(760) 931-4703 Jensen Unlimited Inc., 701 Palomar Airport Rd., Suite 300, Carlsbad, CA 92011

Privacy Policy for Permisio Customers That Transmit Messages

Permisio reserves the right, in its sole discretion, to modify or change this Privacy Policy at any time with or without prior notice to you. You must review the current Privacy Policy on a regular basis. Your continued use of the Permisio service following any changes to the Privacy Policy constitutes your full acceptance of those changes. If you have any questions, concerns, or comments about this Privacy Policy, please email us at art@jensenunlimited.com.

Information Collection / Opt-Out

Permisio provides you (the Permisio customer) the tools and resources to collect your subscribers’ contact information on an opt-in basis. Subscribers, on the other hand, have the ability to opt out of your distribution lists easily and at any time. Subscribers can grant or revoke your ability to view and export their contact information by logging into the Subscription Management and unchecking the box labeled: “Allow access to my contact information.”

Online Sign-Up

Permisio allows you to collect email addresses, instant message screen names, phone numbers, and other custom data when subscribers opt in to join your distribution list(s) via an online sign-up page powered by Permisio. When joining a distribution list, we will ask subscribers for personal information such as their name, phone number, IM screen name, and email address. The information they provide and the information Permisio obtains about them may be used to:

  • Provide subscribers with products and services they 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 them at the time they provide or authorize the use of their information.

All subscribers have the ability to unsubscribe or change their personal subscription settings at any time. You should allow and inform your subscribers to unsubscribe by:

  • Email: Click the ‘Unsubscribe’ link located at the bottom of each email.
  • Mobile Text: Text STOP to the short code that they do not wish to receive messages from.
  • IM: Click the ‘Unsubscribe’ link located at the bottom of each instant message.
  • Voice Broadcasts: Follow the prompt, asking them to press 7 to unsubscribe from voice broadcast messages.

Your subscribers may also call the Permisio Unsubscribe Hotline at 1-866-866-0009 to unsubscribe at any time.

Importing Contact Information

You agree to import, add, edit, access or otherwise use only lists for which all listed parties have opted in to receive correspondence from you (“Permission-Based Lists”) in connection with your use of the service. You hereby covenant 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 solicitation 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. In addition, TCPA has revised a rule regarding text or voice solicitation messages. See TCPA guidelines below.

You should not assume a preexisting relationship to be a substitute for explicit permission to import corresponding contact information into Permisio 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 including class action suits whether you use our standard user interface or API.

Mobile Keyword

In addition to Online Sign-up pages, you can also collect mobile phone numbers when subscribers text your mobile keyword (that you create) to Permisio’s shared short code. By texting your mobile keyword, subscribers are opting in their mobiles phone numbers to join your distribution list(s). Also, when subscribers text in your mobile keyword, they are giving prior express written consent so you can view and access their mobile numbers. This allows you to send solicitation messages to the subscribers. Subscribers can remove their mobile phone numbers from your database at any time by replying to any text message they receive from Permisio with “STOP“. They can also change permission for you to view (or export) their contact information by unchecking “Allow access to my contact information.” box while they are signed into the Subscription Management page.

Sharing and Usage / Exporting

Permisio 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, Permisio 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.
  • To enforce our or your Terms of Use and Privacy Policy or other legal agreements.
  • To outsource any of the tasks referenced in our Terms of Use and Privacy Policy, such as customer service.
  • In response to a subpoena, court order, or other legal process.
  • To establish or exercise our legal rights or defend against legal claims.
  • To share with a company controlled by, or under common control with Permisio for any purpose permitted by our Terms of Use or Privacy Policy.
  • When Permisio 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 Permisio.

NOTE: The Permisio service is not intended for children under 13, and Permisio does not knowingly collect information from children under the age of 13.

 

Revised Rule Under Telephone Consumer Protection Act (TCPA)

Please be informed that a revised rule under the Telephone Consumer Protection Act (TCPA) went into effect on 10/16/13 that requires “prior express written consent” for text or voice messages sent to phones for solicitation purposes. THIS IS NOT INTENDED TO BE LEGAL ADVICE, YOU SHOULD CONSULT WITH YOUR LEGAL COUNSEL FOR SPECIFIC STEPS TO TAKE.

Please look at the content of your campaigns and determine whether you are sending messages for solicitation purposes. If you are sending text or voice messages for solicitation purposes, then your campaign must meet the “prior express written consent” standard. The revised rule defines “prior express written consent” as a signed written agreement that clearly and conspicuously discloses to the consumer that:

  • By signing the agreement, he or she authorizes the seller to deliver telemarketing messages to a designated phone number using an automatic telephone dialing system and
  • The consumer is not required to sign the agreement or agree to enter into it as a condition of purchasing any property, goods, or services.

The required signature may be obtained in compliance with the E-SIGN Act, including via an e-mail, website form, text message, telephone key press, or voice recording.

For those contacts you have collected using our Mobile Keyword, Online Sign-Up Page (OSP), eOSP, Facebook Widget, and other features that require your subscriber’s voluntary action of sign-up, our system is designed to keep each subscriber action as written documentation. This documentation is useful only if you have fully disclosed your intent and purpose of your collection of their contact information and they agreed to allow you to send messages. However, for those contacts you have collected outside our system, you must be able to independently provide proof of written consent.

Penalties for violation may be severe and you have to take this change very seriously if you imported or manually added contacts.

AS A RESULT OF THIS CHANGE, IF YOU HAVE ANY IMPORTED OR MANUALLY ADDED CONTACTS IN YOUR DISTRIBUTION LIST, YOU WILL HAVE TO GO THROUGH THE IMPORT CERTIFICATION PROCESS AGAIN TO MEET MORE STRINGENT QUALIFICATION RULES EVEN IF YOU HAVE ALREADY SENT US YOUR IMPORT CONTACT IN THE PAST.

If you have an opt-in system outside of Permisio, you should consult with your own legal team to create an opt-in system that provides the required disclosures under the revised TCPA rule, and captures a “prior express written consent” opt-in if your campaign contains solicitation content.

In addition, a declaratory ruling by the FCC confirmed that sending a single, final opt-out confirmation message does not violate the Telephone Consumer Protection Act. If you are an API user, please make sure that you do not send more than one message in response to a user’s STOP request. This means that STOP commands should be treated as STOP ALLs, unsubscribing users from ALL programs on a short code. Please discontinue the use of STOP Menus.

Furthermore, you are not allowed to send text or voice solicitation messages from 9PM to 8AM of recipients’ local time. You will see an error message during this time.

For any questions regarding TCPA revised rule, please contact our support team at +1 (760) 931-4703 or email art@jensenunlimited.com.

Privacy Policies for Opt-In Subscribers

Permisio offers services enabling its users to send messages via multiple modes of communications – mobile text, email, and recorded voice message. This privacy policy is for those who received a message from a Permisio user, similar in nature to messages that you may receive from someone who uses Gmail, Yahoo, and other messaging channels. Permisio is dedicated to protecting personal information and will make every reasonable effort to handle collected information appropriately. All collected information will be handled as carefully, securely and efficiently as possible.

If you believe you have received unwanted, unsolicited messages from the Permisio system, please forward a copy of that email with your comments to art@jensenunlimited.com, and Permisio will take an appropriate action. If you received an unwanted instant message, text message, or voice call, please call the Permisio Unsubscribe Hotline at 1-866-866-0009 or read more detailed instructions below.

Information Collection

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

  • Permisio users can collect your first name, last name, phone number, email address, and other custom data when you willingly subscribe to the Permisio user’s Online Sign-up Page (“OSP”).
  • Permisio user can also collect your mobile number when you text the Permisio user’s mobile keyword to Permisio’s short code. 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.
  • Permisio user may have previously collected your contact information on an opt-in basis outside of the Permisio system. The user states that your contact information was collected with your permission and you have consented to receive messages from the user.

Process to Unsubscribe From Permisio

All subscribers have the ability to unsubscribe or change their personal subscription settings at any time.

To unsubscribe for:

  • Email: Click the ‘Unsubscribe’ link located at the bottom of each email. ‘Block’ link removes your contact information and additionally prevents the same list from adding you again.
  • Mobile Text: Text STOP to the short code that you do not wish to receive messages from.
    NOTE: Message and data rates may apply.
  • Voice Broadcasts: Follow the voice instruction/prompt when you receive a broadcast call, asking you to press 7 to unsubscribe from voice broadcast messages. You may also call 1-800-764-3090 to unsubscribe from prerecorded calls.

You may also call the Permisio Unsubscribe Hotline at 1-866-866-0009 to unsubscribe at any time.

If you believe that your contact information was collected by a Permisio user without your consent and would like to report spam, please call 1-866-866-0009. When reporting the offending organization, please include the contact address or number that sent you the spam, the username of the sender, and the message or first few sentences of the message that you consider spam. Permisio has a no tolerance spam policy.

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

Your Privacy

Permisio DOES NOT and IS PROHIBITED to share your name or any contact information (including names, email, instant message screen name, and telephone number) with others except for the very owners of the Online Sign-up pages or the mobile keywords through which you volunteered your information. You have given them (“Permisio users”) explicit permission to send messages to your contact information when you signed up. If the Permisio user added or imported your information without your permission, you can block the user from adding or importing it again. Permisio believes in a spam-free communication environment.
Permisio may use or disclose information about you, including your personal information, under the following circumstances:

  • To provide you with products 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.
  • 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.
  • In response to a subpoena, court order, or other legal process.
  • To establish or exercise our legal rights or defend against legal claims.
  • To share with a company controlled by, or under common control with Permisio for any purpose permitted by our Terms of Use and Privacy Policy.
  • When Permisio 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 Permisio.

When a Permisio user sends you messages, the message may include a web beacon to determine the number of people who open them. When you click on a link, Permisio or its user may record this individual response to customize special offerings to you. Web beacons collect only limited information, such as a cookie identifier, time and date of a page being viewed, and a description of the page on which the web beacon resides (the URL). Web beacons can be refused. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

Our postal address is:
Jensen Unlimited, Inc., 701 Palomar Airport Rd., Suite 300, Carlsbad, CA 92011

Our contact information is +1 (760) 931-4703 or art@jensenunlimited.com.