Effective Date: August 4, 2022
Crocodile Software, LLC (together with its affiliates companies – “Supercharged SMS”, “we”, “our” or “us”) puts great efforts in making sure that the personal data processed by us is safe and used properly, and that our data practices are properly communicated to our customers, users and prospects. This Privacy Policy describes how we collect, store, use and disclose the following types of personal data:
Specifically, this Privacy Policy describes our practices regarding:
If you are our customer, user, visitor or prospect (“you”), please read this Privacy Policy carefully and make sure that you fully understand and agree to it.
You are not legally required to provide us with any personal data, and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (defined below), please avoid any interaction with us including visiting our Sites or using our Services. If you are a user of the Services on behalf of any of our customers, we suggest that you contact your account administrator with any questions.
(i) Customer Data: Our Services provide our customers with a wide verity of tools and features to better manage and optimize their end-users’ experience and interaction with the customer’s online assets.
Certain privacy and data protection laws require that prior to processing personal data, a legal basis for such processing is established. Accordingly, whilst Supercharged SMS supports these laws by providing our customers with features and options for how they use our Services – our customer is solely responsible for determining whether and how they wish to use our Services and such features, and to ensure that the appropriate legal basis for the processing of Customer Data have been established, by the customer, prior to having such data be through the Services.
Supercharged SMS processes Customer Data, and the personal data contained in it, strictly on our customer’s behalf, in accordance with their reasonable instructions and as further stipulated in other commercial agreements with such customer.
Accordingly, to the extent applicable by law, our customer will be deemed the ‘data controller’ (e.g. under the EU GDPR, UK GDPR and similar laws) or “business” (under the CCPA or similar laws) of Customer Data; and Supercharged SMS will be deemed the “data processor” or “service provider” when processing such data.
(ii) Supercharged SMS User Data: User Data we collect and generate includes some or all of the following types of personal data:
Whilst Supercharged SMS may process some User Data on its customers’ behalf, we also use it for our own purposes, as described in Section 2 below. Accordingly, to the extent applicable – our customer will be deemed the “data controller” or “business” with respect to such data which is processed strictly on their behalf; whilst Supercharged SMS will also be deemed an independent and separate “data controller” or “business” with respect to such data. With respect to those portions or copies of User Data that we process on behalf of our customer – we will also be deemed a “data processor” or “service provider.”
(iii) Supercharged SMS Website, CRM & Prospect Data: We collect and generate the following types of personal data concerning our website visitors, customers and prospects:
We collect such data either automatically, through the data subject’s interaction with us or with our Sites or Services; or through third party services, social media, analytics tools, events we organize or participate in, and other business initiatives.
Supercharged SMS processes Customer Data, and the personal data contained in it, strictly on our customer’s behalf, in accordance with their reasonable instructions and as further stipulated in our Data Processing Agreement and other commercial agreements with such customer.
We use Supercharged SMS User Data and Supercharged SMS Website, CRM & Prospect Data as necessary for the performance of our Services; to comply with our legal and contractual obligations; and to support our legitimate interests in providing, maintaining and improving our Services, e.g. in understanding how our Services are used and how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising and selling our Services; providing customer service and technical support; and protecting and securing our customers, users, visitors, prospects, ourselves and our Services.
If you reside or are using the Services in a territory governed by privacy laws under which “consent” is the only or most appropriate legal basis for the processing of personal data as described herein (in general, or specifically with respect to the types of personal data you expect or elect to process or have processed by or via the Services, e.g. ‘special categories’ under the GDPR), your acceptance of our Terms of Service and this Privacy Policy will be deemed as your consent to the processing of your personal data for all purposes detailed in this Policy. If you wish to revoke such consent, please contact us at laura@superchargedsms.com.
Specifically, we use Supercharged SMS User Data and Supercharged SMS Website, CRM & Prospect Data for the following purposes:
We do not sell your personal information for the intents and purposes of the California Consumer Privacy Act (CCPA).
We and our authorized Service Providers (defined below) maintain, store and process personal data in the United States of America and other locations, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law; provided that Customer Data may only be processed in such locations as permitted in our Data Processing Agreement and other commercial agreements with such customer.
While privacy laws may vary between jurisdictions, Supercharged SMS and its affiliates and Service Providers are committed to protect personal data in accordance with this Privacy Policy and customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data is transferred.
We retain Customer Data strictly on our customer’s behalf, in accordance with their reasonable instructions and as further stipulated in our Data Processing Agreement and other commercial agreements with such customer.
We retain Supercharged SMS User Data and Supercharged SMS Website, CRM & Prospect Data for as long as it is reasonably necessary in order to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy.
Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by e-mail at laura@superchargedsms.com.
Legal Compliance: In exceptional circumstances, and except as stipulated otherwise in our Data Processing Addendum and other commercial agreements with you, we may disclose or allow government and law enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services.
Service Providers: We may engage selected third party companies and individuals to perform services complementary to our own. Such service providers include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, fraud detection and prevention services, web and mobile analytics, data enrichment, e-mail and/or SMS distribution and monitoring services, call, session or activity recording and analysis services, remote access services, performance measurement, data optimization and marketing services, social and advertising networks, content providers, e-mail, voicemails, support and customer relation management systems, and our legal, financial and compliance advisors (collectively, “Service Providers”).
These Service Providers may have access to your personal data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such limited purposes as determined in our agreements with them.
Partnerships: We engage selected business and channel partners, resellers, distributors and providers of professional services related to our Services, which allow us to explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences for our prospective and existing customers and Users. In such instances, we may share relevant contact, business and usage details with the respective partner, to allow them to engage with those customers and Users for such purposes. If you directly engage with any of our partners, please note that any aspect of that engagement which is not directly related to the Services and directed by Supercharged SMS is beyond the scope of Supercharged SMS’s Terms and Privacy Policy, and may therefore be governed by the partner’s terms and privacy policy.
Customers and other Users: Customer Data is typically shared and is available to the Users belonging to such customer’s account. Supercharged SMS User Data is shared with the administrator of the customer’s account to which such User belongs (including data and communications concerning such user’s account). In such cases, sharing such data means that the administrator(s) or other users of the same account may access it on behalf of the customer, and will be able to monitor, process and analyze the personal data contained therein. This includes instances where you may contact us for help in resolving an issue specific to a team of which you are a member (and which is managed by the same customer).
Please note that Supercharged SMS is not responsible for and does not control any further disclosure, use or monitoring by or on behalf of the customer, that itself acts as the ‘data controller’ of such data (as further described in Section 10 below).
Protecting Rights and Safety: We may share personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of Supercharged SMS, any of our users or customers, or any members of the general public.
Supercharged SMS Subsidiaries and Affiliated Companies: We may share personal data internally within our group, for the purposes described in this Privacy Policy. In addition, should Supercharged SMS or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, personal data may be shared with or transferred to the parties involved in such an event. If we believe that such change in control might materially affect your personal data then stored with us, we will notify you of this event and the choices you may have via e-mail or prominent notice on our Services.
For the avoidance of doubt, Supercharged SMS may share Supercharged SMS User Data, Website, CRM & Prospect Data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous.
We and our Service Providers use cookies and other technologies for performance, tracking, analytics and personalization purposes. We may share non-identifiable / aggregated extracts of such information with our partners for our legitimate business purposes. Cookies are packets of information sent to your web browser and then sent back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser session. These are the “Session Cookies”. Some last for longer periods and are called “Persistent Cookies”. We use both types. We use Persistent Cookies to remember your log-in details and make it easier for you to log-in the next time you access the Platform. We may use this type of cookies and Session Cookies for additional purposes, to facilitate the use of the Services’ features and tools. Whilst we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, you can manage your cookies preferences, including whether or not to accept them and how to remove them, through your browser settings. Please bear in mind that disabling cookies may complicate or even prevent you from using the Services. You may also use the “Cookie settings” feature available in our Services depending on your location and activity on our Services, as applicable. Please note that if you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may also clear the opt-out cookies installed once you opt-out, so an additional opt-out will be necessary to prevent additional tracking.
We engage in service and promotional communications, through e-mail, phone, SMS and notifications.
Service Communications: We may contact you with information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, log-in attempts or password reset notices, etc. Our customers, and other Users on the same customer account, may also send you notifications, messages and other updates regarding their or your use of the Services.
Promotional Communications: We may also notify you about new features, additional offerings, events, special opportunities or any other information of a promotional nature we think you will find valuable, as our customer, User or prospect. We may provide such notices through any of the contact means available to us (e.g. phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
You can typically control your communications and notifications settings from your Supercharged SMS User profile settings, or otherwise in accordance with the instructions included in the communications sent to you. Please note that you will not be able to opt-out of receiving certain service communications which are integral to your use (like password resets or billing notices).If you do not wish to receive promotional communications, you may notify us at any time by sending an e-mail to: laura@superchargedsms.com, changing your communications preferences in your User profile settings, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.
We and our hosting services implement systems, applications and procedures to secure your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. These measures provide sound industry standard security. However, although we make efforts to protect your privacy, we cannot guarantee that our Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
Individuals have rights concerning their personal data. If you wish to exercise your privacy rights under applicable law, including the GDPR, UK GPDR or the CCPA, such as the right to request access to, and rectification or erasure of your personal data held with Supercharged SMS, or to restrict or object to such data’s processing, or to port such personal data, or the right to equal services and prices (each to the extent available to you under the laws which apply to you) – please contact us by e-mail at: laura@superchargedsms.com
Please note that when you ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal data related to others and to ask you to provide further information to better understand the nature and scope of data that you request to access. Such additional data will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request), in accordance with Section 4 above.
We may redact from the data which we will make available to you, any personal data related to others.
If you would like to make any requests or queries regarding personal data that we process on our customer’s behalf, please contact the customer or the administrator of such customer’s account directly, as they would be the “data controller” of such data (see Section 10 below). Note that if you do contact us in this regard, we may share your communications with the relevant customer and its account users; and that we may also share the contact details of the account administrator with individuals who sent us such a request or query relating to this account.
Certain data protection laws and regulations, such as the EU GDPR, UK GDPR or the CCPA, typically distinguish between two main roles for parties processing personal data: the “data controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA, “service provider”), who processes the data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Supercharged SMS is the “data controller” of Supercharged SMS Website, CRM & Prospect Data. With respect to such data, we assume the responsibilities of data controller (solely to the extent applicable under law), as set forth in this Privacy Policy. In such instances, our Service Providers processing such data will assume the role of “data processor”.
Supercharged SMS is the “data processor” of Customer Data, which we process on behalf of our customer (who is the “data controller” of such data; and our Service Providers who process such Customer Data on our behalf are the “sub-processors” of such data.
Supercharged SMS is both a “data controller” and “data processor” of Supercharged SMS User Data. Such data is processed by Supercharged SMS for its own purposes (as described in Section 2 above), as an independent ‘controller’; whilst those certain portions of it which are included in Customer Data will be processed by us on our customer’s behalf, as a ‘processor’.
Accordingly, Supercharged SMS processes Customer Data strictly in accordance with such customer’s reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with such customer. The customer, as controller of such data, will be responsible for meeting any legal requirements applicable to data controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).
For the avoidance of doubt, each customer is solely responsible for establishing a legal basis for proceeding and providing adequate notice to their account users and customers whose data may be contained in Customer Data – including sufficient reference to the processing of their personal data via the Services, and any other information necessary to comply with all applicable privacy and data protection laws; and to obtain all approvals and consents from such individuals as required under such laws.
Updates and Amendments: We may update and amend this Privacy Policy from time to time by posting an amended version on our Services. The amended version will be effective as of the date it is published. We will provide prior notice if we believe any substantial changes are involved via any of the communication means available to us or via the Services. After such notice period, all amendments shall be deemed accepted by you.
External Links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Services for the website or application of such third parties, and to read the privacy policies of each and every website and service you visit. This Privacy Policy applies only to our Services.
Our Services are not designed to attract children under the age of 16: We do not knowingly collect personal data from children and do not wish to do so. If we learn that a person under the age of 16 is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail at laura@superchargedsms.com.
Questions, concerns or complaints: If you have any comments or questions regarding our Privacy Policy, or if you have any concerns regarding your personal data held with us, please contact us at: laura@superchargedsms.com.
