Privacy Policy – old

GivBee reserves the right, in its sole discretion, to modify or change this Privacy Policy at any time with or without prior notice to you. It is up to you to review our current Privacy Policy on a regular basis. Your continued use of the GivBee service following any changes to the Privacy Policy constitutes your full acceptance of those changes and you agree to be bound by all of its terms and conditions. If you have any questions, concerns, or comments about this Privacy Policy, please contact us. 

For Subscribers

Information Collection
GivBee is dedicated to protecting personal information and will make every reasonable effort to handle collected information as carefully and securely as possible. By opting-in/subscribing to a GivBee user’s text service, you (the “subscriber”) are opting-in/subscribing to the distribution list(s) managed by the GivBee user. By subscribing, you are giving explicit permission for this user to send you messages. Any information communicated to GivBee for text messaging and or storage will remain in the ownership of the GivBee user. GivBee will, at no time, rent or redistribute this information without your consent, except where legally required to do so.

If you believe you have received unwanted text messages from the owners of the texting accounts (“GivBee users”) or GivBee, please forward information (eg. the content of the texts) via email, or call 1-512-337-8119 so we can take appropriate action.

Your contact information (belonging to you, the subscriber) is collected by a GivBee user on an opt-in basis and can be collected in different ways:

• GivBee user collects your mobile number when you text the GivBee user’s opt-in keyword to a GivBee short code or a keyword to a long code assigned to the GivBee user. Certain SMS text features enable the collection of name, email address, or other customized information by asking you to reply via SMS texts with specific information. Note: Message and data rates may apply.
• GivBee user may have previously collected your contact information on an opt-in basis outside of the GivBee system. The user states that your contact information was collected with your permission and you have consented to receive text messages from the user.

Receiving text messages from GivBee users is free of charge. However, standard text messaging rates from your wireless carrier still apply.

The GivBee service is not intended for children under 13, and GivBee does not knowingly collect information from children under the age of 13. Some GivBee users may classify and rate their text message content for recipients who are 21 years of age or older. Please observe content rating for intended audience before you sign up for text service. 

Your contact information is collected by the GivBee user on an opt-in basis in a number of possible ways:

1. The GivBee user collects your mobile number when you text the GivBee user’s opt-in keyword to the GivBee user’s corresponding short code or when you text a GivBee user’s keyword to the GivBee user’s corresponding long code.
2. Certain SMS text features enable the collection of name, email address, or other customized information by asking you to reply via SMS texts with specific information. Note: Message and data rates apply.
3. GivBee users can collect your mobile number, name, email address, when you submit the information via a GivBee-powered web widget (online form).
4. GivBee users can import your first and last name, phone number and email address when you have provided the information outside of the GivBee system and have consented to opt-in to texts from the GivBee user.

Your Privacy
GivBee does NOT share your name or any contact information (name, email, phone number) with others except for the owners of the texting accounts to which you opt-in/subscribe. You have given them (“GivBee users”) explicit permission to send messages to you when you opted-in/subscribed. If the GivBee user added or imported your information without your permission, please report the GivBee user by calling 1-512-337-8119. GivBee has a no tolerance spam policy.

GivBee may use or disclose information about you, including your personal information, under the following circumstances:

• To provide you with information, links, and services you request.
• To anticipate and resolve problems and conflicts with our products and services.
• For verification and authentication purposes in regards to requests or changes of any personal information or data related.
• For other purposes communicated to you at the time you provide or authorize the use of your information.
• In response to a subpoena, court order, or other legal process.
• To establish or exercise our legal rights or defend against legal claims.
• To enforce our Terms of Use and Privacy Policy or other legal agreements.
• To outsource any of the tasks referenced in this Terms of Use and Privacy Policy, such as customer service.
• To share with a company controlled by, or under common control with GivBee for any purpose permitted by our Terms of Use and Privacy Policy.
• When GivBee believes such use or disclosure is (a) necessary in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or situations involving potential threats to the physical safety of any person, or (b) required by law.
• In the event of a merger, acquisition, consolidation, divestiture, or bankruptcy of GivBee.

How to Opt-out/Unsubscribe
GivBee is a permission-based texting system. If you do not wish to receive any further text messages from a GivBee user, text the word “STOP” or “QUIT” into the text conversation thread. NOTE: Message and data rates may apply. You may also contact GivBee and request to opt-out/unsubscribe. If emailing us, please provide a summary of the most recent message received (delivery date/time and content), so we can assist you with your request as efficiently as possible.

Anti-Spam Policy
GivBee has a NO TOLERANCE anti-spam policy. Any GivBee user found to be using GivBee for spam will be suspended without notice. If you know of or suspect any violators, please contact us immediately.

GivBee, 295 Seven Farms Drive, Suite 175, Charleston, SC 29492.
By email
Phone: 512-337-8119.

For Users (account holders)

GivBee provides you tools and resources to collect your subscribers’ contact information on an opt-in/subscribe basis. As a user, you have agreed to GivBee’s Terms of Service and to abide by TCPA. We encourage you to review the complete FCC document and to seek legal counsel for any prospective action related to this ruling.

Your subscribers have the ability to opt-out/unsubscribe from your text system easily and at any time by texting “STOP” or “QUIT” in response to any text message they receive from your GivBee account. The information they provide and the information you collect through GivBee may be used to:

• Provide information and text services your subscriber requests via text message.
• For other purposes communicated to them at the time they provide or authorize the use of their information.

Opt-in/Subscribe via Keyword (mobile phone)
By texting your opt-in keyword to the GivBee shared shortcode or a keyword to your GivBee long code, subscribers are opting in/subscribing to your text message distribution list(s) and are are giving prior express written consent so you can view, access and text their mobile numbers. This allows you to send text messages to the subscribers. Some GivBee features can be set up to collect name, email address, or other customized information by asking subscribers to reply via SMS texts.

Opt-in via Web Widget
By submitting their mobile phone number through your web widget, subscribers are able to opt-in/subscribe to your text message distribution list(s) and are giving prior express written consent so you can view, access and text their mobile numbers. This allows you to send text messages to the subscribers. You hereby pledge that you shall not use the widget (or any other tool) to add names, email address and/or mobile numbers to your opt-in list without being able to provide tangible proof upon request that the subscriber being added has given prior express written consent to be added to your lists and to receive messages from you. Written consent may be granted when a subscriber is clearly and fully notified of the collection of their contact information and agrees in writing that he or she may be contacted through their collected contact information. Prior express written consent can be obtained in hand written form or via email, website form, text message, or other methods in compliance with the E-SIGN Act. You will have to obtain prior express written consent from the recipient of your solicitation messages, even if you previously had a business relationship with the recipient.

You should not assume a preexisting relationship to be a substitute for explicit permission to add corresponding contact information into the GivBee system via a widget. Nor should you send messages without explicit permission. For example, if your customer provides their mobile number in a normal course of business but did not specifically express permission to opt-in/subscribe to your text service, you cannot add their number to your opt-in list by way of a web widget. If it is discovered that you have been delivering any type of message to recipients who have not granted you permission, you will be held fully accountable for your actions and are subject to any and all legal actions that result from such violations.

Importing Contact Information via Import Tools and Web Widgets
You agree to import, add, edit, access or otherwise use only lists for which all parties have opted in to receive correspondence from you (“Permission-Based Lists”) in connection with your use of the service. You hereby pledge that you shall not use any other lists in connection with your use of the service. In the event that you import or add a subscriber with phone numbers, you must be able to provide tangible proof upon request that the subscriber being imported or added has given prior express written consent to be added to your lists and to receive messages from you. Written consent may be granted when a subscriber is clearly and fully notified of the collection of their contact information and agrees in writing that he or she may be contacted through their collected contact information. Prior express written consent can be obtained in hand written form or via email, website form, text message, or other methods in compliance with the E-SIGN Act. You will have to obtain prior express written consent from the recipient of your solicitation messages, even if you previously had a business relationship with the recipient.

You should not assume a preexisting relationship to be a substitute for explicit permission to import corresponding contact information into the GivBee system. Nor should you send messages without explicit permission. For example, if your customer disclosed a mobile number in a normal course of business but did not specifically express permission to receive your message, you cannot send messages to the number. If it is discovered that you have been delivering any type of message to recipients who have not granted you permission, you will be held fully accountable for your actions and are subject to any and all legal actions that result from such violations.

Sharing and Usage
GivBee does not share, sell, or rent any contact information with any party. You are not allowed to share your subscribers’ contact info with any third party for any reason. However, GivBee may use or disclose information, including your personal information and your subscribers’ contact information, under the following very limited circumstances:

• To provide you with products and services requested by you or your subscribers.
• To anticipate and resolve problems and conflicts with our products and services.
• For verification and authentication purposes in regards to requests or changes of any personal information or data related.
• For other purposes communicated to you at the time you provide or authorize the use of your information.
• In response to a subpoena, court order, or other legal process.
• To establish or exercise our legal rights or defend against legal claims.
• To enforce our or your Terms of Service and Privacy Policy or other legal agreements.
• To outsource any of the tasks referenced in our Terms of Service and Privacy Policy, such as customer service.
• To share with a company controlled by, or under common control with GivBee for any purpose permitted by our Terms of Service or Privacy Policy.
• When GivBee believes such use or disclosure is (a) necessary in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or situations involving potential threats to the physical safety of any person, or (b) required by law.
• In the event of a merger, acquisition, consolidation, divestiture, or bankruptcy of GivBee.

Opt-out/Unsubscribe Policy
When a text message recipient first joins your text service, the initial message must include “STOP” instructions to enable the person to opt-out/unsubscribe of the text service. To opt-out/unsubscribe at any time, recipients may text “STOP” into the text conversation. If the “STOP” instructions are removed or edited in a way that makes the process unclear to the end user, GivBee will terminate the user’s account.

Anti-Spam Policy
GivBee has a NO TOLERANCE anti-spam policy. Any GivBee user found to be sending spam will be immediately cut off from use of the service and may be subject to legal action by GivBee, government authorities, or the recipients of your messages. Any unused credits or remaining service fees will not be refunded. At GivBee’s discretion, any account will be suspended without a refund if the account knowingly or unknowingly contributes to spam or violates federal, state, local or carrier laws or rules. In addition, in GivBee’s defense, GivBee may be required to assist the parties claiming damages from your actions related to spam. If you know of or suspect any violators of this policy, please notify us immediately by contact GivBee here: support@givbee.com.

What is Spam? Spam is any type of unsolicited messages. By sending text messages to only those who have explicitly requested to receive it, you are following accepted permission-based text messaging guidelines. You should not assume a preexisting relationship to be a substitute for explicit consent to send messages. If it is discovered that you have been delivering any type of message to recipients who have not granted consent, you will be held fully accountable for your actions. You are subject to any legal actions that result from such violations. Some examples of how spammers operate:

• Spammers send texts to phone numbers without getting prior express written consent from the recipient.
• Spammers import lists of mobile numbers of people who have not given explicate written permission to add them to the text system.
• Spammers send text messages that contain false or misleading information.

What constitutes consent? The recipient of your message has been clearly and fully notified of the collection and use of his or her contact information and has consented, as required by law, prior to receiving your text messages. Consent can be obtained in handwritten form or via email, website form, text message, or other methods in compliance with the E-Sign Act. You will have to obtain consent from the recipient of your messages, even if you previously had a business relationship with the recipient. You do not have consent if any person purchased a product or service from you or partakes in an event, meeting, conference or general gathering. If you require people to confirm that they opt-in to your system but have not received a response from those people, then you do not have sufficient consent and may not send messages to those individuals. Subscribers must also be aware that consent is not a condition of purchase.

What constitutes prior express written consent? If you are sending text messages for solicitation purposes, then your campaign must meet the “prior express written consent” standard.

Furthermore, as a GivBee user…

• You have agreed to not access or use ANY third party lists for phone numbers or email addresses, or otherwise prepare or distribute unsolicited messages in connection with our service.
• You have agreed to import, add, edit, access or use only lists for which all listed parties have given their express written consent to receive texts from you (“Permission-Based Lists”). You hereby covenant that you shall not use any other lists in connection with your use of GivBee’s services. In addition, it is prohibited to import phone numbers without tangible proof of the subscribers’ explicit consent to receive messages.
• You have acknowledged and agree that not all messages sent via GivBee’s service will be received by their intended recipients. For example, sending a text to a distribution list may deliver messages to unintended recipients due to the reassignment of mobile numbers. It is your responsibility to keep your lists updated.
• You have agreed to comply with all local, state and federal regulations and general practices governing your specific content or promotion type. Additionally, content affiliated with pornographic or sexually explicit material or alcoholic beverages is prohibited. In particular, alcoholic beverages or entertainment content or promotions targeted to people under 21 years of age may not be sent through the system.
• You have agreed to adopt and maintain this Privacy Policy, which may be modified by GivBee at any time for any reason.
• You have agreed to identify your organization, product and service accurately and not deceive your subscribers/recipients in any message with reference to your identity, offering, availability, pricing, benefits, and any other aspects of your communication.