Notify AnyWhere - Privacy Policy and Terms & Conditions (or Terms of Use)

 

 

Privacy Policy


We give extreme importance to your privacy and that is the reason we have such a strict privacy policy. It is our policy to respect your privacy and the privacy of all users of Notify anywhere web and mobile App. This Privacy Policy has been established to help you understand our commitment to protecting your privacy and personal data, and the steps we take to ensure it. By visiting and/or using any of the Services, you agree to be bound by the terms of the present Privacy Policy (the "Privacy Policy") and to answers in our Frequently Asked Questions ("FAQ") if they apply.

Be assured that your personal information such as phone number or email address, under no circumstances will be shared with third parties. We keep Notify anywhere data secured, safe and encrypted at all times, however for all illegal and unauthorized access to the data may invoke legal action from us. Please note that Notify anywhere cannot be held responsible, in case of hacking or unauthorized access occurred to the data. Please also read our Terms and Conditions for complete privacy policy.

 

 Personal information we may collect and use:


Registration and Logged-in Users

When you first register for a Notify Anywhere account we collect some personal information about you including but not limited to:
your full name, username, and email address in connection with your account and your log-in facility, the geographic area where you use your computer and mobile devices.

A unique Notify anywhere Registration ID (an alphanumeric string) is assigned to you upon registration

 

When you link a Supported Platform such as facebook, google etc. to your Notify Anywhere account, we may access other information related to your social profiles. When that occurs, a prompt will appear to seek your permission to be able to access that information by Notify Anywhere. Please note Flipger is our brand providing social media management platform.

As a registered user of Notify Anywhere, we also collect and store the information that you voluntarily enter, save and want us to store into Notify Anywhere applications database like groups, friends, contacts etc. information.

 

Children

Protecting the safety of children when they use the Internet is very important to us. Our Services should only be accessed by individuals of Minimum Age. "Minimum Age" may mean different ages in different countries, depending on where the individual accesses the services. For reference, "Minimum Age" shall mean (a) 13 years old for the United States, Canada, and India; and (b) 13 years old for all other countries. However, if applicable law requires that you must be older than such ages in order for us to lawfully provide the Services to you (including the collection, storage, and use of your information in accordance with this Privacy Policy), then the Minimum Age would be such older age. The Services are not designed nor intended for use by children or anyone else under the age of 13.


Facebook Privacy

When you add/link your Facebook account to our application, we may access some information related to your social profiles, facebook groups and/or pages. When that occurs, a prompt will inform you of the details that will be accessible by Notify AnyWhere.
When you revoke access to your Facebook account from our system, our application immediately ceases to make calls to Facebook on your account.
The only purposes for which we access your Facebook account is for publishing the updates that you schedule for your Facebook account and/or analyzing your posts to suggest you the best optimal time, reach out and user engagement analysis information. Please note: Flipger is our brand providing social media management platform.


Other Disclosures

In addition to the disclosures reasonably necessary for the purposes identified elsewhere in this privacy policy, we may disclose information about you:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
(d) to the purchaser or seller (or prospective purchaser or seller) of any business or asset which we may (or may contemplate) sell or purchase.
Except as provided in this privacy policy, we will not provide your information to third parties.

 

Security of Your Personal Data

We will take reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet or an unauthorized/illegal access or misuse of data.
You are responsible for keeping your password confidential. We never ask you for your password.


Policy Amendments

We may update this privacy policy from time-to-time by posting a new version on our website. It is your responsibility to check this page occasionally to ensure you are happy with any changes.

 

 

 

Terms and Conditions (or Terms of Use) Agreement


This agreement is written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. By creating the account with this mobile or web app you agree to its Terms and Conditions and to answers in our Frequently Asked Questions ("FAQ") if they apply.


Date of Last Revision: October 26, 2018. 

Statement of Rights and Responsibilities 
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the Notify anywhere Principles, and is our terms of service that governs our relationship with users and others who interact with Notify anywhere via app or web. By using or accessing Notify anywhere, you agree to this Statement, which is updated from time to time.It is your responsibility to check this page occasionally to ensure you are happy with the changes in our terms and conditions and terms of use. 


Privacy: Your privacy is extremely important to us that is the reason we have a strict privacy policy. You must agree with our privacy policy before you use or access Notify Anywhere.

 

1. Sharing Your Content and Information

You own all of the content and information you upload/post/save/publish on or via Notify anywhere server(s), and you can control how it is shared or used through your own actions or app ( web app and mobile app ) functionality. This app acts like a tool that provides the control to you to operate and use its functions. You on your own discretionary, if decide to make voice call(s) , send SMS/text  or post/share/publish messages on social media; the app will simply follow your instructions. Please note that app does not store any of your third party applications login information. Please note that Facebook, Twitter, Linkedin, Google Plus, Instagram  and Pinterest are third party applications and are registered trademarks of Facebook Inc, Twitter Inc, Linkedin Corporation, Google Inc, Facebook Inc, Pinterest Inc. respectively. We hold no responsibility to the terms and conditions and privacy policy of these third party applications. Notify Anywhere app is just a tool that uses the features and functionality of other applications and provide the way to make voice calls or voice broadcasts, send SMS/Text or SMS broadcast, share/send/post notifications/messages via these other applications.

With Notify Anywhere (via our brand Flipger) , users may be able post/schedule to multiple social media networks without the hassle and inconvenience of having to log in and out of all your social media accounts. Please note: 

  1. When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  2. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. We cannot be held responsible on any of the actions of these third party applications/companies in regards to your data.
  3. When you call/publish/send notifications, messages, content or information using this app, it means that you are allowing everyone or the recipient, to access and use that information, and to associate it with you.
  4. We always appreciate your feedback or other suggestions about Notify anywhere, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

2. Safety

We do our best to keep Notify anywhere ( and all the data stored on its servers) safe and secure, but we cannot guarantee it. We need your help to keep Notify anywhere safe, which includes the following mandatory commitments by you ( this applies to using any of our brand products, our websites, data, apps and all of our products and services)

  1. You will not make call, post/send unauthorized commercial communications (such as spam) using Notify anywhere. It is recommended to disable Group messaging when sending text to multiple recipients via Notify anywhere. Please read our FAQ to know the steps to disable group messaging.
  2. You will not collect users content or information, or otherwise access Notify anywhere, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our and users prior permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Notify anywhere.
  4. You will not upload viruses or other malicious code via and on Notify anywhere.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user, audience or anyone using Notify anywhere
  7. You will not make call, post/send content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  8. You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes ("promotion") on Notify anywhere. For getting Promotions guidelines please send an email to support@notifyanywhere.com with subject Terms on promotions/sweepstakes.
  9. You will not use Notify anywhere to do anything unlawful, misleading, malicious, or discriminatory.
  10. You will not do anything that could disable, overburden, or impair the proper working or appearance of Notify anywhere, such as a denial of service attack or interference with page rendering or other Notify anywhere functionality.
  11. You will not facilitate or encourage any violations of this Statement or our policies.

3. Registration and Account Security

Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not use Notify anywhere for sending/posting/registering any false personal information, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal/Business account.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use Notify anywhere if you are under age 13.
  5. You will not use Notify anywhere if you are a convicted sex offender.
  6. You will keep your contact information accurate and up-to-date.
  7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  8. You will not transfer your account to anyone without first getting our written permission.
  9. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a users actual name).
  10. By accepting our Terms and Conditions you agree to receive our promotional and informational emails.
  11. You will not make any unauthorized payments to Notify Anywhere. You will not use any unauthorized payment method which includes but not limited to paypal account, credit card information, bank information, debit card information on Notify anywhere.

4. Protecting Other Peoples Rights

We respect other peoples rights, and expect you to do the same.

  1. You will not make calls, post/send messages/notifications/content or take any action using Notify anywhere that infringes or violates someone else rights or otherwise violates the law.
  2. We can remove any content or information you post/save on Notify anywhere if we believe that it violates this statement or our terms or policies.
  3. We are just a tool and cannot be held responsible for your own actions. You must, on your own protect your intellectual property rights when using Notify anywhere.
  4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  5. If you infringe other peoples intellectual property rights, we will disable your account when appropriate.
  6. You will not use our copyrights or trademarks (including Notify anywhere, the Notify AnyWhere and our Logos, Brands like Flipger and any of our products and services), or any confusingly similar marks without our prior written permission.
  7. If you collect information from users, you will: obtain their consent, make it clear, you (and not Notify anywhere) are the one collecting their information, and must post a privacy policy explaining what information you collect and how you will use it.
  8. You will not post/publicize anyone's identification documents or sensitive financial information on or using Notify anywhere.
  9. You will not send email notifications or broadcast message ( Text or Voice) to any person without their written permission using Notify anywhere. Notify anywhere cannot be held responsible for your actions if you broadcast or send marketing messages/notifications and/or other messages/notifications without the recipients written permission/authorization.
  10. Notify anywhere cannot be held responsible for your actions. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter, share or broadcast via Notify anywhere.

5. Mobile and Other Devices

  1. We currently provide our mobile services for free, but please be aware that your carriers normal rates and fees, such as text messaging and data charges, will still apply.
  2. In the event you change or deactivate your mobile telephone number, you will update your account information on Notify anywhere within 48 hours to ensure that your messages are not sent to the person who acquires your old number or presuming it is you who are still using that number sending the messages ( voice/text).

6. Special Provisions Applicable to Software

  1. If you download or use our software, such as a stand-alone software product, website, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
  2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

7. Termination

If you violate the letter, terms, policy or spirit of this Statement, terms, policy, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Notify anywhere services to you. We will try to notify you by email or at the next time you attempt to access your account (if possible). You may also delete your account or disable your application at any time. We keep all the rights to terminate your account anytime for any reason without any notice. We also keep the rights to delete all your account related information at anytime for any reason without any notice.

 

8. Disputes

  1. If anyone brings a claim against us related to your actions, content or information on or via Notify anywhere, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users actions on Notify anywhere and are not responsible for the content or information users transmit or share using Notify anywhere including Voice/Text Broadcast, social media posts etc. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter via Notify anywhere. We are not responsible for the conduct, whether online or offline, or any user of Notify anywhere.
  2. We try to keep notify anywhere up, bug-free, and safe, but you use it at your own risk. We are providing notify anywhere as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that notify anywhere will always be safe, secure or error-free or that notify anywhere will always function without disruptions, delays or imperfections. Notify anywhere is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

9. Definitions

  1. By "Notify AnyWhere or Notify anywhere" we mean the features, products, brands, logo and services we make available through this app, website and any other Notify anywhere branded or co-branded websites/mobile app (including sub-domains, international versions, widgets, and mobile versions);
  2. By "information" we mean facts, notifications, messages, and other information about you, anyone or generic in nature, including actions taken by users and non-users who interact with Notify anywhere.
  3. By "content" we mean anything you or other users post/send via Notify anywhere (including during voice/text broadcast) that would not be included in the definition of information.
  4. By "data" or "user data" or "users data" we mean any data, including a users content or information that you or third parties can retrieve from Notify anywhere or provide to Notify anywhere through Platform.
  5. By "post/send or make call(s) or send Text/SMS or sending Voice/Text broadcast" we mean making outbound call(s), sending Voice Messages, Text/SMS messages, Voice/Text/SMS Broadcasts, SMS/Text/Voice broadcast schedules, post/send, publish on any Social Media account via Notify anywhere or otherwise make available by using Notify anywhere.
  6. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  7. By "application or app or apps" we mean any of our ( including our branded and co-branded) application, product, software, mobile apps, mobile application, tablet apps, tablet application or website.  

10. Other

  1. This Statement/agreement/terms makes up the entire agreement between the parties regarding Notify anywhere ( and all its brands and co-brands), and supersedes any prior agreements.
  2. If any portion of this Statement/agreement/terms is found to be unenforceable, the remaining portion will remain in full force and effect.
  3. If we fail to enforce any of this Statement/agreement/terms, it will not be considered a waiver.
  4. Any amendment to or waiver of this Statement/agreement/terms must be made in writing and signed by us.
  5. You will not transfer any of your rights or obligations under this Statement/agreement/terms to anyone else without our consent.
  6. All of our rights and obligations under this Statement/agreement/terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  7. Nothing in this Statement/agreement/terms shall prevent us from complying with the law.
  8. This Statement/agreement/terms does not confer any third party beneficiary rights.
  9. We reserve all rights not expressly granted to you.
  10. You will comply with all applicable laws when using or accessing Notify Anywhere.

11. Comply with FTC (United States Federal Trade Commission) and TSR (Tele-Marketing Sales Rule) Requirements


You MUST comply with all the FTC and TSR requirements before voice broadcasting any calls or sending any Texts/SMS.  

You MUST comply with Telephone Consumer Protection Act (TCPA) and the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act. Read below articles and check out FCC website before registering and scheduling/sending any text or making any outbound call using Notify Anywhere and make sure you comply with the FTC guidelines. 

https://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf

https://www.fcc.gov/consumers/guides/stop-unwanted-robocalls-and-texts

https://www.consumer.ftc.gov/articles/0350-text-message-spam

https://www.fcc.gov/general/can-spam

https://www.fcc.gov/document/fcc-strengthens-consumer-protections-against-unwanted-calls-and-texts

https://www.consumer.ftc.gov/articles/0038-spam

https://www.fcc.gov/

https://www.donotcall.gov



The FTC bans on pre-recorded telephone calls for solicitation purposes unless the solicitor has received a prior, written and signed agreement from the call recipient.  Some exceptions for pure information (non-solicitation) calls are permitted.


 ALL OUR USERS MUST ENSURE THAT FOR ANY TELEMARKETING CALLS THAT SOLICIT BUSINESS OR SERVICES OR NEW DONORS, THAT THE USERS HAVE PRIOR, EXPRESS WRITTEN CONSENT TO RECEIVE TEXT/SMS or PRE-RECORDED VOICE CALLS FROM THE PROPOSED RECIPIENT. Detailed information can be found on the FTC website.


 Customers using our services/software to Voice Broadcast/send Text/SMS for solicitation/outbound lead generation or for any other reason, MUST ENSURE data lists are Opt-In to receive pre-recorded voice/SMS/Text from the particular company/individual in the form of written consent, including the person's phone number and signature/Address. The written consent must be specific to agreeing to receive pre-recorded voice calls/Texts from the particular company. Written consent obtained in compliance with E-SIGN will satisfy the requirements of the law. For example, agreements obtained via an email or website form, telephone keypress, or voice recording. Any agreement obtained pursuant to E-SIGN must be sufficient to show that the consumer: (1) received clear and conspicuous disclosure of the consequences of providing the requested consent : i.e., that the consumer will receive future calls that deliver prerecorded messages and (2) having received this information, agrees unambiguously to receive such calls at a telephone number the consumer designates.


Keep and use Do-Not-Call (DNC) list


Individual/Companies are also required to keep their own do-not-call list.  This allows consumers to opt out of future calls made by the organization/individual.

https://www.donotcall.gov

Who is required to access the DNC Registry?


Any company/individual engaged in telemarketing to the public is required to maintain its own SAN number to gain access to the DNC registry and to update the scrub list every thirty-one days. The few exceptions are non-profits, a pure market research survey company, political organizations, or companies with an existing business relationship or written agreement to call/send texts/SMS or solicit. All of our users must use DNC registry when making calls or sending Text/SMS using Notify anywhere to not send any Text/SMs or make any calls registered in the DNC registry.


More Information


PLEASE NOTE THAT THIS IS NOT INTENDED TO BE ALL INCLUSIVE OR PROVIDE LEGAL ADVICE.  YOU SHOULD CHECK WITH YOUR OWN ATTORNEY PRIOR TO ENGAGING IN TELEMARKETING UTILIZING PRE-RECORDED VOICE/TEXT/SMS OR ENGAGING IN ANY TELEMARKETING CAMPAIGN.



Please note that the terms Robocalls and Voice Broadcast are used interchangeably in the Notify Anywhere app and on our website. Both of these terms refer the same functionality.

2018 Notify Anywhere. All rights reserved.
Patent Pending

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