Thank you for using the Waterfall International Inc. (“Waterfall”, “our”, “us” or “we”) website located at www.waterfall.com (the “Website”) and/or our software platform enabling Waterfall’s merchant partners using the software platform (“Merchants”) to manage both enterprise mobile messaging communications (e.g., short message service (SMS), multimedia messaging service (MMS), and push notifications) and customer relationship management (CRM) (the “Services”). Please do not use our Website or Services until after you carefully review and accept all terms and conditions in this Privacy Policy (the “Policy”), as well as the Waterfall Terms of Service (the “Terms of Service”) located at www.waterfall.com/legal/.

This Privacy Policy applies to persons accessing the Website and/or Merchants using the Services, and explains (i) how Waterfall collects, stores and uses Personal Information, Non-Personal Information, and Text Message Data, and (ii) choices for managing information preferences. By using the Website or Services, you consent to this Privacy Policy.

1. Information We Collect

When you use the Website or Services, Waterfall may collect information about you or a Merchant’s consumers in the following ways: (a) a person may provide information to us (e.g., during the registration or ordering process); and (b) we may receive information about a person automatically or indirectly in the course of his or her interactions with the Website or Services. The following are the different types of information that are collected:

  • “Personally-Identifiable Information” and “PII” mean any information that may be used (alone or in combination with other information) to identify an individual, including, but not limited to: a first or last name; a home or other physical address; an email address; contact information; and credit card or other payment information. For example, for Text Message Data, Merchants may collect consumers’ PII when consumers send or receive SMS or MMS text messages through the Services. Certain Services for Merchants may also require us to collect from you the phone number for your device. We may associate that phone number to Non-Personal Information (see below) that has been collected from and about a consumer (e.g., the mobile device identification information).
  • “Non-Personal Information” means information that does not identify an individual. For example, for Text Message Data, Merchants may automatically collect information such as device type, operating system version and type, IP address, certain unique device identifiers, and carrier and other information for the device used by a consumer. Merchants may also collect geo-location data such as device GPS coordinates, unless a consumer configures his or her device operating system settings to prevent the collection of such data. Some mobile service providers are required to operate a system that records the physical location of devices that use their service. Depending on the mobile service provider, Waterfall may automatically receive that information. If you use the Website, each time Waterfall automatically collects the type of web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Website. We use this information to enhance the Website, and to help us understand how people use the Website. In addition, we use “Cookies” (a small text file placed on your computer or mobile device to identify your device and browser when you visit our Website), which enable our systems to recognize your browser and tell us how and when certain pages in our Website are visited and by how many people.
  • “Text Message Data” means the processing and storage of SMS or MMS text messages, log and connection data, and consumers’ PII (e.g., preference data, historical purchase data, demographic, activity data, geographical data (zip code), socioeconomic data) that may be collected by Merchants when consumers send or receive SMS or MMS text messages through the Services. Text Message Data is subject to the privacy policy and terms of service of the Merchant using the Services for the particular campaign through which such data is captured. Through the Services, such consumer PII may be combined with information provided by a Merchant from its online and offline sources in connection with the Merchant’s use of the Services.

2. How We Use Information

We use PII, Non-Personal Information and Text Message Data collected as described in this Policy, sometimes combined with information from other sources, in the following ways:

  • To provide, maintain and improve the Services, develop new features, and send product updates and administrative messages;
  • To advertise and market the Services;
  • To conduct research and analysis; and
  • As otherwise required or permitted by law or with your consent.

We will not disclose PII, Non-Personal Information or Text Message Data to third parties without consent, except as explained in this Privacy Policy.

3. How We Share Information

Any Text Message Data communicated to Waterfall in connection with the Services will remain in the ownership of the Merchant using the Services. Waterfall will share such data only with that Merchant, and will store Text Message Data securely in accordance with Section 4 of this Policy.

We may establish a business relationship with other businesses that we believe are trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as software hosting and maintenance, CRM, data storage and management, and direct marketing campaigns. We provide our Service Providers with only the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable administrative, technical and physical safeguards appropriate to the nature of the information involved in order to protect PII, Non-Personal Information and Text Message Data from unauthorized access, use or disclosure. Service Providers are prohibited from using PII, Non-Personal Information and Text Message Data other than as specified by Waterfall.

We may use, and disclose to third parties, certain aggregate or anonymous Non-Personal Information regarding the Website and Services. Again, such information does not identify you individually.

We may also share PII, Non-Personal Information and Text Message Data as follows:

  • We may share PII, Non-Personal Information and Text Message Data with any legal entity that is affiliated with Waterfall for purposes consistent with this Policy. If our company is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer PII, Non-Personal Information and Text Message Data in connection with such transaction; and
  • We cooperate with government and law enforcement officials to enforce and comply with the law. We may therefore disclose PII, Non-Personal Information and/or Text Message Data, and any other information about you, if we have a good faith belief that it is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce our Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to our rights, property or safety, or that of our users or the public as required or permitted by law.

4. How We Protect Information

We use reasonable technical, physical, and administrative safeguards to protect PII, Non-Personal Information and Text Message Data. These measures include computer safeguards and secured files and buildings. No method of transmission over the Internet or method of electronic storage is 100% secure, however, and Waterfall cannot and does not guarantee their absolute security.

5. Processing in the United States

Please be aware that PII, Non-Personal Information and/or Text Message Data may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using the Website or Services, you agree that the collection, use, transfer, and disclosure of PII, Non-Personal Information, and Text Message Data will be governed by the applicable laws in the United States.

6. How Can You Access Your Information?

Upon request, we will allow Merchants to access and change certain information (e.g., a Waterfall username and password, contact information, transaction information and payment information) using the Support section of theServices. If you are receiving promotional emails from Waterfall at any time and you decide you want to stop receiving them, please notify us by opting out or sending an email to support@waterfall.com.

7. Miscellaneous

  • Third Party Websites. Our Website may permit you to link to other third party websites on the Internet, and other websites may contain links to the Website. These third party Websites are not under Waterfall’s control. The privacy and security practices of websites linked to or from our Website are not covered by this Policy, or the Waterfall Terms of Service, and you should carefully review the applicable third party terms. Waterfall is not responsible for the privacy or security practices, or the content, of any such third party websites.
  • No Use By Children. Our Website and Services are not intended for use by children under 13 years of age; if you are under 13, you are not permitted to use our Website or Services in any way. Waterfall does not knowingly collect any PII from any children under 13.
  • Changes to this Policy. We may change this Policy at any time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Website. Those changes will go into effect on the Revision Date shown in the revised Privacy Policy. Your continued use of the Website or Services constitutes your consent to be bound by the revised Privacy Policy.
  • Contact Us. If you have any concerns about privacy, please send an email to privacy@waterfall.com and we will try to resolve it.

8. QUESTIONS OR ADDITIONAL INFORMATION:

If you have any questions regarding our Privacy Policy or wish to obtain additional information, please send an email to support@waterfall.com.