SUMMARY

Thank you for visiting the TEXTiUM™ website located at www.textium.com (the “Site”). The Site is an Internet property of TEXTiUM LLC (“TEXTiUM™,” “we,” “our” or “us”). The following TEXTiUM™ Website Privacy Policy (“Privacy Policy”) sets forth our policy with respect to the collection, storage and use of your Personal Data. For purposes of this Privacy Policy, “Personal Data” means any information concerning the personal or material circumstances of an identified or identifiable individual. This includes information such as your name, your address, your phone number and your email address.

DATA CONTROLLER

Please note, TEXTiUM LLC is considered the “Data Controller” in connection with the Personal Data collected pursuant to this Privacy Policy for purposes of applicable data protection laws, including the General Data Protection Regulation (“GDPR”).

LEGAL BASIS

We collect Personal Data that you provide to us, e.g. during the registration, to fulfill your request to receive additional information or for the purpose of handling the contractual relationship that you have with TEXTiUM™. We also collect personal information from you passively. We use tracking tools, like browser cookies and web beacons, to provide and support our Site.

We only use and store your Personal Data if we have a legal basis for doing so, including where you have given us your express consent, where we have a legitimate business interest or pursuant to the contractual relationship between you and TEXTiUM™.

INDIVIDUAL RIGHTS: DELETING, MODIFYING AND UPDATING YOUR PERSONAL DATA

At your request, we will: (a) inform you of what Personal Data we have on file for you, in a machine readable format; (b) amend the Personal Data that we have on file for you; and/or (c) completely remove Personal Data that you have provided to us, or that we have collected, from: (i) our servers/databases; and (ii) the servers/databases of any third-party that we have provided your Personal Data to. You may do so by e-mailing us at: info@textium.com. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests.

Please be advised that deleting your Personal Data may terminate your access to certain of the Site Offerings (as defined below). If you wish to continue using the full complement of Site Offerings, you may not be able to delete all of the Personal Data that we have on file for you.

BACKGROUND

Without limiting the foregoing, this Privacy Policy covers our treatment of Personal Data and other information that we collect when an end-user visitor to the Site (“User,” “you” or “your”): (a) accesses or uses the Site; (b) accesses and/or views any of the text, blog posts, video, links and/or other information pertaining to TEXTiUM™, its proprietary technology and its advertising and marketing-related products and/or services made available on the Site (collectively, the “Content”); (c) logs-in to the partner portals featured on the Site (“Partner Portal”) that can be utilized by existing TEXTiUM™ publishers and advertisers (collectively, “TEXTiUM™ Partners”); (d) accesses links to TEXTiUM’s™ social media pages/accounts (collectively, “Social Media Pages”) featured on third-party social media websites, such as Facebook®, Google+® and Twitter® (collectively, “Social Media Websites”); and/or (e) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, TEXTiUM™ (collectively, the “Contact Services,” and together with the Site, Content, Partner Portal and Social Media Pages, the “Site Offerings”).

Capitalized terms not defined herein shall have the meanings set forth in the TEXTiUM™ Website Terms and Conditions (“Terms and Conditions”). In order to register as a TEXTiUM™ Partner, you must enter into a separate agreement with TEXTiUM™ (“TEXTiUM™ Partner Agreement”).

IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OFFERINGS.

Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Google+® is a registered trademark of Google, Inc. (“Google”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that TEXTiUM™ is not in any way affiliated with Facebook, Google or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.

YOUR CALIFORNIA PRIVACY RIGHTS

TEXTiUM™ will never share, sell, rent, exchange or barter your Personal Data to or with any third-party for financial gain or marketing purposes. Nevertheless, we may, in certain limited instances, share your Personal Data with third parties who perform administrative functions on our behalf. If you are a resident of the State of California and would like to learn how your “Personal Data” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of Personal Data/personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: info@textium.com; call us at: 1-833-TEXTIUM; or send us mail to: 1520 South 5th Street, Suite 308A, St. Charles, MO 63303.

PERSONAL DATA COLLECTED

Where a User attempts to utilize the Contact Services, that User may be required to submit, and TEXTiUM™ may collect, some or all of the following information: (a) the User’s e-mail address; and (b) any other information collected via the Contact Services form. In addition, Users attempting to utilize the Partner Portal may be required to submit their Username and Password.

USE OF PERSONAL DATA

TEXTiUM™ will never share, sell, rent, exchange or barter your Personal Data to or with any third party for financial gain or marketing purposes. By making that Personal Data available to TEXTiUM™, you grant TEXTiUM™ the right, subject to applicable law, to use that Personal Data to contact you by email regarding your request for Contact Services and other use(s) of the Site Offerings. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such e-mail message or see the “Opt-Out/Unsubscribe” section below.

We will also use your Personal Data for customer service, to provide you with information that you may request, to customize your experience with the Site Offerings and/or to contact you when necessary in connection with your use of the Site Offerings. We may also use your Personal Data for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Site Offerings.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include the Third-Party Service Providers that operate the Third-Party Portals. The entities performing these limited functions on our behalf shall have access to our Users’ Personal Data solely as needed to perform these functions for us, but we do not permit them to use User Personal Data for other purposes.

At times, we may want to contact you via telephone regarding your use of the Site Offerings. To enable us to contact you by telephone regarding your use of the Site Offerings, you agree that by submitting your Personal Data by and through the Site Offerings, and where you provide your consent as required under the GDPR, such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

At times, we may want to contact you via your mobile device regarding your use of the Site Offerings. To enable us to contact your mobile device, you agree that, where you provide your consent as required under the GDPR and where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Site Offerings, and your consent simply allows TEXTiUM™ to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify TEXTiUM™ of the Phone Number Change via e-mail at: info@textium.com, or by using one of the methods set forth in the “Contact Us” section below.

We reserve the right to release current or past Personal Data: (i) in the event that we believe that the Site Offerings are being or have been used in material violation of the Terms and Conditions or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Data pursuant to a subpoena; (iii) to comply with a legal obligation, including sharing your name/e-mail address with third-parties to assist you with your opt out requests in compliance with applicable law, including the GDPR and the CAN-SPAM Act of 2003, as amended from time-to-time; (iv) to protect and defend the rights or property of the TEXTiUM™ and/or its other Users; (v) to act in urgent circumstances to protect the personal safety of Users or the public; or (vi) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if TEXTiUM™ is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your Personal Data, as well as any choices that you may have regarding your Personal Data.

NON-PERSONAL DATA COLLECTION AND USE

IP Addresses/Browser Type
We may collect certain non-personally identifiable information about your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site Offerings.

Cookies When a User visits the Site, and that User agrees to the terms of our cookie policy, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign a unique identifier to the applicable User’s computer. To opt-out of allowing us to use Cookies in connection with your computer/mobile device, please e-mail us at: info@textium.com. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, visit www.cookiecentral.com.

We use Cookies to improve the quality of the Site Offerings, including for storing User preferences and tracking Site-User trends (such as pages opened and length of stay at the Site). We do not use Cookies to track your Internet browsing activity, or to serve you advertisements.

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a User rejects a Cookie, he or she may still use the Site Offerings; provided, however, that certain functions of the Site Offerings may be impaired or rendered inoperable if the use of Cookies is disabled.

Behavioral Tracking
Neither TEXTiUM™, nor any third party, uses cookies, pixels or other tracking technology on the Site for purposes of tracking Users’ activities after they leave the Site. Nevertheless, most Internet browsers contain a “do-not-track” setting. In general, when a “do-not-track” setting is active, the User’s Internet browser notifies other websites that the User does not want his/her Information and online behavior to be tracked and used, for example, for behavioral advertising.

Cross Device Tracking
TEXTiUM™ does not track Users’ use of the Site Offerings across multiple devices, including personal computers and mobile devices.

Aggregate Data
TEXTiUM™ reserves the right to transfer and/or sell aggregate or group data about Users of the Site Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Site Offerings Users as a group, without disclosing Personal Data, or linking any personally identifiable information.

SOCIAL MEDIA WEBSITES

If you engage in any interaction with TEXTiUM™, other Users or any third party on any Social Media Pages, you should be aware that: (a) the Personal Data that you submit by and through such Social Media Pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where TEXTiUM™ responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of TEXTiUM’s™ social media accounts.

We are not responsible for the Personal Data that you choose to submit on any Social Media Websites. The Social Media Websites operate independently from TEXTiUM™, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their applicable privacy notices or policies.

THIRD-PARTY WEBSITES

This Site may contain links to third-party owned and/or operated websites, web venues and other web-based properties including, without limitation, the Social Media Websites. TEXTiUM™ is not responsible for the privacy practices or the content of such websites/web venues. These third-party websites/web venues have separate privacy and data collection practices and TEXTiUM™ has no responsibility or liability relating to them.

SECURITY

We endeavor to safeguard and protect our Users’ Personal Data. When Users make Personal Data available to us, their Personal Data is protected both online and offline (to the extent that we maintain any Personal Data offline). When we store and transmit Personal Data, that Personal Data is encrypted with advanced TLS (Transport Layer Security).

Access to your Personal Data is strictly limited, and we take reasonable measures to ensure that your Personal Data is not accessible to the public. All of our Users’ Personal Data is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need User Personal Data to perform a specific job are granted access to User Personal Data. Our employees are dedicated to ensuring the security and privacy of all User Personal Data. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User Personal Data on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Data under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Data, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Data; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Data will be absolutely secure. Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable law, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Data. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

MINORS

Visitors under eighteen (18) years of age are not permitted to use and/or submit their Personal Data at the Site. TEXTiUM™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age. TEXTiUM™ encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Opt-Out/Unsubscribe
To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: info@textium.com.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Site Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Site Offerings-related and/or inquiry response-related messages from TEXTiUM™, you must cease requesting and/or utilizing the Site Offerings and/or cease submitting inquiries to TEXTiUM™, as applicable.

DELETING, MODIFYING AND UPDATING YOUR INFORMATION

We will only maintain your Personal Data for as long as needed for the purpose collected, including providing you with access to the Site Offerings that you have requested. At your request, we will: (a) inform you of what Personal Data we have on file for you; (b) amend the Personal Data that we have on file for you; and/or (c) remove Personal Data that you have provided to us, or that we have collected, from our servers/databases and the servers/databases of any third party that we have provided your Personal Data to. You may do so by e-mailing us at: info@textium.com. We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting your Personal Data may terminate your access to certain of the Site Offerings. If you wish to continue using the full complement of Site Offerings, you may not be able to delete all of the Personal Data that we have on file for you.

Please be further advised that, after you delete your Personal Data, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

TRANSFER OF PERSONAL DATA INTERNATIONALLY

If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may, solely where permitted by applicable law, including the GDPR, result in the transfer of information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers where permitted by applicable law. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

CHANGES TO THIS PRIVACY POLICY

TEXTiUM™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use Personal Data changes, TEXTiUM™ will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.

CONTACT US

If you have any questions about this Privacy Policy or our privacy practices in general, you may email us as at: info@textium.com; (833) TEXTiUM; or send us mail to: 1520 South 5th Street, Suite 308A, St. Charles, MO 63303.