such data means that the administrator(s) or other users of the same account may access it on behalf of the customer, and will be able to monitor, process and analyze the personal data contained therein. This includes instances where you may contact us for help in resolving an issue specific to a team of which you are a member (and which is managed by the same customer).
Please note that Supercharged SMS is not responsible for and does not control any further disclosure, use or monitoring by or on behalf of the customer, that itself acts as the ‘data controller’ of such data (as further described in Section 10 below).
Protecting Rights and Safety: We may share personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of Supercharged SMS, any of our users or customers, or any members of the general public.
For the avoidance of doubt, Supercharged SMS may share Supercharged SMS User Data, Website, CRM & Prospect Data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous.
- Cookies and Tracking Technologies
We engage in service and promotional communications, through e-mail, phone, SMS and notifications.
Service Communications: We may contact you with information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, log-in attempts or password reset notices, etc. Our customers, and other Users on the same customer account, may also send you notifications, messages and other updates regarding their or your use of the Services.
Promotional Communications: We may also notify you about new features, additional offerings, events, special opportunities or any other information of a promotional nature we think you will find valuable, as our customer, User or prospect. We may provide such notices through any of the contact means available to us (e.g. phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
You can typically control your communications and notifications settings from your Supercharged SMS User profile settings, or otherwise in accordance with the instructions included in the communications sent to you. Please note that you will not be able to opt-out of receiving certain service communications which are integral to your use (like password resets or billing notices).If you do not wish to receive promotional communications, you may notify us at any time by sending an e-mail to: email@example.com, changing your communications preferences in your User profile settings, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.
- Data Security
We and our hosting services implement systems, applications and procedures to secure your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. These measures provide sound industry standard security. However, although we make efforts to protect your privacy, we cannot guarantee that our Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
- Data Subject Rights
Individuals have rights concerning their personal data. If you wish to exercise your privacy rights under applicable law, including the GDPR, UK GPDR or the CCPA, such as the right to request access to, and rectification or erasure of your personal data held with Supercharged SMS, or to restrict or object to such data’s processing, or to port such personal data, or the right to equal services and prices (each to the extent available to you under the laws which apply to you) – please contact us by e-mail at: firstname.lastname@example.org
Please note that when you ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal data related to others and to ask you to provide further information to better understand the nature and scope of data that you request to access. Such additional data will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request), in accordance with Section 4 above.
We may redact from the data which we will make available to you, any personal data related to others.
If you would like to make any requests or queries regarding personal data that we process on our customer’s behalf, please contact the customer or the administrator of such customer’s account directly, as they would be the “data controller” of such data (see Section 10 below). Note that if you do contact us in this regard, we may share your communications with the relevant customer and its account users; and that we may also share the contact details of the account administrator with individuals who sent us such a request or query relating to this account.
- Data Controller/Processor
Certain data protection laws and regulations, such as the EU GDPR, UK GDPR or the CCPA, typically distinguish between two main roles for parties processing personal data: the “data controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA, “service provider”), who processes the data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Supercharged SMS is the “data processor” of Customer Data, which we process on behalf of our customer (who is the “data controller” of such data; and our Service Providers who process such Customer Data on our behalf are the “sub-processors” of such data.
Supercharged SMS is both a “data controller” and “data processor” of Supercharged SMS User Data. Such data is processed by Supercharged SMS for its own purposes (as described in Section 2 above), as an independent ‘controller’; whilst those certain portions of it which are included in Customer Data will be processed by us on our customer’s behalf, as a ‘processor’.
Accordingly, Supercharged SMS processes Customer Data strictly in accordance with such customer’s reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with such customer. The customer, as controller of such data, will be responsible for meeting any legal requirements applicable to data controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).
For the avoidance of doubt, each customer is solely responsible for establishing a legal basis for proceeding and providing adequate notice to their account users and customers whose data may be contained in Customer Data – including sufficient reference to the processing of their personal data via the Services, and any other information necessary to comply with all applicable privacy and data protection laws; and to obtain all approvals and consents from such individuals as required under such laws.
- Additional Notices
Our Services are not designed to attract children under the age of 16: We do not knowingly collect personal data from children and do not wish to do so. If we learn that a person under the age of 16 is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail at email@example.com.