Privacy & Terms of Use

PRIVACY

Iris Mobile Corporation is committed to respecting the privacy rights and concerns of visitors to this website and its affiliated websites (the Sites), as well as users of our services, such as sending text or video messages via our equipment and systems (the Services). We have established and implemented this Privacy Policy so that you can understand how we use and protect the information we collect through the Sites and use of our Services.

By visiting the Sites or using any of the Services, you consent to Iris Mobile’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy.

Please also read the Terms of Use governing the use of the Sites and the Services.

Information We Collect, and How We Use It
Iris Mobile collects personal information that you voluntarily provide to us, and collects or creates other data that is not tied to your personal information. The following describes the type of information we collect and how we collect it.

Information You Explicitly Give Us
If you use the Sites or the Services to send a SMS or MMS message, you must provide us with the mobile phone number of the recipient.

If you are a commercial client or potential client, you will need an account in order to use the Services. In order to create, access, and maintain that account, you will need to provide us with an email address and password.

We collect information via web forms for some of our clients so that they can later use the Services or their own communications tools to communicate with you. While each client is different, they may ask for name, mobile phone number, gender, age or date of birth, zip code, email address, or other such information.

If you send us an email, text message, or other communication, it might contain personal information such as an email address or phone number. Our use of that personal information is subject to this Privacy Policy.

If you sign up for additional services, such as an email newsletter, you may need to provide additional information to us. We may engage a third party to deliver those services, and we will need to share that information with them in order to deliver the service. We will only involve third parties that commit to following this Privacy Policy – see “Sharing of Information” below.

Information You May Not Know You Give Us
When you use the Services – such as texting in a keyword such as sale to a one of our shortcodes — we collect your mobile phone number (so that we can deliver the content you are requesting) and information about your phone (so that we can format the content properly).

When visiting our websites, your browser may download small files called “cookies.” Like many websites, we use cookies to recognize you, personalize your experience, and to help us understand how our visitors use the site. We do not receive or record any personal information in the cookies we use. Most web browsers automatically accept cookies, but you may choose to change your browser to block cookies or to notify you when you are sent a cookie. If your browser does not to accept cookies, you may not be able to use some of the Services.

Third parties who display information on the Site, such as advertisers, may place their own cookies on your computer. Those cookies are controlled by those third parties and are not covered by our Privacy Policy.

Information We Generate Internally
When you send a text or video message through the use of the Services, we may access the content of these messages and retain these messages in order to process your request to transmit the message.

We remove personally identifiable information and aggregate data about the messages for reporting purposes.

Our servers automatically record information that your browser sends when you visit the Sites. This information includes your numeric Internet Protocol address, your operating system, and your browser type and version. In addition, we record data about activity on the Sites, such as page requests, date and time, sources of traffic, and files downloaded. None of this data personally identifies you.

Information We Obtain from Third Parties
We work with third parties to collect the information necessary to deliver and bill for messages sent using the Services. The data we exchange includes the name of your wireless services carrier, the recipient’s wireless services carrier, their handset model, and the price of the message, if there is one. We may retain this data in non-personally identifiable form (so your name, if we have it, won’t be linked to the transaction) and analyze it in aggregate in order to respond to customer service issues and to improve our product.

We may rely on third parties to collect and / or analyze website visitor statistics and log file information generated by our systems.

We may collect non-personally identifiable information from marketing and content partners related to the performance of their content on the Site.

Other Third Parties Who Receive Your Information
Any third party involved with the delivery of text or video messages via our Services may have access to some of your information. This may include your ISP, when you submit information over the web; other data networks over which your information travels; our colocation partners, who run our servers; any ‘content delivery networks’ we use to speed delivery of content; mobile ‘aggregators’ who deliver information from Iris Mobile to the mobile carriers; your mobile carrier; and the recipient’s mobile carrier. Some of these, such as your mobile carrier, may have their own independent access to personal information about you.

The personal information that you provide to us is stored on servers which are located in secured collocation facilities with restricted access and which are protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to Iris Mobile employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Services. All Iris Mobile personnel who have access to this information are trained in the maintenance and security of such information.

However, Iris Mobile can not protect user information all along the delivery chain. No server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Services. You acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems and those of our service providers.

Sharing of Information
In general, we will not share your personal information with third parties without your consent, subject to the exceptions in this Privacy Policy.

We may share the personal information we collect from you with others under the following circumstances:

Our Clients
If you provided information in order to receive communications from one of our clients, such as a mobile phone number or information you filled out on a web form that we host, we may share that information with that specific client at their request.

Clients have online access to aggregated (anonymous, non-personally identifiable) information about their messages: number sent, delivered, date and time, keywords used, sending and receiving area code, and similar information.

Potential Clients, the Press, and Public

We may share demographic and other anonymous information in aggregated (i.e., not personally identifiable) form with third parties such as clients, prospective clients, industry trade groups, and the press. This anonymous information may include, for example, trends, preferences, and other collective characteristics of our users. Disclosure of this information serves to help us and our marketing partners evaluate and tailor our communications, advertisements, services and general business practices to the needs of users of the Services.

Service Providers

We may share your personal information with service providers that we engage for the purpose of processing and / or delivering information to you. These may include third parties that we use to send:

  • promotional and other messages that you have opted to receive from us or our clients,
  • messages to you in response to your request to perform an activity in connection with your use of any of the Services or
  • newsletters, special offers or information about updates of the Services that you have opted to receive. We require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

Protection of rights

We will share your personal information if we have a good faith belief that:

  • access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities,
  • such action is appropriate to enforce the Terms of Service for the Site, including any investigation of potential violations thereof,
  • such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Services, or
  • such action is appropriate to protect the rights, property or safety of Iris Mobile, its employees, users of the Services or others.

Asset transfers

Changes in our business may result in a merger, acquisition or other transaction involving the sale of some or all of Iris Mobile’s assets, including the personal information we collected from you through the Sites or your use of the Services. If Iris Mobile or substantially all of its assets are acquired, customer information will be one of the assets transferred to the acquirer.

Communicating With You
We may send you email, text messages, or other communication in order to contact you:

  • Deliver messages you signed up for by texting in to one of our shortcodes or filling in a web form;
  • Contact you about matters related to your account;
  • To reply to a message (email or some other communication) that you sent to us;
  • If you have elected to receive certain types of email from us, such as a newsletter;

If one of our third party service providers needs to contact you in order to resolve a problem – for instance, if a carrier failed to deliver a Iris Mobile to you. Such providers must agree not to otherwise contact you and to not share your e-mail address or other personal information without your permission. Subject to the information elsewhere in this Privacy Policy, we will not share, sell, rent, swap or authorize any third party to use your personally identifiable information without your permission.

Opting Out of Receiving Communications from Us
You may opt out of receiving future communications by doing one of the following:

  • Follow the opt out directions included in the messages we send (for text messages, simply reply STOP);
  • Send us a request either via email, via our web site, or in writing to our contact information.

We may choose not to fulfill any request that we determine is unreasonable, unduly burdensome or impractical or that constitutes a threat to the privacy or rights of others.

Third Party Sites
This Privacy Policy is only applicable to Iris Mobile’s Sites and Services and not to any other websites or services, whether you access it from our Sites or not. Although we encourage third parties, such as our clients, to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of those other companies or contact their respective Webmasters to obtain information regarding their information collection, use and disclosure policies.

Children’s Privacy
Our Sites are intended for general audiences and no portion of them is directed to children under the age of 13. We do not collect personal identifying information from any person we actually know is a child under the age of 13. If we learn or have reason to suspect that a user of the Sites is under 13 years of age, we will promptly delete any personal information we have collected through the Sites relating to that user.

Effective Date and Changes
This Privacy Policy is effective as of December 1, 2011. We reserve the right, at any time, to add to, change, update or modify this Privacy Policy by placing the changes on this page. We will provide no other notice to you. Any such change, update or modification will be effective immediately upon posting the revised Privacy Policy on the Site. It is your responsibility to review this page from time to time to ensure that you continue to agree with all of its terms.

Mediation
You also agree that, in the event any dispute or claim arises out of or relating to your use of the Sites or the Services or this Privacy Policy that you and Iris Mobile will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Chicago, IL with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

 TERMS OF USE

The following terms of service apply to all visitors to or users of this website. By using the site, you agree to these terms of use; if you do not agree, do not use the site. Iris Mobile reserves the right to change these terms of service from time to time at its sole discretion. In the case of any violation of these rules and regulations, Iris Mobile reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the Iris Mobile website, both now and in the future.

Limited License
As long as you comply with these Terms of Use, Iris Mobile grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Iris Mobile hereby authorizes you to copy materials published by Iris Mobile on this website solely for non-commercial use within your organization in support of Iris Mobile products and services. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Iris Mobile or any third party. The contents of this site are protected by copyright. Except as specifically permitted herein, no portion of the information on this website may be reproduced in any form, or by any means, without prior written permission from Iris Mobile. Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes. The trademarks, logos and service marks (“Marks”) displayed on this website are the property of Iris Mobile or other third parties. Users are not permitted to use these Marks without the prior written consent of Iris Mobile or such third party which may own the Mark. “Iris Mobile” is a registered trademark of Iris Mobile Corporation.

Use of this Site
Iris Mobile reserves the right to bar any activity that circumvents the navigational structure or presentation of the site, including “deep-linking”, “page-scraping”, “robots”, “spiders” or other automatic device, program, algorithm or methodology.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Iris Mobile device or service, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Iris Mobile’s systems or networks, or any systems or networks connected to the Site or to Iris Mobile.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Iris Mobile on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use.

Cookies
A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a unique ID that the site uses to track the pages you’ve visited. The only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites. Some parts of the Iris Mobile website use cookies to track user traffic patterns. We do this in order to determine the usefulness of the website to our users and to see how effective our navigational structure is in helping users reach that information. Iris Mobile does not correlate this information with data about individual users, nor does it share this information or sell it to any third party.

If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use any area of the website.

Third Party Content
This website may contain links to third party sites. Access to any other Internet site linked to this website is at the user’s own risk and Iris Mobile is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Iris Mobile provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

General Disclaimer
Although Iris Mobile has attempted to provide accurate information on the website, Iris Mobile assumes no responsibility for the accuracy of the information. Iris Mobile may change the programs or products mentioned at any time without notice. Mention of non-Iris Mobile products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

All information provided on this website is provided “as is” with all faults without warranty of any kind, either expressed or implied. Iris Mobile and its suppliers disclaim all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and noninfringement or arising from a course of dealing, usage, or trade practice.

Iris Mobile shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this site or any Iris Mobile product or service, damages resulting from use of or reliance on the information present, even if Iris Mobile has been advised of the possibility of such damages.