Privacy Policy

Introduction

Last Updated: June 4, 2020

Welcome! You have arrived at a messaging and communication platform and service that is operated by Pharos Journal, LLC, (“PHAROS” or “we,” “our” or “us”). This “Privacy Policy” governs your use of our messaging platform and also applies to your use of all services, features, mobile applications, databases, websites (www.pharosjournal.com), content, downloads and other services that we make available through our platform (collectively, the “Service”).

PHAROS is primarily a business to business service provider whereby PHAROS provides notification, messaging, and journaling services that allows PHAROS, and paid and other approved subscribers, such as athletes, celebrities, brands, influencers and others (each, a “Customer” and collectively, our “Customers”) to contact and send messages and information to their fans or followers (“users”, “you” or “your”) through mobile text messaging services, voice messaging and other mobile communication systems. Our Privacy Policy explains our data collection practices when collecting, storing and or using data on behalf of users and our Customers.

If you received a message delivered by PHAROS because one of our Customers uses our Service and you wish to opt-out from receiving messages, please see Section 13 below. This Privacy Policy does not apply to the information practices of our Customers.

In addition, please review the Service’s Terms of Use, which governs your use of the Service. By using our Service, you consent to our Privacy Policy and Terms of Use and our collection, use and sharing of your information and data, and other activities, as described below. To the extent we provide you notice on our Service of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall apply to such data collection and use in addition to this Privacy Policy, and shall govern in the event of any conflict.

The Full Detailed Privacy Policy

‍1. What Information Do We Collect?

Information You Provide to Us. On the Service, we, or our service providers, may ask you to provide certain types of information such as: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, email address, and mobile phone number (as well as for a credit card number and other billing information for Customers who purchase a subscription) (“Personal Information”); and (2) demographic information, such as zip/postal code (“Demographic Information”). We may collect this information through various forms and in various places on the Service, including through “contact us” forms, if you sign up to receive messages from Customers or if you purchase a subscription to use the Service as a Customer or when you otherwise interact with the Service. We obtain Personal Information and Demographic Information from you as part of our operation of the Service.
Information We Collect and Store As You Access and Use the Service. In addition to any Personal Information or other information that you choose to submit to us via our Service or we obtain as a service provider to our Customers, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect and store certain information whenever you visit or interact with our Service or messages sent through our Service (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Service. Usage Information may be non-identifying or may be associated with you. This Usage Information may include::

your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier;
your Device functionality (including browser, operating system, hardware, mobile network information);
the URL that referred you to our Service;
the areas within our Service that you visit and your activities there, including remembering you and your preferences;
your Device location;
your Device characteristics; and
certain other Device data, including the time of day, among other information.

We may use various methods and technologies to collect and store Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies, include, without limitation, the following (and subsequent technology and methods later developed):

Cookies. A cookie is a data file placed on a Device when it is used to visit the Service. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies, go to Adobe’s website www.adobe.com. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Service may not function properly, and that when you revisit our Service your ability to limit cookies is subject to your browser settings and limitations.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Service’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page, message or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Service, to monitor how users navigate the Service, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Service, and is deactivated or deleted thereafter.
Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash and/or HTML5 cookies.
Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).

We may use Tracking Technologies for a variety of purposes, including:

Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our Service, including cookies required to prevent fraudulent activity, improve security or allow you to make use of Service functionality.

Performance-Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Service, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Service.

Functionality-Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Service, including identifying you when you visit our Service or keeping track of our specified preferences, including in terms of the presentation of content on our Service.
Targeting Related. We may use Tracking Technologies to deliver content relevant to your interests on our Service and third-party sites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that have been delivered to you.

There may be other Tracking Technologies now and later devised and used by us in connection with the Service and we may otherwise obtain Usage Information when operating and/or administering a messaging campaign on behalf of our Customer. Further, third parties may use Tracking Technologies in connection with our Service and our Customers’ campaigns, which may include the collection of information about your online activities over time and across third-party websites or online services. We may not control those Tracking Technologies and we are not responsible for them. However, you consent to potentially encountering third-party Tracking Technologies in connection with use of our Service, our Customers’ campaigns and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties.

Information Third Parties Provide About You. We may receive information about you from your friends and others that use the Service, such as when they submit your information to us about you. If you provide us with the information of another person, you must have their consent to do so. Additionally, we may, from time to time, supplement the information we collect directly from you on our Service with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from those sources with your Personal Information we collect on the Service, it will be treated as Personal Information and we will apply this Privacy Policy to such combined information, unless we have disclosed otherwise. To the extent permitted by applicable law, in no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties.
Interactions with Third-Party Services. The Service may include functionality that allows certain kinds of interactions between the Service and your account on a third-party website, application or other service. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. For example, we may provide third-party sites’ interfaces or links on the Service to facilitate your sending a communication from the Service. For example, we may use third parties to facilitate emails, Tweets or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy. PHAROS may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on our Service.
Information You Provide About a Third Party. You may send someone else a communication from the Service, such as sending an invitation to a friend. If so, the information you provide (names, email addresses, mobile number, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Service, your email address, mobile number, name or user name and message may be included in the communication sent to your addressee(s). If you provide us with the information of another person, you must have their consent to do so.
California / Delaware Do Not Track Disclosures. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.

2. How Do We Use the Information Collected?

We may use your Personal Information, Demographic Information or Usage Information for various business purposes, including:

to provide the mobile marketing services to our Customers that we have specifically been engaged to provide as a service provider. This allows you to receive text messages and other communications from those of our Customers you have opted-in to receiving communications from;
to process transactions or provide users of our Service with information, such as to send electronic newsletters;
to improve the Service, our Service offerings and our Customers’ campaigns;
to customize each user’s experience or to serve users specific content or ads that our Customers believe are relevant to that user;
to provide customer support;
to enable you to participate in a variety of the Service’s features;
to contact you with regard to your use of the Service and, in our discretion, changes to the Service and/or Service’s policies;
to improve the overall experience at the Service;
to recontact you if we have not heard from you in awhile;
to perform analytics, quality control, market research and determine the effectiveness of the Service;
to develop new products and services;
for internal business purposes; and
for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

3. How and When Do We Disclose Information to Third Parties?

We may share non-Personal Information, such as aggregated user statistics, with third parties, including our Customers. Further, we may share your Device Identifiers with third parties along with data related to you and your activities. Other than our Customers, we will not share or sell your Personal Information with third parties for marketing purposes without your consent. If you are a California resident, you have the right to request additional information about our sharing with Customers, so please see Section (3)(f) below. In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy. We may disclose your information as follows:

When You Request Information From or Provide Information to Third Parties. You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools apps or ads on our Service or link to them from our Service. This may include using third party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third party practices. It may also include ordering or purchasing products from third parties through us where we indicate that the third party rather than us is the seller. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
Third Parties Providing Services on our Behalf. We may use third-party vendors to perform certain services on behalf of us, the Service or our Customer’s, such as: (i) to assist us in operations; (ii) to manage a database of customer information; (iii) hosting; (iv) designing and/or operating features; (v) tracking activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third party technologies or activities arising out of them. For example, we and our third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie). We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.
Administrative and Legal Reasons. We may access, use, preserve, transfer and disclose your information (including Device Identifiers and Personal Information) to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Service’s Terms of Use or other policies applicable to the Service, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Service or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues or other illegal activities. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law. Such disclosures may be carried out without notice to you.
Affiliates and Business Transfer. We may share your information, including your Device Identifiers, Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Service that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.

4. Your California Privacy Rights

This Section applies to any California residents about whom we have collected personal information from any source, including through your use of our Service or by communicating with us electronically, in paper correspondence, or in person. Any terms defined in the CCPA have the same meaning when used in this Section 4. This Section only applies to non-California residents as may be required by applicable state law in your state of residence.

What Personal Information We Collect?

We have collected the following categories of personal information from consumers within the last twelve (12) months:

Category A: Identifiers.

Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

Collected: YES

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Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Collected: YES

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Category C: Protected classification characteristics under California or federal law.

Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Collected: YES

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Category D: Commercial information.

Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Collected: YES

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Category E: Biometric information.

Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Collected: NO

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Category F: Internet or other similar network activity.

Examples: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

Collected: YES

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Category G: Geolocation data.

Examples: Physical location or movements.

Collected: YES

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Category H: Sensory data.

Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

Collected: YES

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Category I: Professional or employment-related information.

Examples: Current or past job history or performance evaluations.

Collected: NO

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Category J: Non-public education information. (per the Family Educational Rights & Privacy Act) (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)

Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Collected: NO

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Category K: Inferences drawn from other personal information.

Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Collected: NO

Personal information does not include:

Publicly available information from government records.
De-identified or aggregated personal information.

Information excluded from the CCPA’s scope, like:

health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Sources of Collected Personal Information

We may collect personal information from the following categories of sources:

From you, including via our websites, mobile applications, telephone, text message, postal mail, social media, forums, message boards, chatbot, or other means;
Our service providers, which includes customer relationship management providers, analytics providers, hosting providers, systems administrators, and communications delivery services;
Nonaffiliated companies with which we have a business relationship, which includes our Customers;
Other third parties, which includes analytics service providers and other websites and mobile applications, online advertising partners, and other data suppliers;
Things that other third parties may post publicly about you or otherwise provide to us; and
Employees and job applicants.

What Do We Do With Your Personal Information?

We use the personal information we collect from you for all of the business purposes outlined in Section 2 above. In the last twelve (12) months, we have not sold your personal information for monetary or other valuable consideration. ‍

Who We Share Personal Information With?

We may share your personal information with the following categories of third parties for a business purpose:

Service Providers or other strategic partners;
Nonaffiliated companies with which we have a business relationship, such as our Customers;
Third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business assets or stock (including in connection with any bankruptcy or similar proceedings); and
Other parties described in Section 3 above.

We may share all of the personal information (the categories of personal information we collect are identified in Section 4(A) above) we collect from all of the categories of sources of personal information (these are the sources identified in Section 4(A) above) with all of the categories of third parties (these are the categories of third parties identified in this Section 4(D) for all of the business purposes outlined in Section 2.

Your Privacy Rights

If you are a California resident, subject to applicable law, you have the following rights under California law with respect to your personal information:

Right to Know. You may have the right to request what personal information we collect, use, disclose, and/or sell, as applicable and request the information be provided to you in a portable format.
Right to Delete. You have the right to request the deletion of your personal information that is collected or maintained by us.
Right to Opt-Out of Sale. We do not sell your personal information but to the extent we were ever to change this policy, you have the right to request to be opted out from any future sales of your personal information by us. This opt-out will not change your preferences with respect to the receipt of marketing and other communications from PHAROS. Information about modifying your communication preferences is set forth in Section 12 below.
Right to Non-Discrimination. You have the right not to be denied goods or services, charged different prices or rates for goods or services, or receive a differing level of quality of goods or services as a result of exercising the above rights.
Right to request information regarding third party direct marketing. We may elect to share information about you with Customers for our Customer’s direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this law applies to you, you may obtain the categories of personal information shared by us and the names and addresses of all third parties that received personal information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2020 will receive information about 2019 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. To make such a request (limit one request per year), please send an email to: [email protected] with “California Privacy Rights” as the subject line. You must include your full name, email address, and postal address in your request.

Exercising Your Rights

If you are a California resident and wish to seek to exercise any of the rights in Section 4(E) above (other than your right to request information regarding third party direct marketing which must follow the process set forth in the last bullet above), please reach us in one (1) of the following ways:

Fill out our California Consumer Rights Request Form, available here
[email protected]
2602 N 58th Place, Scottsdale, AZ 85257 (Attn: Legal)

You may also authorize someone to exercise the above rights on your behalf provided we can verify that individual is authorized to act on your behalf. If we have collected information on your minor child, you may exercise the above rights on behalf of your minor child.

The above rights are subject to our being able to reasonably verify your identity and authority to make these requests. These rights are also subject to various exclusions and exceptions under applicable laws. You may only make a verifiable consumer request for access or data portability twice within a twelve (12)-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We may deny your deletion request if retaining the personal information is necessary for us or our service providers to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve (12)-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing yourrequest.

Non-Discrimination

We will not discriminate against you for exercising any of your rights. Unless permitted under applicable law, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

5. What About Information I Disclose Publicly or to Others?

User Content and Public Information. The Service may permit you to share or otherwise submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, information about your location, questions, comments, suggestions or other content including Personal Information (collectively, “User Content”). We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that PHAROS does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service.
Name and Likeness. We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit to the Service, please review our Service’s Terms of Use.

6. Do Third-Party Content, Links to Third-Party Sites and/or Third-Party Apps Appear on the Service?

The Service may contain content, links or apps that are supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Service are served to you for their own commercial purposes. In addition, when you are on the Service you may be directed to other sites and apps that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites or apps and they may be tracking you across multiple online services and may be sharing the results of that tracking with us and/or others. These third parties may have their own terms of service, privacy policies or other policies and ask you to agree to the same. For example, if you “click” on a link, the “click” may take you off the Service onto a different location. These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal Information, and may or may not have their own published privacy policies. We are not responsible for these third-party privacy policies or the practices of third-party parties. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications. We also encourage you to note when you leave our Service and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.

7. How Do I Change My Information?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. You may to provide updates and changes to your Personal Information by contacting us via email at [email protected]. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons.

You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails or in some cases by logging into your Service account and changing your communication preferences. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Subsequent or different subscriptions will be unaffected. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and Service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications. If you have any questions about the Privacy Policy or practices described in it, you should contact please contact us via email at [email protected].

8. What About Transfer of Information to the United States?

Our Service is operated in the United States and intended for users located in the United States and Canada. If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Service or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy; provided, however, if you are located or a resident of the EU, please review Section 13 below as we process your data consistent with the requirements of the GDPR (defined below) or if you are located or a resident of Canada, please review Section 14 below.

9. What Should Parents Know About Children?

The Service is a general audience platform and we do not knowingly collect any personal information from children younger than the age of thirteen (13) as required by U.S. and other applicable law. We will delete any personal information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personal information to us, please contact us via email at [email protected].

10. What About Security?

We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service and provide us with your information at your own risk.

11. What About Changes to the Privacy Policy?

We reserve the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Service indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected Personal Information in a manner materially different than indicated at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

12. Information on Opt-out of Campaigns for our Clients’ Users

Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. You may opt-out from receiving messages from a Customer at any time by texting “STOP” to an individual Customer’s unique 10 digit number. To opt-out from the Service entirely and all Customers which you receive text messages and/or calls from, please send an email to [email protected] and specify that you want to opt out of text messages and/or calls or both. You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days (or ten (10) business days where required by law) to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. You may also request assistance at any time by texting “SUPPORT” or emailing us at [email protected]. We will send you a SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us unless you opt-in to a different campaign. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. As always, message and data rates may apply for any messages sent to you from us and to us from you.

13. Supplemental Privacy Notice For Residents of Canada

This Supplemental Privacy Notice provides additional or modifying information on how we manage personal data that we receive from residents of Canada. These rights may be limited in some circumstances by local law requirements.

Data Retention Period

We will keep your personal data only as long as is reasonably necessary for the purposes described in this Privacy Policy or such longer period as may be required by applicable law. Personal information may be accessed by persons within our organization, or our third party service providers, and other third parties described in this privacy policy, who require such access to carry out the purposes described in this privacy policy, and such other purposes as permitted or required by applicable law.

Right to Withdraw Consent

We would like your consent to collect, use and share your personal data for the purposes and in the manner described herein, including in order to contact you and provide you with promotional communications. Nonetheless, we want you to know that you have choices and can refuse or withdraw your consent. In the event that you have already consented to the collection, use and/or disclosure of your personal data, you may subsequently “opt out” at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our Privacy Officer at [email protected]. Our Privacy Officer will also be able to provide you with more information regarding the implications of withdrawing consent. You may also choose to limit how we use your personal data by not allowing us to share such information with third parties by e-mailing us at [email protected]. This may prevent or restrict your use of the Service.

Access to or Change Personal Data

You have a right to request access to your personal data and to request a correction to it if you believe it is inaccurate. If you have submitted personal information to us and would like to have access to it, or if you would like to have it removed or corrected, please contact us using the contact information provided below. We may require you to verify your identity before we allow you to access your personal information. Please note that, in some cases we may not be able to allow you to access certain personal information in certain circumstances, for example if it contains personal information of other persons, or for legal reasons. In such cases, we will provide you with a reasonable explanation of why it is not possible to grant access to your personal information. We reserve the right not to change personal information if we disagree that it is incorrect, but we will append your requested alternative information.

You are entitled to request access to, and, if necessary, correct your personal data collected by us. In order to make such a request, please contact our Privacy Officer in writing at [email protected]. You can also contact our Privacy Officer for any questions about or to make any complaint in relation to the Privacy Policy, as well as to PHAROS’s privacy practices in general.

Additional Information

For residents of Canada, you may only use send-to-a-friend functionality to send an invitation to people with whom you have had direct voluntary two way communications, and with whom it is reasonable to conclude you have a personal relationship considering shared interests, experiences, opinions and other relevant factors, or who are family members to whom you are related by marriage, a common-law partnership, or parent-child relationship.

Contact Us

All requests to exercise your rights, or inquiries about your personal data should be made to the Privacy Team/Legal Department at [email protected] or by writing to: PHAROS, Attn: Privacy Department, 2602 N 58th Place, Scottsdale, AZ 85257.

14. Your Nevada Opt-Out From Sale of Personal Information Rights

PHAROS does not directly sell personal data for monetary compensation but reserves the right to change this policy in the future. Nevada S.B.220 allows Nevada residents to opt-out of the sale of their personal data. If you are a Nevada resident we want you to know that you have choices and can opt-out of PHAROS selling your personal information after the date you opt-out by contacting us at [email protected]. This may prevent or restrict your use of the Service in the future.