Privacy Policy

Ninth Wave Software, LLC ("Spotlight Messaging," "we," or "us) respects your privacy and is committed to communicating transparently regarding our privacy practices. This Privacy Policy describes the types of information we may collect from you when you visit our website at https://www.spotlightmessaging.com/, any subdomains of the foregoing, or any other website that links to this Policy, or when you visit or use our mobile or desktop applications, including any content or functionality offered on or through any of the foregoing (collectively, the “Site”), or when you access or use the online services we make available on or through the Site (collectively, the “Service”). This Privacy Policy also describes our practices for collecting, using, maintaining, protecting, and disclosing such information.

This Privacy Policy applies to information we collect on the Site, in email, text, or other electronic messages between you and the Site, and through your access to or use of the Service through the Site. It does not apply to information collected by us offline or through any other means, including on any other website operated by us or any third party, nor to information collected by any other third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site or the Service.

Please read this Privacy Policy carefully before you start to use the Site or the Service to understand our policies and practices regarding how we treat your information. By accessing or using the Site or the Service in any manner, you accept and agree to be bound by this Privacy Policy. If you do not agree with any terms of this Privacy Policy, you may not access or use the Site or the Service for any purpose.

This Privacy Policy may change from time to time (see Updates to Our Privacy Policy, below). Your continued use of the Site or the Service after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Privacy of Children

The Site and the Service are not intended for or directed to children. No one under age 16 may provide any information to or on the Site or the Service. We do not knowingly collect or solicit personal information from children under age 16. If you are younger than 16 years of age, do not use or provide any information on the Site or through the Service or any of its features, register on, make any purchases or trades through, or use any of the interactive, messaging, or public comment features of the Site or the Service, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under age 16, we will delete that information. If you believe we might have any information from a child younger than 16 years of age, please contact us at privacy@spotlightmessaging.com.

Information We Collect

When you access the Site or use the Service, we collect certain information about you. This may include information by which you may be personally identified, such as name, postal address, geographic location, e-mail address, or telephone number, as well as information that is about you but may not specifically identify you, such as information about your internet connection, the equipment you use to access the Site or the Service, and usage details, IP addresses, and certain other information collected through cookies and other tracking technologies (collectively "personal information").

Information You Provide Us

We collect personal information from various sources, such as directly from you when you access or use the Site or the Service. This may include:

  • information that you provide by filling in forms on the Site or through the Service, including, without limitation, information provided at the time of registering to use the Service.
  • information that you provide when you report a problem with the Site or the Service.
  • records and copies of your correspondence (including email addresses), if you contact us.
  • information that you provide when seeking customer or technical support or when providing feedback or suggestions with respect to the Service.
  • your responses to surveys that we might ask you to complete for research purposes.
  • You also may provide information, images, messages, and other content to be published or displayed (hereinafter, “posted“) on public or semi-public areas of the Service, or transmitted to other users of the Service or third parties (collectively, “User Contributions“). Your User Contributions are posted and transmitted to others at your own risk. Although you may have the option to set certain permission settings through your account, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site or the Service with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect by Automatic Means

When you navigate through and interact with the Site and/or the Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing, actions, and patterns, including:

  • information about the devices you use to access the Site and/or the Service (such as the IP address and the type of the device, operating system, and web browser);
  • dates, times, and duration of use of the Site and/or the Service (including whether you are a repeat or first time visitor);
  • information on actions taken when using the Service (such as page views, individual keystrokes, browsing and purchasing history, and website navigation patterns);
  • messages sent or received by you through the Service (“Scheduled or Unscheduled SMS Messages”);
  • certain geolocational information; and
  • information about your customers, invoices, subscriptions and transactions over time stored in ChargeOver.
  • In addition, we may use third-party web analytics services to help us understand your use of the Site and/or the Service and the popularity of certain content so we can improve your experience. We may also use third-party business identity platforms to assist in the operation of our “Know Your Business” processes. For more information on our use of these and other third-party services, see Third Party Providers below.

Information we collect automatically may be statistical data that does not include personal information. We may maintain or associate any such statistical data with personal information we collect in other ways or receive from third parties. It helps us to estimate our audience size and usage patterns, speed up user experience, and to improve and personalize the Service, including enabling us to identify and authenticate users. To the extent that we associate any of this non-personal information with your personal information, we will treat it as personal information under the terms of this Privacy Policy.

Technologies we use for automatic data collection may include cookies. A cookie is a small file placed on the hard drive of your computer. Pages of our Site and our emails may also contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). For information on our use of cookies and how you can opt out, see Your Choices, below.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Site or the Service are served by third-parties, including content and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site or the Service. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about any targeted content, you should contact the responsible provider directly.

How We Use the Information We Collect

We may use information we obtain about you, or that you provide to us:

  1. to provide you with our services;
  2. to process orders you place and complete other transactions you have requested through the Service;
  3. to provide you with products and services you request;
  4. to facilitate the exchange of User Messages between you and your customer and your posting or exchange of other User Contributions;
  5. to send you information or materials you request;
  6. to market our products and services and those of third parties;
  7. to maintain a record of your purchases or other transactions with respect to your use of the Site or the Service;
  8. to collect statistical data and to generate insights and analysis with respect to user behaviors, search, navigation, and purchasing behaviors;
  9. to respond to your questions and comments and provide customer support;
  10. to communicate with you about our products, services, offers, and promotions;
  11. to operate, evaluate, and improve our business and the products and services we offer;
  12. to provide you with a more personalized experience when using the Service;
  13. to analyze trends and statistics regarding use of the Service and transactions conducted using the Service;
  14. to permit us to calculate and pay commissions, revenue shares, or other amounts payable by us to third parties with respect to our operation of the Service and the Marketplace;
  15. to protect against and prevent fraud, unauthorized transactions, claims, and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users;
  16. to enforce our Terms of Service and other agreements;
  17. to comply with applicable legal requirements and industry standards; and
  18. for any other purpose for which you provide your consent.
  19. We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please email privacy@spotlightmessaging.com. For more information, see Your Choices.

How We Share Your Personal Information

We may disclose aggregated information about our users, and information that does not identify any individual user, without restriction.

We may disclose personal information that we collect or you provide (as described in this Privacy Policy):

  • to our subsidiaries and affiliates;
  • to contractors, service providers, and other third parties we use to support our business (see Third Party Providers, below);
  • if you use the Service in the capacity of an employee or independent contractor of a subscribing entity, to that subscribing entity to facilitate your and such entity’s access to and use of the Service;
  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to enforce or apply our Terms of Service and other agreements;
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of SpotLight Messaging, users of the Site or the Service, and/or others;
  • to facilitate the exchange of User Messages and the exchange of other User Contributions between you and your customers;
  • for any other purpose which is incidental to the normal use of the Service; and
  • for any other purpose for which you provide your consent.
  • We may also disclose personal information to third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Your Choices, below.

We also reserve the right to transfer your personal and other information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets. Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your information in a manner that is consistent with our Privacy Policy.

Third Party Providers

Without limiting the foregoing, we may also employ or otherwise utilize third party companies and individuals to facilitate our Site and our provision of the Service, and to process data, perform Site-related services, or to assist us in analyzing how the Service is used (collectively, “Third Party Providers”). These Third Party Providers may have access to your personal information for purposes of performing these tasks on our behalf, and may have the right to retain and use personal information or other information through performance of these tasks on an aggregated and de-identified basis in accordance with the terms of the applicable Third Party Provider’s privacy policy. We advise you to review the privacy policies of the Third Party Providers, but note that we have no control over and assume no responsibility for the content, privacy policies or practices of any Third Party Providers, their websites or services.

Third Party Providers may include, but are not limited to, the following:

Analytics Providers. We use analytics providers to monitor and analyze use of the Site and the Service. Our analytics providers include, but are not limited to, Google Analytics. Google Analytics is an independent web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can learn about Google’s privacy practices at https://www.google.com/intl/en/policies/privacy. You may opt out of the aggregation and analysis of data collected about you on our Site by Google Analytics by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. Please note that if you opt out, analytics companies other than Google Analytics may continue to aggregate and analyze data collected about you on the Site. Payment Processors. We use payment processors to process payments when you make a purchase through or with respect to the Service or the Marketplace. Our payment processors include, but are not limited to, Stripe. You can learn about Stripe’s privacy practices at https://stripe.com/privacy. Know Your Business Platforms. We may use “Know Your Business” platforms to help us verify the legitimacy of our business clients and to help ensure our compliance with regulations. Our current Know Your Business platforms include, but are not limited to, Middesk. You can learn about MIddesk’s privacy practices at https://www.middesk.com/privacy. Gift Card Integrators.

Security

Spoltlight Messaging takes protecting your information seriously, and implements reasonable measures to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to the Service or certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Please note that the electronic transmission of information is not completely secure. We cannot guarantee that the security measures we have in place to safeguard information will never be defeated or fail, or that such measures will always be sufficient or effective. Any transmission of information is at your own risk.

Information and Data Transfers

The Service is administered by Spotlight Messaging in the United States. When we obtain information about you through your access to or use of the Site or the Service or when you input or import information to the Service from somewhere other than the United States, we may transfer, process, and store such information in the United States. If you access the Site and/or Service from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws. If you are a non-United States resident and provide us with your personal information, or if you use the Service, you consent to the transfer to and processing of such information in the United States, which may have data protection laws less stringent than those in the country in which you reside.

Your Choices

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Site and the Service may then be inaccessible or not function properly.

Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending an email to us with your request at privacy@spotlightmessaging.com.

Emails. Spotlight Messaging may send Service updates, Service notifications, promotional information and other communications to you via email. Promotional email communications will contain instructions describing how you can opt out of receiving future promotional emails from us. If you opt out of promotional emails, you may continue to receive non-promotional, transactional emails from us.

Limiting Provided Information. You can choose not to provide us with certain information. If you decline to provide certain information, however, please note that some features of the Site and/or Service may then be inaccessible.

“Do Not Track” Request

The Site and/or Service may contain links enabling the electronic transfer of data from third-party applications to the Site or the Service, as well as links to third-party websites. Spotlight Messaging is not responsible for the privacy practices or content of these applications or websites, and linking to an application or website does not constitute endorsement by us of that application or website. You should review the privacy policy and terms and conditions of any such third-party application or website prior to using or providing information to the same.

Accessing, Correcting, and Deleting Your Information

Your personal information is accessible through, and may be reviewed and changed by logging in to, your user account. You may also send us an email at privacy@spotlightmessaging.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions, including any User Messages sent via the Service, copies of your User Contributions or correspondence may remain viewable in cached and archived pages, or might have been copied or stored by other users. Proper access and use of information provided on the Site and the Service, including User Contributions and correspondence, is governed by our Terms of Service.

We retain personal information that we collect for as long as we need to use it in connection with our business and in accordance with our standard practices or in compliance with applicable laws. When we no longer need the personal information, we will deidentify, aggregate, or delete this information where required by law.

Your State Privacy Rights

California Residents. California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by email at privacyspotlightmessaging.com or write to us at the mailing address set forth at the end of this Policy.

Colorado, Connecticut, Virginia, Texas and Utah Residents. Colorado, Connecticut, Virginia, Texas and Utah each provide their state residents with rights to: (i) confirm whether we process their personal information; (ii) access and delete certain personal information; (iii) data portability; and (iv) opt-out of personal data processing for targeted advertising and sales. Additionally, Colorado, Connecticut, Texas and Virginia also provide their state residents with rights to: (v) correct inaccuracies in their personal information, taking into account the information’s nature and processing purpose; and (vi) opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects. To exercise any of these rights please submit your request in writing to us by email at privacy@spotlightmessaging.com or write to us at the mailing address set forth at the end of this Policy.

Nevada Residents. Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out right may submit a request in writing to us by email at privacy@spotlightmessaging.com or to the mailing address set forth at the end of this Policy. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

Updates to Our Privacy Policy

Spotlight Messaging reserves the right to change this Privacy Policy at any time. If we make a material change to this Privacy Policy, we will make an effort to communicate these changes to you via email or by posting a notification on the Site. The date this Privacy Policy was last revised is at the top of this page. We encourage you to review this Privacy Policy periodically to check for any updates or changes.

Contact Us

If you have any questions about this Privacy Policy or our information practices, please email us at privacy@spotlightmessaging.com or write to us at:

Ninth Wave Software, LLC
119 Brazos Drive
Cedar Creek, TX 78612