Privacy Policy

PLEASE NOTE: by using the Services you acknowledge and agree that all personally identifiable information (“Personal Info”) that you submit or that is collected through the Services may be processed by WHATSPER in the manner and for the purposes described in the following Privacy Policy.

As part of our policy, to provide our Services in an honest and transparent way, we wish to inform you about certain types of information we gather about our users for the purpose of providing our Services. In addition, as part of its services to its customers, WHATSPER may have access and/or may receive users’ information which may include personal information, and therefor is referred to as a processor of Personal Info. For that reasons, WHATSPER feels you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This policy applies to all of the software, services, web base application, information, tools, hardware, features and functionality available on the Services and covers how Personal Info that WHATSPER may process, including in respect of any use of the Services, is treated. If you have any questions about this policy, please feel free to contact us at: team@texterchat.com.

We wish to make your experience from our Services satisfying and safe. Your privacy is utmost importance to us. 

You may be WHATSPER’s customer (the “Customer”) or a Customer’s authorized user (the “Authorized User”) or a Customer’s clients, whishing to communicate with the Customer (the “Client”).

INTRODUCTION

This Privacy Policy applies whenever you access any of WHATSPER’s Services, whether its through WhatsApp services or through our WHATSPER system (the “System”). Any terms not defined in this Privacy Policy shall be given the meaning ascribed to them in the Terms of Service.

For your convenience, below are highlights from our Privacy Policy:

• Personal Info we collect, how we collect it, and why
• The legal basis for Personal Info processing done by our Services
• The use of such Personal Info and with whom we share it
• Your rights: How you can access, manage and update your Personal Info
• The choices you can make about how we collect, use, and share your Personal Info
• How we protect your Personal Info

If you do not want us to monitor, collect, store, or use your Personal Info in the ways described in this Privacy Policy, you should not use WHATSPER.

DATA WE COLLECT AND HOW WE COLLECT IT

General

As part of providing WHATSPER, we will process Personal Info to the extent necessary for providing the Services.

If you are our Customer or Authorized User

Personal Info may be collected, combined and used for the purposes of creating Customer accounts, contacting Customers’ contact person as part of our Services, using, maintaining and developing WHATSPER, contacting Customers, providing services and products, sending customer information to Authorized Users, conducting research and creating reports for internal use and Customers’ use.

If you are a Customer’s Client

You may use WHATSPER system while trying to reach one of our Customers or sending such Customer information for receiving its services. By using our system, Personal Info may be processed, collected for the purpose of transferring it to the relevant Customer, combined and used for the purposes of our Customer’s use, according to their own privacy policy. With respect to our Customer’s Clients, WHATSPER is a processor of any information provided by such Clients for the benefit of the relevant Customer. For any further information regarding the process, security and privacy of such information – please contact the relevant Customer as the controller of such information. 

Customer and Authorized User Data

If you are our Customer

For the purpose of using our Services, you will have to create your Account and define Authorized Users. Such a customer account is the Master Account, which required the Customer’s details as:  Customer full name and Company number (if applicable), username, email address and phone number. Upon creating Customer’s master account, Customer may add and define Authorized Users. In such action Customer shall provide us data directly and we will store such Customer and Authorized User Data on our systems and use it for the purposes described in this Privacy Policy. Customer Account-specific information may include:

• Customer full name and Company number (if applicable)
• Authorized User first and last names;
• Customer/ Authorized Users’ e-mail address;
• A password for the master account and for each Authorized User; and
• an Account number that is created in WHATSPER’s system and used to identify each Customer.

If you are a Client of our Customer

You are not requested to have any account in WHATSPER SYSTEM or to use our system or services. You can refuse to use our services and contact the relevant Customer via other means of communication, as set forth by the applicable Customer.

Customer’s, Authorized User’s and Customer’s Clients’ Content

If you are our Customer or Customer’s Authorized User

The content Customer create or link to WHATSPER will be available to Customer and its Authorized Users. We take no responsibility for the accuracy or correctness of Customer Content that you or your Authorized Users may submit within WHATSPER.

Customer may add and define Authorized Users according to its own discretion. Customer has also all the control and discretion regarding maintaining, altering and deleting such information.

Customer shall ensure that it (or he/she) has a right to submit Customer Content as well as the data submitted regarding its (or his / her) Authorized User. Upon request, we will remove any such Customer Content that is claimed to infringe any rights of a third party.

Any request by an Authorized User submitted to WHATSPER regarding any change / altering of Personal Information shall be referred to Customer and handled by it.

If you are Customer’s Client

The content Customer’s Client transfer through WHATSPER’ system belongs to such Client and/or the applicable Customer. It is also saved and secure with the applicable Customer, separated from the content of other Customers. If you wish to alter or amend or delete or inspect such content, please contact the applicable Customer for further instructions, as WHATSPER is the processor of such content only and is able to receive instructions from the applicable Customer only, as the Controller of such content.

Cookies and Automated Information Collection 

We and service providers acting on our behalf, such as Google Analytics, Facebook Pixel, may store log files and use tracking technologies such as: cookies, which are small pieces of data transferred to your computer for record-keeping purposes; and local shared objects, also known as flash cookies, which help us to reduce fraud, remember your preferences and speed up loading times.

We and our service providers may use these log files, tags, and tracking technologies to collect and analyses certain kinds of technical data, including:

• IP addresses;
• the amount of time spent on particular pages and uses of WHATSPER.
• Facebook Pixel
• We will connect this data from your Account.

Customer Support Correspondence

If you are our Customer or Customer’s Authorized User

When you ask for help from our customer support team, we will collect and store the contact information you give them (generally, your name and e-mail address, Authorized User to contact with), information about your activity on WHATSPER, and your Account details. We may also store the communications you have with the customer support team and any information in those communications in order to provide support and improve WHATSPER.

If you are Customer’s Client

If you will approach us via email or any other means of communication, if through WHATPER support team, we will collect and store the contact information you give them (generally, your name and e-mail address, phone number), information about your activity on WHATSPER, the relevant Customer etc. We may also store the communications you have with us and any information in those communications in order to provide support, improve WHATSPER and contacting you with respect to your inquiry.

Anonymous Information

If you are a Customer or Authorized User – It is clarified that the information collected through the System regarding Customer business belongs to you. With respect to Authorized Users Personal information only – as mentioned above, since WHATSPER acts as the processor of the applicable Customer’s information, any inquiry you may have regarding your information shall be referred to Customer and handled by it.

If you are a Customer’s Clients – since WHATSPER acts as the processor of the applicable Customer’s information including Customer’s Clients information, any inquiry you may have regarding your information shall be referred to Customer and handled by it.

Notwithstanding the above, the Company may collect, use and publish Anonymous Information (as defined below), and disclose it to third parties, for providing the Services, improvement, publishing and marketing the System, Web Application, and Services. “Anonymous Information” means information concerning the use of the Web Application, WHATSPER and the Services which does not allow identification of an individual, such as aggregated information and analysis on the patterns of use of the Software and Services. The Company is the owner of all the Anonymous Information collected or received by the Software, Services and Web Application, all in accordance with the Terms of Services and the applicable SOW executed between the WHATSPER and Customer.

LEGAL BASIS FOR PERSONAL INFO PROCESSING

Service Agreement

For the purpose of providing our Services, WHATSPER and the Customer (of which you are an Authorized User) executed a Statement of Work (the “SOW“), which is part of the Terms of Service. According to the SOW, we are obligated to provide such a Customer – the Services (subject to the performance of Customer’s duties under the SOW and the Terms of Service).

In light of the above and only if required, WHATSPER processes Personal Info for the performance of its duties under the agreements between the WHATSPER and the Customer.

For example, as mentioned above, Customer shall define Authorized Users in WHATSPER for the purpose of using the Services. Per such Authorized User WHATSPER will record and maintain Personal Information as: First and Last name, username, email address and phone number. WHATSPER may also contact Customer’s Authorized User in events of emergencies as part of the Services.

Legitimate interest

WHATSPER processes personal information due to legitimate interest as well: as part of our Services we keep on developing, monitoring and analyzing all information received through the use of WHATSPER. Such actions help us to improve WHATSPER and our Services, offer new products and new services to you as well as to change part of the Services in accordance with the use of WHATSPER by our customers. If you regard that your interests or fundamental rights and freedoms override our legitimate interest and require protection of your Personal Info, please don’t hesitate to contact our person defined below.

Consent

Part of our process is done on the basis of your consent

If you are a Customer -You consent to provide us with information regarding emails, authorized users, feedback as well as the use of cookies and other tracking technologies. Regarding the use of cookies and other tracking technologies – please read our notice above on section 2.4.

If you are a Client of our Customers, you use WHATSPER and agree to its Terms of Service and this Privacy Policy, in order to maintain communication with the applicable Customer.

It is important for us to clarify that as a Customer you have the right to withdraw your consent at any time by contacting our contact person detailed below. Notwithstanding, if you are an Authorized User or a Customer’s Client, any withdrawal shall be taken care of according to Customer’s instructions, and such inquiry should be referred to the applicable Customer. Please note that a withdrawal does not, however, affect the lawfulness of processing based on consent before the withdrawal.

Legal Requirements 

We also may process personal information as part of legal requirements WHATSPER needs to obligate. Such legal requirements may include data regards payments methods, invoices, charges, book- keeping and other obligations apply on WHATSPER and its Services due to the applicable law. All data process due to legal requirements shall be stored and kept in accordance with the applicable law.  

HOW WE USE THE DATA WE COLLECT

The main use of the information we collect and store is to provide the Services through our System to our Customers, as well as providing a better service experience to all users of the System. Additional purposes for which we may collect and store your Personal Info include:

• to provide technical support and respond to Customer inquiries;
• to monitor and analyse the use of the Services;
• to protect WHATSPER’s rights and property in connection with the Services;
• to prevent fraud or potentially illegal activities, and to enforce the Terms of Service;
• to notify users of updates, new products or promotional offers;
• to comply with our legal obligations, resolve any disputes We may have with you or other users, and to enforce our agreements with third parties;
• to conduct research.

One important use of your information is communication. If you have provided your email address to us, We will use it to respond to customer support inquiries, keep you informed of your activity, your account etc.

INFORMATION SHARED WITH YOUR ORGANIZATION

If you are an Authorized User of a Customer, and therefore use the Services for an organization, we may have access to your Personal Info and content and may use it subject to the applicable laws and agreements from time to time within the scope of the SOW and terms of Service.

When processing your Personal Info collected and processed in WHATSPER to which the Customer has access, the Customer acts as a controller of the data and you should direct any inquiries in respect of the use of your Personal Info by your Customer to the respective contacts of the Customer.

We shall not be held accountable for any misuse of your Personal Info or the failure to protect it.

INFORMATION SHARED WITH THE APPLICABLE CUSTOMER

If you are a Client of our Customer, and therefore use the Services for communicating with the applicable Customer, we may have access to your Personal Info and content you wish to share with the applicable Customer (as part of the use of our System by the applicable Customer). Such information may be processed by the System as part of the Services to our Customer, subject to the applicable laws and agreements from time to time within the scope of the SOW and terms of Service.

We wish to clarify that Customer acts as a controller of the data with respect to any process and/or collection of your Personal Info and you should direct any inquiries in respect of the use of your Personal Info by your Customer to the respective contacts of the applicable Customer.

We shall not be held accountable for any misuse of your Personal Info or the failure to protect it by the Customer.

HOW WE SHARE YOUR PERSONAL INFO TO THIRD PARTIES

General

We may disclose aggregated information (information about you and other users collectively that is not intended to specifically identify you) and other non- Personal Info about our users for industry analysis, demographic profiling, marketing, analytics, and other business purposes.

Notwithstanding the foregoing, Personal Info may be disclosed to third parties if required under any applicable law or regulation or order by competent authorities, or in order to enforce the Terms of Service and to investigate possible infringing use of the Services.

Your Personal Info, and the contents of all of your online communications in the Services (as well as of your Authorized Users and Clients) and between you and us may be accessed and monitored by us or disclosed to a third party:

• if we have a good faith belief that we have to disclose the information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, or legal process (for example, a court order, search warrant or subpoena);
• to satisfy any laws or regulations that apply;
• where we believe that the Services are being used in committing a crime, including to report such criminal activity or to share information with other companies and organizations for the purposes of fraud protection, credit risk reduction, and other security precautions;
• when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and
• If we become involved in a merger, acquisition, or any form of sale of some or all of our assets.
• to protect the rights or property of WHATSPER and applicable third parties, including to enforce the Terms of Service.

Third-Party Service Providers

We may share your Personal Info with third-party companies to perform services on our behalf, such as analyzing data, hosting services or customer support and service. We contractually require these third-party service providers to maintain the confidentiality of the information we share with them, and we contractually require them to comply with applicable data protection laws as well as to not use your Personal Info for anything other than to provide services on our behalf.

 YOUR RIGHTS: HOW TO ACCESS, UPDATE AND MANAGE YOUR INFORMATION

As a Customer, you have a right to access, update and manage your own Personal Info under the applicable data protection laws. Since WHATSPER is provided as a SaaS solution – as a Customer you may access / alter / delete all Personal Information recorded in WHATSPER, according to your own discretion (and such Authorized User applicable permissions). If you have any problem to exercise any of the rights defined below, please email us at  team@texterchat.com.

Please note, if you are an Authorized User or a Customer’s Client, and you want to review, delete, or change the Personal Info processed by the Customer, through our System, please contact the Customer directly.

We may ask you to provide further information in order to identify you. We will respond to your requests within 30 days.

Accessing and Updating Your Personal Info

As a Customer, you are able to access and updated all information about you in WHATSPER under your own control. You are also entitled to obtain confirmation from WHATSPER on whether or not we process Personal Info about you. You may also have information on our means of processing as well as a copy of the Personal Info undergoing processing. We may charge a reasonable fee based on our administrative costs if you request further copies. 

As mentioned above, if you are an Authorized User or a Customer’s Client, and you want to access or update your Personal Info processed by the Customer, through our System, please contact the Customer directly.

Right to rectify your data

As a Customer, you shall have the right to obtain from us without undue delay the rectification of inaccurate Personal Info concerning you. You may have your incomplete data completed if you provide us with additional information or statement.

As mentioned above, if you are an Authorized User or a Customer’s Client, and you want to obtain your Personal Info processed by the Customer, through our System, please contact the Customer directly.

Right to erasure

As a Customer, if you no longer want us to actively process your Personal Info, you can have us delete your Personal Info if:

• your Personal Info are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
• if you withdraw your consent;
• if you object to the processing and there are no overriding legitimate grounds for the processing;
• the Personal Info have been unlawfully processed; or
• the Personal Info have to be erased for compliance with a legal obligation in applicable law.

If you no longer want WHATSPER to make active use of your Personal Info, you may send an e-mail to privacy@WHATSPER.com Such e-mail shall include “Delete My Account” in the subject line and your first name, last name and e-mail address in the body of the e-mail. Please note that certain records, for example those relating to payments or customer service matters, will be held for legal and accounting purposes.

As mentioned above, if you are an Authorized User or a Customer’s Client, and you want to delete your Personal Info processed by the Customer, through our System, please contact the Customer directly

PRIVACY POLICIES OF LINKED THIRD-PARTY SERVICES

Our Software and Services may contain links to third-party services, which are companies other than WHATSPER that may link to their own websites, online services or applications. We are not responsible for the privacy practices or the content of these third-party services. If you have any questions about how these third-party services use your information, you should review their policies and contact them directly. 

TRANSFERS OF DATA

We may transfer your Personal Info to affiliated entities or to other third parties outside of Israel. 

We ensure that a legal basis for such a transfer exists and that adequate protection for the Personal Info is provided as required by applicable law. We use standard contractual clauses and require that the receiving party uses appropriate technical and organizational information security measures. 

HOW LONG WE KEEP YOUR INFORMATION

We will not retain your Personal Info for longer than is necessary for the defined purpose of the processing of Personal Info or for legal requirements. For instance, we may retain some information for a few years after you have closed your Account if this is necessary to meet our legal obligations or to exercise, defend or establish legal rights. Certain records, for example those relating to payments, will be retained for accounting purposes for six years after the end of the year during which the financial year ended. Information that is not under legal obligation to be retained will be destroyed 2 years after the deletion of the account, unless you or WhatsApp instruct us otherwise. Nevertheless, your feedback regarding WHATSPER may be retain for longer periods, unless you asked us to remove them.

Notwithstanding, since the Customer is the Controller of any information provided by its Clients and Authorized Users, any such information shall be subject to the applicable Customer’s policies regarding duration of record keeping, and such inquiries shall be handle by it and to be referred directly to Customer. 

 SECURITY OF YOUR INFORMATION

We implement technical and organizational security measures to help protect the security of your Personal Info both online and offline. We follow generally accepted industry standards to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of Personal Info. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Info, we cannot guarantee its absolute security. 

• We strive to maintain the reliability, accuracy, completeness and currency of Personal Info that we collect and to protect the privacy and security of our users. We keep your Personal Info only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
• We limit access to Personal Info about you to employees, contractors and agents who we believe reasonably need to come into contact with that Personal Info. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
• We have physical, electronic, and procedural security measures and safeguards to reasonably protect Personal Info. Our servers and our databases are protected by industry standard security technology, such as industry standard firewalls and password protection.
• We use AWS’ and Google’s services in order to perform the Services, including providing the software and processing all information through it is.  Such service providers provide high industry standards with regards to measures of security. For Google’s privacy policy go to https://cloud.google.com/security/privacy. For AWS privacy policy go to https://aws.amazon.com/privacy/. In the event we wish to change such subcontractor we shall strive to receive the services from a service provider who adheres and applies suitable measure accordance with the applicable law. 
• Although we cannot guarantee against any loss, misuse, unauthorized disclosure, alteration or destruction of data, we try to prevent such unfortunate occurrences.
• Your Account information is protected by the password you use to access your Account. It is important that you protect and maintain your Account’s security and that you immediately tell us of any unauthorized use or suspected unauthorized use of your Account. If you forget the password to your Account, WHATSPER allow you to request that instructions be sent to you that explain how to reset your password.

If you have questions about the security of our websites, please contact us at  team@texterchat.com

RESIDENTS OF THE EUROPEAN ECONOMIC AREA (“EEA”)

If: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, WHATSPER is subject to the Israeli Law and its regulations. We do not process the information according to the General Data Protection Regulations apply in such areas and you and your Clients should not use our services.

Notwithstanding, if you are located in the EEA, and you have decided to use WHATSPER services, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, or limit the use of your personal data. If you are a customer or a visitor of WHATSPER websites, or a user of WHATSPER System and wish to exercise these rights, please reach out to us using the contact information below. Nevertheless, please note that as a Client of our Customer or as an Authorized user – we serve as a processor on Customer behalf, and can only forward your request to them. Therefore, you should interacted with such Customer directly and allow them to respond.

Additionally, if you are located in the EEA, we note that we are generally processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above, unless we are required by law to obtain your consent for a particular processing operation.

CHANGES TO THE PRIVACY POLICY

If we decide to make material changes to this Privacy Policy, we will tell you, your Authorized Users by placing a notice on texterchat.com/privacy, or by sending you a notice to the e-mail address we have on file for you prior to the change becoming effective. We may supplement this process by placing notices on other WHATSPER Software. You should periodically check texterchat.com/privacy and this Privacy Policy for updates.

CONTACT US

If you have any questions, comments or concerns regarding the Privacy Policy or practices, please send an e-mail to team@texterchat.com