Privacy Policy

Privacy Policy

Smack Mobile is committed to protecting your privacy. This Privacy Policy describes the ways in which Smack Mobile uses and protects the information we collect about our Customers and our Users. The following sets forth the Privacy Policy (“Privacy Policy”) of Smack Mobile, and its Affiliates (collectively, “Smack Mobile,” “we” or “us”), and is incorporated into and made a part of Smack Mobile’s Plans Terms and Conditions, Smack Mobile’s Terms of Use. For purposes of this Privacy Policy, “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Smack Mobile., where “control” means the ownership of, or the power to vote, at least ten percent (10%) of the voting stock, shares or interests of such entity.

Information We Collect and How We Use It

Smack Mobile collects and uses information about our subscribers and website visitors based on your use of our products and services and our business relationship with you, and when you make online inquiries into our service.

Smack Mobile uses such information to provide you with the ability to sign up for products and services; to provide you with the highest quality customer experience possible; and to communicate with our subscribers regarding service updates, offers, and promotions. We also use this information for third-party advertising; prevention of fraud or illegal activities to prevent or investigate violations of our Terms and Conditions; to respond to your questions; to develop network integrity and for security procedures. Smack Mobile will, disclose customer identifiable information as required by subpoena, search warrant, or other legal process or in the event that such customer is engaging in unlawful use of our website. When Smack Mobile uses third parties to perform services on its behalf, Smack Mobile cannot ensure that all of your customer identifiable information will never be disclosed, as regulatory and/or other requirements may make disclosure necessary.

How We Collect Information

Smack Mobile collects information about all activity on its websites using cookies, server log files, web beacons, website widgets and other technologies. Anytime anyone visits our website, we may obtain and capture information that may allow us to identify you via cookies, server log files, web beacons, website widgets and other technologies. If you do not wish to utilize cookies, you have the ability to disable this feature within your individual web browser. However, by disabling cookies, a customer will not have access to certain areas of our website through the cookie-disabled browser.

Personal information is information that identifies or is associated with a specific individual, such as a name, address, email address, or telephone number. Smack Mobile collects personal information about its customers. The ways in which we collect personal information about you include, but are not limited to, the following:

  • Registration and Ordering. Before using certain parts of the Web site or purchasing Smack Mobile products or services, you must complete an online registration form or provide certain information to Smack Mobile’s representatives. During registration (whether via the Web site or otherwise), you will be prompted to provide to Smack Mobile certain personal information, which may include, but is not limited to, your name, billing address(es), phone number, port-in phone number, email address, and credit card number. This personal information is used for billing purposes, fulfilling your orders, and communicating with you about your order and the Web site, and for marketing purposes. If Smack Mobile encounters a problem when processing your order, it will use your personal information to contact you.
  • User Submissions. Certain locations of the Web site may permit you to enter your email address and other contact information to receive further information about Smack Mobile or for other purposes. Your submissions for these purposes are completely voluntary, so you have a choice whether to participate and disclose information to Smack Mobile. Should you choose to submit information in response to these requests, Smack Mobile may collect and use your name, email address, geographic location and other information submitted on the Web site to market Smack Mobile’s (including Affiliates’) products and services.
  • Automatically Generated and Collected Information. In addition to information that you volunteer as described above, the Web site utilizes technologies to collect information and track your user experience. Smack Mobile will use this information to improve the Web site and user experience. In addition, the Web site automatically recognizes the Internet URL from which you access the Web site and may also log your Internet protocol (“IP”) address (which may indicate the location of your computer on the Internet), Internet service provider, and date/time stamp for system administration, order verification, marketing, and system troubleshooting purposes. In addition, all wireless communication systems know when your phone is turned on and approximately where the device is physically located.
  • Information from Third Parties. We may obtain information about you and combine it with your account information. For example, we may receive information from the retailer from whom you purchased an Smack Mobile product prior to your commencing service with us.

Generally, Smack Mobile collects the above information for the following purposes: (i) to improve your experience on the Web site; (ii) to improve the products and services that Smack Mobile sells to consumers; (iii) to communicate with you regarding the Web site; (iv) to market and sell products and services to you and send you information about special offers; (v) to contact you about products or services you have purchased from Smack Mobile; (vi) to respond to your inquiries; (vii) to manage and develop our business and operations, administer accounts, and collect and process payments; and (viii) if you authorize text messaging, we will use your mobile number to communicate with you about your account and to send marketing text messages to you. If you decide that you no longer wish to receive emails or text messages from Smack Mobile that you had authorized, you may opt-out of receiving emails and text messages by managing your account preferences on the Web site or by any other reasonable opt-out method available to you. Please note that Smack Mobile may have to communicate with you about product or service orders that you choose to place. You cannot opt out of receiving product or service-related emails.

Smack Mobile will not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to third parties, except that: (1) Smack Mobile uses third parties to perform specific functions on its behalf and it must disclose information to help those parties perform their services (for example, Smack Mobile would disclose your name, address and phone number to a commercial carrier such as Federal Express or UPS in order to deliver a physical product that you order); (2) Smack Mobile must disclose your name and credit card number and information to financial services and credit card processing companies in order to process your orders; (3) Smack Mobile may be required to disclose such information in response to a legal process, order or investigation (for example, a subpoena or court order); (4) Smack Mobile may disclose personal information where disclosure is necessary to protect its legal rights or to protect itself or others (for example, in order to reduce the risk of fraud or illegal activities); (5) Smack Mobile may share such information amongst the Affiliates for the purpose of marketing products and services to you; (6) Smack Mobile may provide identity verification services to third parties and your personal information may be included in the data transferred to third parties in connection with those services; and (7) Smack Mobile may acquire, merge with or be acquired by another company or it might sell some or all of its assets, and, in such a case, your personal information may be included in the transferred business assets. Also, in the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, we may not be able to control how your personal information is treated, transferred, or used and your personal information may be included in the transferred assets. Smack Mobile may sell, rent, trade, license, use and disclose all non-personal information and aggregate information, so long as such information does not personally identify you or any user, to any third party for any purpose, including, but not limited to, research and analytical purposes.

Under federal law, you have a right, and Smack Mobile has a duty, to protect the confidentiality of information regarding your telephone use, the services you purchase from us, the calls you place and the location of your device on our network when you make a telephone call. This information is referred to as, among other things, “Customer Proprietary Network Information.” We may share Customer Proprietary Network Information with Affiliates; provided, however, that we will first notify you of your rights under applicable law, describe how we intend to use the Customer Proprietary Network Information, and give you an opportunity to opt out of such use (or opt in, to the extent required by applicable law).

ABILITY TO ACCEPT TERMS

You affirm that you are at least 18 years of age and are fully able and competent to enter into and accept the terms set forth in this Privacy Policy.

Contact Information

By applying for service, you agree to be contacted by Smack Mobile, our affiliates, and/or any government agencies, even if you appear on a Do Not Call List. You may be contacted by phone, automated dialers, IVR system, email, text, push notifications, direct mail, or any other form of communication.

Contact Information can consist of:

  • Information that allows us to communicate with you and can include your name, address, telephone number, and email address.
  • Billing information can include your payment data, credit history, credit card number, Social Security numbers, security codes, and service history.

TCPA DISCLOSURE

To ensure that consumer’s inquiries are handled promptly, courteously, and accurately, some of the phone calls between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded by us and any of our affiliates, agents, assigns and service providers, to enhance service to you. You consent to this monitoring and recording. You agree that Smack Mobile may from time to time make calls and/or send text messages to you at any telephone numbers associated with your account, including wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system. You further agree that Smack Mobile may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. Consent may be revoked at any time and by any reasonable means.

Third-party Websites

websites may from time to time contain links to other websites. As such, we cannot be responsible for the content or privacy practices of third-party websites. Third-party websites may collect personal information from our customers and as such, you should be aware of the privacy policies of all third-party websites.

Information Not Covered

Information that you provide to non-Smack Mobile companies is not covered by this Privacy Policy. If you download applications or make an online purchase from a non-Smack Mobile company while using Smack Mobile’ Internet or wireless services, the information collected by the non-Smack Mobile company is not subject to this Privacy Policy; use of public forums such as social networking services, Internet bulletin boards, chat rooms, or blogs. Any personal information you disclose publicly can be read, collected, or used by others. If you choose to reveal personal information, Smack Mobile cannot prevent distribution and use of that information by other parties. Additionally, if you are a Smack Mobile subscriber who is roaming on the network of a non-Smack Mobile company, information about your location, usage, and the numbers you dial will not be subject to the Smack Mobile Privacy Policy.

Our Online Privacy Policy for Children

Smack Mobile does do not knowingly collect personally identifying information from anyone under the age of thirteen (13) unless that child’s parent or legal guardian is utilizing the child’s information knowingly as a means to attempt to gain services. In this situation, any information collected will appear to be the personal information of the actual adult subscriber and treated as such under this Privacy Policy. Smack Mobile does not collect any information from anyone under the age of thirteen (13) that is not submitted to us. Smack Mobile’ cellular devices and services may be used by minors without the knowledge of Smack Mobile.

Safeguarding Your Personal Information

Smack Mobile does not sell any personally identifiable information to third parties. Smack Mobile only maintains information about you in our business records while you are a customer, or until it is no longer needed for business, tax, or legal purposes. However, some federal and state rules require us to maintain personally identifiable information on our subscribers for up to five (5) years after you have ceased your business relationship with us.

California Privacy Rights

If you are a resident of California, certain rules apply to your privacy rights. California state regulations entitle California subscribers to request information concerning whether a business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. California customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices and policies may contact us in writing via mail or via fax to:

BY MAIL:

Smack Mobile
13419 Balmore Cir
Houston, Texas 77069
USA

Privacy Policy Changes

Smack Mobile reserves the right to change its Privacy Policy from time to time by publishing new terms on its website at any time and your access and use of the Smack Mobile website thereafter constitutes your acknowledgment and acceptance of such amended policy. This Privacy Policy does not create any legal right for you or any third parties.

Customer Proprietary Network Information (CPNI)

Customer Proprietary Network Information (CPNI) is information that Smack Mobile obtains when providing your telecommunications services to you. CPNI is information that relates to the quantity, configuration, type, destination, location, and amount of use of the telecommunications services provided by Smack Mobile as well as the information contained in subscriber bills for those services. CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your telephone number, name, and address are not considered CPNI.

Smack Mobile obtains and collects CPNI in the normal course of providing you with telecommunications services. We may, from time to time, use your CPNI to offer you additional services of the type you already purchase from Smack Mobile. We also may use your CPNI to offer you products and services, packages, discounts, and promotions that may be different from the types of services you have already purchased.

Smack Mobile may use this information for certain purposes as allowed by law without further disclosure or consent including but not limited to the following: to provide you service; to market service offerings to you related to the services you purchase; to protect you, other Smack Mobile users, Smack Mobile, and other carriers from fraud, abuse or unlawful use of its service. In accordance with applicable law, Smack Mobile reserves the right to communicate with you by using pre-recorded messages that are informational or promotional in nature.

Smack Mobile may also share information with its affiliates and third-party agents for the limited purpose of making available to you communications-related offers and information that may be of interest to you.

Smack Mobile does not disclose CPNI outside of the Smack Mobile companies or their agents without customer consent, except as required or allowed by law. However, Smack Mobile does utilize third parties to perform services on its behalf that require the use of CPNI.

Restricting Our Use of Your CPNI

If you wish to restrict our use of your CPNI for marketing purposes, known as an “opt out” request, you may do so by requesting a restriction of your CPNI in writing via mail or via fax to:

BY MAIL:

Smack Mobile
13419 Balmore Cir
Houston, Texas 77069
USA

Restricting our use of your CPNI for marketing purposes will not affect the provision of any Smack Mobile products or services to which you subscribe, nor will it eliminate all types of Smack Mobile marketing contacts.

Advertisements

Advertisements may appear on Smack Mobile website pages from time to time. Some advertisements may request information directly from our customers or take our customers to websites that may request personal information. Smack Mobile is in no way responsible for these advertisers’ privacy policies, so please examine the Privacy Policy of any company advertising on our websites prior to submitting any personal information.

Account Information

Smack Mobile will reply to requests from customers for account information and will correct any such information, which may from time to time be inaccurate. Subscribers may contact Smack Mobile to verify that appropriate corrections have been made.

Email Communications

Smack Mobile does not disclose to third parties email communications that are transmitted using Smack Mobile services, except as required to provide the service or as otherwise authorized or required by law.

Smack Mobile may, from time to time, send our subscribers emails or text messages regarding promotional offers or other information. A customer has the right to elect not to receive Smack Mobile email direct marketing communications by simply opting-out or unsubscribing to the email offerings. These requests should be in writing via mail or via fax:

BY MAIL:

Smack Mobile
13419 Balmore Cir
Houston, Texas 77069
USA

Use of Location Information

When your Smack Mobile cellular device is on, it sends signals to the nearest cell tower. As a result, Smack Mobile may use or disclose your wireless device location information as necessary to respond to calls to 911 or in other emergency-related situations as provided by law. Smack Mobile endeavors to safeguard the privacy of subscriber identifiable information from unauthorized access or improper use. However, Smack Mobile cannot at any time provide a guarantee of 100% security.

REVISIONS

From time to time, we may revise the Privacy Policy. Your use of the Website or any Smack Mobile product or service following the posting of any revised Privacy Policy shall be deemed acceptance of the revised policy, so we recommend that you check the Privacy Policy periodically. If you disagree with the terms of the Privacy Policy at any time, your sole remedy is to terminate your use of the Website and all Smack Mobile products and services. Continued use of the Website or any Smack Mobile product or service constitutes your agreement to any Privacy Policy as in effect.

SEVERABILITY

If any part of the Privacy Policy is determined to be invalid or unenforceable by any arbitrator, court of competent jurisdiction or applicable law, the parties intend that such provision be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law

 

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