Defiant Global Communications (“Defiant,” “we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy applies to our business customers (“Customers”) and Message Recipients (defined below) and explains how your personal information is collected, used, and disclosed by DEFIANT This Privacy Policy applies to our website, DefiantGlobal.com, and our web and mobile apps (collectively, our “Service”). Defiant Global Communications is a business to business service provider whereby Defiant Global Communications provides notification and messaging services that allows our Customers to contact and send messages and information to their message recipients (“Message Recipients”) through mobile text messaging services. Customers generally use the Services via their agents and administrators, who are individuals designated by the Customer; a Customer’s agents send and receive the messages on behalf of the Customer, and a Customer’s administrators administer the Service on behalf of the Customer.  Our Privacy Policy primarily explains our data collection practices when collecting, storing and or using data on behalf of our Customers as a service provider.  If you are an individual Message Recipient who received a message from a Customer through Defiant Global Communications and you wish to learn about how Defiant Global Communications collects and uses your data, please see Section 1.2 below. If you wish to opt-out from receiving additional messages, please see Section 5 below.

By accessing or using our Service, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy, our Terms & Conditions Policy which can be found on our website, and your Order Form and associated agreement (as applicable). “You” or “your” means an authorized user on the Service associated with a Defiant Global Communications Customer account and may include (without limitation), an employee, agent, volunteer, or administrator of Customer.

1. WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE?

1.1 The categories of information we collect can include:

• Information you provide to us directly. We may collect personal information, such as your name, administrator/agent names, mobile phone numbers, location, payment information, email address, and other information about your company/organization when you register for our Service, sign up for our mailing list, or otherwise communicate with us.  Customers also generally provide the full name, short name, phone number, and email address of their agents and administrators. We may also collect any communications between you and Defiant Global Communications and any other information you provide to DEFIANT

• Information collected through your use of the Service. We collect information about how you use the Service, your actions on the Service, and content you post to the Service, including information on Message Recipients (e.g., names, phone numbers and group designations) and their contact information, messaging scripts, photos and videos you post to the Service, and any other content you provide through other functionalities of the Service (“User Content”).  Please remember that Defiant Global Communications may, but has no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property. By using the Service, you consent to the recording, storage, and disclosure of such communications you send or receive for these purposes.

• Text message content and related metadata. We collect certain data about your messages and the content of your messages with Message Recipients, such as the content of messages you send and receive, message timestamps, message length, reply rates other statistics and metadata (“Text Message Data”).  We use this Text Message Data for our internal purposes such data analysis, fraud prevention, developing and improving our Service, and identifying usage trends.  For example, we may build recommendations into our Services based on aggregated and anonymized Text Message Data.  Note that any messages you send that are transmitted via Defiant Global Communications may be accessible by certain third-party organizations, such as cellular networks and SMS gateway services, that may be used to transmit the messages. These organizations may have their own rules, policies, and security measures controlling who has access to messages transmitted through their services.

• Information we receive from third parties. From time to time, we may receive information about you or Message Recipients from third parties and other users. We may also collect information about you that is publicly available, or if you share information with us via a social network (such as “liking” us on a social media site), in accordance with the terms of those sites.

We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages and push notifications, or invite others to join the Service. We may also send you Service-related emails or messages (e.g., account verification, updates to features of the Service, technical and security notices). We may also use this information for our internal business purposes, such as data analysis, audits, fraud prevention, developing new products, services, and/or features, improving our Service, identifying usage trends, and determining the effectiveness of our Service.  For more information about your communication preferences, see “Control Over Your Information” below.

1.2 CCPA Disclosures. The California Consumer Privacy Act of 2018 (“CCPA”), expected to take effect on January 1, 2020, is anticipated to require certain companies to make disclosures about which Personal Information, as defined in the current version of the CCPA (“Personal Information”) is collected, and shared or sold with third parties. In the spirit of a forward-thinking approach towards compliance with CCPA’s privacy policy disclosure requirements, this section sets forward the categories of Personal Information collected, shared, and sold by Defiant Global Communications.

• Categories of Personal Information Collected: Customers provide information, including Personal Information of Message Recipients, to Defiant Global Communications via their customer relationship management (“CRM”) integration with the Defiant Global Communications Platform, by uploading the information in a CSV file, or by entering it directly in the Defiant Global Integration’s Platform.

• What Defiant Global Communications Collects at a Minimum: Message Recipient Personal Information provided to Defiant Global Communications varies by the Customer and depends on what they transfer from their CRM/CSV file to the Defiant Global Communications Platform, but this information at a minimum always includes the Message Recipient’s first name, last name, and telephone number. In addition, Defiant Global Communications obtains the IP Address of the Customer’s admin & agent users, as well as the agent’s unique phone device IDs. Customers also generally provide the full name, short name, phone number, and email address of their agents and administrators.  This information is collected by Defiant Global Communications solely to provide its Services to Customers and to improve and enhance its Service.

• Other Information Defiant Global Communications Might Collect. In addition to the above, Customers may provide Defiant Global Communications with additional Message Recipient Personal Information by manually entering it into a “custom field” or creating a “tag” within the Defiant Global Communications Platform.  Again, this depends on what a particular Customer decides to provide but may include (a) postal address; (b) limited education information in certain circumstances (limited to school attended or field of study); (c) characteristics of protected classifications under federal law; and (d) professional or employment-related information.  Defiant Global Communications may use this information to draw inferences from the categories identified in this section to create a profile about a Message Recipient reflecting the Message Recipient’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, or attitudes.  Defiant Global Communications may also may collect browsing behavior and device and browser metadata, as well as metadata about voice calls.

• Personal Information Shared: In the course of using the Services, Customers are able to sync, and control the movement of, Personal Information between the Customer-operated platforms on which Personal Information resides (e.g., CRM platforms and other third-party services and platforms) (“Customer-Operated Platforms”) and the Defiant Global Communications Platform.  As a result of this back-and-forth movement of Personal Information at the Customer’s behest, Defiant Global Communications by definition shares this Personal Information with the Customer-Operated Platforms and therefore with the entities that own and control these platforms. For example, a Customer may take Personal Information residing within a CRM platform (such as a Message Recipient’s name and phone number) and share it with the Defiant Global Communications Platform so it may contact that Message Recipient via the Defiant Global Communications Platform. Later, that same Customer may take that Message Recipient’s Personal Information, along with relevant information pertaining the Customer’s interaction with the Message Recipient via the Services (such as whether the Message Recipient opted-out, interacted, etc.) and sync that Personal Information back into the CRM platform. By enabling Customers to perform these activities and other similar Communications, Defiant Global Communications must share the Personal Information with the Customer-Operated Platforms. This is the business purpose for Defiant Global Communications sharing Personal Information.

• Personal Information Sold to Third Parties: Defiant Global Communications does not sell or share any Personal Information to any third party

• 2. HOW WE USE COOKIES AND OTHER TRACKING CONTENT

We, and our third-party partners, automatically collect certain types of usage information when you visit our Service, read our emails, or otherwise engage with us.  We typically collect this information through a variety of tracking technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar technology (collectively, “tracking technologies”).  For example, we collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp (a unique ID that allows us to uniquely identify your browser, mobile device, or your account), and other such information.  We also collect information about the way you use our Service, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, how frequently you access the Service, whether you open emails or click the links contained in emails, whether you access the Service from multiple devices, and other actions you take on the Service.  When you access our Service from a mobile device, we may collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), AdID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.

We use or may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) recognize and contact you across multiple devices; (d) provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Service; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our Service.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies.  Please note that doing so may negatively impact your experience using the Service, as some features and services on our Service may not work properly.  Depending on your mobile device and operating system, you may not be able to delete or block all cookies.  You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

We and our third-party partners may also use cookies and tracking technologies for advertising purposes.  For more information about tracking technologies, please see “Third Party Tracking and Online Advertising” below.

3. SHARING OF YOUR INFORMATION

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Control Over Your Information” section below.

We may share your personal information with:

• Other companies and brands owned or controlled by Defiant Global Communications, and other companies owned by or under common ownership as Defiant Global Communications, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns.  These companies will use your personal information in the same way as we can under this Privacy Policy;

• Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, providing mailing services, providing tax and accounting services, web hosting, or providing analytics services;

• The public when you provide feedback on our Service.  For example, if you post user content on our blog or comment on our social media sites, your information, such as your first name, last initial, state of residence, and your comments, may be displayed on our Service or on our social media pages;

• Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings.  In such event, Defiant Global Communications will endeavor to direct the acquirer to use and protect and use your personal information in a manner that is consistent with the privacy policy in effect at the time such personal information was collected; and

• Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms & Conditions of Use, please see Terms & Conditions Policy on our website to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Defiant Global Communications, our visitors, or others.  This is subject to the terms of our Customer Notification Policy set forth in Section 8 below.

We may also share information, including User Content and Text Message Data, with third parties and other Defiant Global Communications Customers in an aggregated or otherwise anonymized form, such as aggregated user statistics, that does not reasonably identify you or your Message Recipients directly as individuals.  Please see the “Control Over Your Information” section for more information.

4. CONTROL OVER YOUR INFORMATION

How to control your communications preferences. You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. In addition, if a Customer receives a promotional text from Defiant Global Communications, that Customer may opt-out of future promotional texts by texting “STOP” in response.  We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices). Customer’s agents and administrators who no longer wish to perform the agent or administrator functions can contact the particular Defiant Global Communications Customer and request removal from groups.

Deleting Customer information. Unless otherwise agreed in writing, upon Customer’s request, Defiant Global Communications will delete all Defiant Global Communications Customer production data, including personally identifiable information uploaded to the Service by that Defiant Global Communications Customer.  We may not be able to delete your information in all circumstances.  For example, we may retain and use your information as necessary to comply with our legal obligations, resolve disputes, or enforce our agreements. Defiant Global Communications may also retain a secure, encrypted copy of Customer Data for up to one year after termination pursuant to Defiant Global Integration’s standard archiving and back-up procedures and policies.

5.MESSAGE RECIPIENT OPT-OUT OF CUSTOMER MESSAGES THROUGH DEFIANT GLOBAL COMMUNICATIONS

We offer services enabling our Customers to send text messages through our Service. This Section discusses how individuals who receive a message from a Defiant Global Communications Customer may opt-out of receiving messages from any particular Defiant Global Communications Customer Campaign.  To unsubscribe from any Defiant Global Communications Customer texting campaign, Message Recipient recipients may text “STOP,” “UNSUBSCRIBE” or similar words or phrases as a response to the sender or contact us via email at info@DefiantGlobal.com.  In the event the Message Recipient uses the Service with multiple Defiant Global Communications Customers, we may send the Message Recipient a follow-up message to clarify which Customer from whom the Message Recipient would like to stop receiving messages. Message Recipients may also email us at info@DefiantGlobal.com  in the event they believe that a Defiant Global Communications Customer has added their information in error or without their permission. Please note that opt-outs are tracked separately for each Defiant Global Communications Customer, so unsubscribing from one Defiant Global Communications Customer will not unsubscribe you from communications from another Defiant Global Communications Customer.

To restart receiving text messages from a Defiant Global Communications Customer, Message Recipients may text START to the Customer’s short code or long code.  In the event Message Recipients use the Service with multiple Defiant Global Communications Customers, we may send an automated message to clarify which customer the Message Recipient wants to restart receiving messages and calls from. Standard message and data rates apply.

6. THIRD-PARTY TRACKING AND ONLINE ADVERTISING

If you visit our website, you should note that we participate in interest-based advertising and may use third party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We permit third party online advertising networks, social media companies and other third party services, to collect, information about your use of our Sites over time so that they may play or display ads on our Sites, on other websites, apps or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies. We may share a common account identifier (such as an email address or user ID) or hashed data with our third party advertising partners to help identify you across devices. We and our third party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.

To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at http://www.aboutads.info/choices. You may also be able to set your browser to delete or notify you of cookies by actively managing the settings on your browser or mobile device.  Please note that some advertising opt-outs may not be effective unless your browser is set to accept cookies.  Furthermore, if you use a different device, change browsers or delete the opt-out cookies, you may need to perform the opt-out task again.

You may also be able to limit certain interest-based mobile advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android).

We may also utilize certain forms of display advertising and other advanced features through Analytics, such as Remarketing with Analytics, Display Network Impression Reporting, and Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Sites.  You may control your advertising preferences or opt-out of certain advertising products by visiting your Preferences Manager, or by vising NAI’s online resources at http://www.networkadvertising.org/choices.

7. HOW WE STORE AND PROTECT YOUR INFORMATION

Data storage and transfer: Your information collected through our Service may be stored and processed in the United States, Canada or any other country in which Defiant Global Communications or its parent, subsidiaries, affiliates, or service providers maintain facilities. If you are located in other regions with laws governing data collection and use that may differ from U.S. or Canadian law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

Data retention: We will retain your personal information only for as long as reasonably necessary to maintain the Service, to meet legal and accounting obligations, and for the purposes described in this Privacy Policy.  We may anonymize and/or aggregate personal information, including User Content and Text Message Data, and store it in order to analyze aggregate metrics and trends.

Keeping your information safe: We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Service.  However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

8. CUSTOMER NOTIFICATION POLICY

Civil Legal Processes: Defiant Global Integration’s policy is to notify Customers upon receipt of a civil subpoena demand of their account information or any associated data stored with Defiant Global Integration.  A two week wait period must transpire before disclosure of any information.  Defiant Global Communications will advise the Customer that the information will be disclosed unless Defiant Global Communications is in receipt of a document seeking a court-approved protective order prior to the date on which Defiant Global Communications must legally comply with the demand.  Defiant Global Communications will notify Customers upon receipt of legal process.

Fees for Civil Subpoena Processing: Defiant Global Communications charges a fee for the processing of civil subpoenas, as authorized under 18 U.S.C. § 2706 in the United States and has a similar fee in Canada. This fee is set at $200/hour and will be the equivalent in Canada based on the days Bank of Canada rate, with a two hour minimum per response. In addition, a per-subpoena fee of $50 per Customer whose data is requested shall be charged. No charge shall be required relating to matters involving the distribution of child pornography or any act of child endangerment.  Furthermore, no charge shall be required to investigate matters dealing with abuse of Defiant Global Communications’ services to harass, abuse or intimidate any person; provided this situation is documented when a response is requested. Defiant Global Communications reserves the right to require payment in advance, to withhold delivery of information until payment is received and to seek enforcement of charges. Non-binding estimates can be provided to the requesting parties. For an estimate, please email info@DefiantGlobal.com with the requisite documentation and entitle the subject “Estimate Request.”  However, entities that fail to pay charges must serve process by the registered agent within the appropriate state and requests for expedited response will not be granted.

Criminal Legal Processes: Defiant Global Communications will notify Customers upon receipt of criminal legal process seeking information about their accounts and/or data unless prohibited by law.  Should Defiant Global Communications receive any indefinite sealed legal process prohibiting notification of a Defiant Global Communications Customer, including a national security letter gag, Defiant Global Communications will invoke statutory procedures to have a judge review.

Defiant Global Communications does not and will not provide User Content or data without a valid search warrant. Please note: If an emergency situation that presents a clear and present danger to life, or legal process prohibits notification; Defiant Global Communications will notify Customer after emergency has ended, or once suppression order expires.

9. CHILDREN’S PRIVACY

Defiant Global Communications does not knowingly collect or solicit any information from anyone under the age of 13 on this Service. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible.  If you believe that we might have any information from a child under 13, please contact us at info@DefiantGlobal.com.

10. LINKS TO OTHER WEB SITES AND SERVICES

The Service may contain links to and from third-party websites of our business partners, advertisers, and social media sites and our users may post links to third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third-party sites.

11. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please contact us at info@DefiantGlobal.com.

12. CHANGES TO OUR PRIVACY POLICY

We may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, so you should review this page periodically. When we change the policy in a material manner, we will let you know and update the ‘last modified’ date at the bottom of this page. If you object to any changes, you may close your account. Continuing to use our Service after we publish changes to this Privacy Policy means that you are consenting to the changes.