Terms of acceptable use

The Identidad virtual SMS platform service is subject to the following acceptable use terms:

Scope of Service and Acceptable Use:

Identidad is the proprietary owner of the Switchray Virtual SMS Campaign Platform offered to clients connected with a variety of SMS campaign management functions.   Included in these functions is the ability of the platform to support the client’s campaign usage of text messages, or Short Message Service (SMS), through Switchray’s platform on an Infrastructure as a Service (IaaS) basis. Identidad does not offer such services for any particular or independent purpose outside of supporting its clients. It does not retain or use message content, addresses, or message responses for its own commercial purposes.  Information uploaded or entered on the Identidad platform is strictly the client’s property and at the client’s control. Switchray undertakes no liability or responsibility for the proper use of SMS campaigns by the client and advises the client to establish its own policies related to its particular use of the system’s functionality where and when advertising through the Switchray Virtual SMS Campaign Platform.  Our service is intended only for the management of SMS Campaigns. To the extent that the platform may be possibly deemed an ATDS under U.S. law and regulation, it is herein disclosed that the Platform is not the sender of any SMS texts on behalf of the client and that all messages sent are done through independent providers. Acceptable use of the Switchray Virtual SMS Campaign Platform is subject to the following:

1. Any illegal use of the Virtual SMS Campaign Platform or any SMS sent in combination with the platform is strictly prohibited in the form of messages containing any sexual, racist, or discriminatory content. Any such usage may be considered harassment to an individual or an organization and shall be a basis for Identidad to suspend or terminate your User Account. 

2. You are solely responsible for the privacy and storage of your username and password for accessing the Virtual SMS Campaign Platform. All purchases made from the Platform interface through your account are final. 

3. You agree that all activities, which can be traced to your username and password, are deemed as having been performed by yourself and are legally binding to you. You accept responsibility for your message content and all requisite consumer consents in accordance with generally applicable laws over you and your activities. Switchray does not assume any liability for the content of messages sent. You exempt and hold armless the Switchray Platform from any claim that may arise from third parties as a result of message content. You are to be held solely responsible. Switchray Platform reserves the right to exclude you from using its platform service for improper or illegal use. 

4. You acknowledge that Switchray offers SMS bundle messages packages for its Platform Users via major telecommunications companies and mobile network providers and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed by the above-mentionedsent are done through independent providers. Acceptable use of the Switchray Virtual SMS Campaign Platform is subject to the following: providers. SMS messages submitted via the Platform will be transferred to such telecommunication companies as well as to the addressed mobile recipients in due course, provided that the recipient’s phone is switched on and located in an area covered by his subscribed mobile network provider. You acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.  Any errors in transmission shall be available from the Platform’s Results interface through your account. 

5. The Switchray Platform neither claims nor guarantees either availability or performance of message delivery. While Switchray Platform makes every effort to ensure the message bundles deliver promptly, Switchray Platform accepts no liability for transmission delays or message failures. 

6. Switchray Platform debits SMS messages used by you according to its transmission logs. These logs are deemed correct and valid statements of the account even if the customer has objects against the correctness of it as accounting records, except if Switchray investigation into the matter produces evidence of technical problem or error on the Platform. The SMS pricing scheme is published on the Switchray Platform through your account, along with any applicable taxes or fees that may be charged for usage. 

7. Your SMS bundle account balance is non-refundable and does not bear interest.  It is offered and accepted on a use-or-lose basis.  All SMS bundles have an expiry of six (6) months unless the client makes further purchases of SMS bundles, wherein the expiry is extended another six (6) months. 

8. In accordance with the legal requirements, usage data of bundles is recorded for the necessary purposes of maintaining the messaging service. 

9. You use the service entirely at your own risk. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Platform, compliance with the U.S. TCPA, compliance with federal or provincial rules and regulations over advertising and claims made in advertising. 

10. Your process (e.g., collect, store, alter, use or make available) the personal data relating to any mobile end-user, only on the basis of explicit written consent from the mobile end-user.  You are responsible for obtaining this consent and confirming this on all contacts and campaigns you manage using our platform. 

11. You guarantee every mobile end-user the right to object to your processing of personal data relating to the mobile end-user and processed for the purposes of direct marketing. 

12. In general, you shall under no circumstances send SMS to mobile end users for the purposes of direct marketing from randomly generated mobile numbers (spamming or TCPA violations). In particular, you shall not address the mobile end users with SMS inviting the mobile end-user to call back a premium rate number. 

13. You guarantee, warrant, and agree that the content of any SMS is always respecting and not in any way in conflict with the fundamental human rights recognized in any national legislation applicable to our business and in the International Convention for the Protection of Human Rights and Fundamental Freedoms (e.g., the right to privacy, the prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinions, national or social origin. 

14. You guarantee, warrant, and agree that you will delete or mark as outdated from your account contact database the records of the mobile number relating to certain mobile numbers of end-user upon who have requested the removal or revoked their consent to continue receiving SMS messages from you. You understand and agree that the mobile end-user has the right to submit such a request to you at any time after receiving a message and that, you will comply with all such consumer requests and revocations as a part of your responsibilities in using our system. 

15. Upon request, you will provide Switchray Platform written proof of your compliance with our undertakings according to these Terms of Acceptable Use. 

16. Notwithstanding the provisions in the contract between you and Switchray for the Virtual SMS Campaign Platform, should you breach of your undertakings according to this Statement, you acknowledge the right for Identidad Platform to immediately suspend, limit or terminate your access to Identidad Virtual SMS Campaign Platform and any campaign information therein. In case any claim is brought against Identidad Platform from any third party due to your breach of the undertakings statement herein, you shall indemnify and reimburse Identidad Platform all liabilities, costs, losses, and damages relating to such claim provided.

By your use, and continued use, of the Switchray Virtual SMS Campaign Platform, you hereby agree to all the foregoing Terms of Acceptable Use and understand that it supplements any and all terms and conditions in your Virtual Platform Service Agreement with Switchray and any and all consents and/or verifications marked within the Platform as to campaign jurisdiction, prior written consents obtained from consumers and disclaimers of service by Switchray.

Regular Update of Acceptable Use Terms with Terms of Service Updates:

These Acceptable Use Terms were last updated on January 3, 2017, and shall be revised every three (3) months for policy changes and corrections to electronic contracts and posting at switchray.com All Switchray SMS Services shall be subject to any website posted Terms and Conditions, including this Acceptable Use Terms, where they do not conflict with existing Electronic Contract Terms of a Platform Customer that have not to be Noticed to the Platform Customer by e-mail thirty (30)  days prior to their effect.

Switchray SMS Privacy Policy

Switchray SMS is committed to the protection of its users’ privacy and aims to protect its users against the misuse of their personal identifiable information to third parties.  The Privacy Policy below, which is incorporated into the Terms and Conditions, explains the practices that apply to your Switchray SMS account information, as well as the privacy setting you may choose to protect and/or share information available from the Identidad SMS Platform.

This Privacy Policy also applies only to information Identidad SMS collects about you as a user of the Site or a user of the Switchray SMS Platform. Switchray SMS is the owner of all information collected on its websites and platforms.

Registration, Information Collection, Use, and Sharing

Upon registering with an Switchray SMS account, you will be asked to voluntarily provide certain personally identifiable information such as but not limited to a representative or user’s name, email address, telephone number(s), country, time zone, Company name, Company address, Company phone number, Switchray SMS site address, third party account credentials (for example, your login credentials for PayPal or other third-party sites), your SMS providers, and other information to enable you to use the system.  You agree and understand that this corporate and personally identifiable information is voluntarily provided to Identidad SMS by you when registering for the Site.  You may customize your account by using the privacy setting provided by the Switchray SMS Platform.  This is your responsibility as an end-user of the Switchray SMS Platform.

To ensure the safety of corporate and personal identifiable information, we recommend that you periodically change your password and/or modify your privacy settings within the Platform to maintain safe-harbor security standards.  In case you have forgotten your password, Switchray SMS can be notified via email, and your password or a temporary will be sent to the registered email associated with that username. Your personal password is confidential and encrypted, which ensures its secrecy.

By using our Platform, you consent to the collection, transfer, manipulation, storage, disclosure, and other uses of your information as described in this Privacy Policy. Irrespective of which country that you reside in or create information from, your information may be used by Switchray SMS in the United States or any other country where Switchray SMS operates.

Switchray SMS has access to and collects all information that you voluntarily give it via email, form(s), the Platform, online Platform interfaces, or other direct contacts from you to our offices or on the Platform.  Switchray SMS may also collect information about the services that you use within and from the Platform, how you use them, and other analytical metrics to provide better services or to explore new services or more functionality in its systems. Such information may include IP address information, device identification, “cookie” information, type of browser, or device being used to access our services. Switchray SMS also automatically receive information about communications service sent or received using our Platform Services which is relevant to Identidad SMS’ services, this may include but is not limited to such information as to delivery receipts, uploaded phone numbers, size of content, time of transmission, data, and other message transmission data.  At a minimum, Switchray SMS shall inform you, the account customer, of the following:

• What personally identifiable information is collected from you through Identidad SMS’s websites and platforms, how it is used, and with whom it may be shared. 

• What choices are available to you regarding the use of your data. 

• The security procedures in place to protect against the misuse of your information. 

• How you can correct any inaccuracies in the information.

Financial and Payment Information for Purchase of Services

To purchase our Platform and Services, you must voluntarily provide and disclose accurate and correct payment information, including but not limited to contact information, email address(es) and financial information (credit card number, expiration date, or ACH information) or any other transactional information needed to effectuate your payment. This is collectively called financial information. This financial information is used by Switchray SMS for billing and payment purposes to provide the Platform and SMS services you purchase.  If Switchray SMS needs to communicate with you regarding any transaction of its services, Switchray SMS will use this information to contact you.  Switchray SMS reserves all rights to use the services of trusted third parties, payment processors, or merchant service providers to process online payments to it. Switchray SMS may share with such third parties your information in order to process online payments. Any fraudulent financial information tendered to Switchray SMS shall be governed and handled pursuant to our Terms of Service.

Other information Switchray SMS Collects

Switchray SMS may request in some of our forms information which allows us to better provide our services to you. Such information may include your name, address, mobile phone number, country, email address, credit card/billing information, title, gender, birth date, interests, how you learned about Switchray SMS, and other information. Depending on the form, this information may or may not be required.

Cookies

Switchray SMS uses “cookies” or similar technologies on Switchray SMS Switchray SMSbsites and platforms. Cookies are a small amount of data, usually including an anonymous unique identifier, sent to your computer through a website and stored on your computer’s disk.  This piece of data stored on a site visitor’s or Platform user’s hard drive helps us improve your access to our Platform or site and identify repeat visitors. For instance, when Switchray SMS uses a cookie to identify you, you do not have to log in a password more than once, thereby saving time. Cookies can also enable us to track and target the interests of our users to enhance the experience on our Platform. Switchray SMS uses information collected from cookies and other technologies to improve your user experience and the overall quality of our services.

By using our Platform, you consent to Switchray SMS using resources such as but not limited, to cookies, in order to provide a better and more personalized Platform and service.  You can always configure your browser to accept all cookies reject them, or be notified when a cookie is sent.

WARNING: If you choose to reject all cookies in your browser, you may be unable to effectively use some of the resources and services offered by Switchray SMS Platform.  Should you elect to reject all Switchray SMS cookies in your browser, please contact us beforehand to ensure that right to reject cookies does not limit Platform functionality.  Please make these inquiries to contact@switchray.com.

End Users Information and Analytics

In order for Switchray SMS to provide you with analytics reports from the Platform, we may collect and use some information from your End Users (see definition at Switchray SMS Solutions – General Terms and Conditions). Such information may include but is not limited to the End User’s device-specific information, including telephone number(s) and mobile network information, browser information, country location, city location, and other information such as online behavior and campaign subscription preferences.

By using Switchray SMS platforms and providing Switchray SMS your End Users’ information, you are representing to Switchray SMS that you have been authorized by your End Users to share their information with Switchray SMS for the purposes stated in this paragraph of our Privacy Policy.

Security

Switchray SMS takes precautions to protect your information. When you submit sensitive information via the Switchray SMS Platform, your information is protected both online and offline by us.  Be advised that whenever Switchray SMS collects sensitive information (such as financial information, information, and data referenced in this policy), that information is encrypted and transmitted to us in a secure way using SSL under network security protocols. While Switchray SMS uses encryption to protect sensitive information transmitted online, Switchray SMS also protects your information offline. Only employees on a need-to-know basis will have access to the information to perform a specific job (for example, billing or customer service) are granted access to corporate and personally identifiable information. The computers/servers in which Switchray SMS stores corporate and personally identifiable information are kept in a secure environment. Be advised that Switchray SMS may process your personal information on a server located outside the country where you live and from where you use the Platform and services to better secure your information and data.

Please make any specific inquiries regarding security to contact@switchray.com.

Your Access to and Control Over Information

at contact@switchray.com or the Customer Service telephone number on Switchray SMS’s website to perform the contractual obligations entered into bet Switchray SMS en you and Switchray SMS:

• See what data Switchray SMS has about you, if any, in your Account Information. 

• Change/correct any data Switchray SMS has about you in your Account Information. 

• Opt-Out any future email communications from Switchray SMS by unsubscribing from email communications via the link at the bottom of Switchray SMS email communications.

Underage User Policy

Be advised, users and account holders must be at least 18 years old to use Switchray SMS’s services or platforms. You must not allow people under 18 years old to access or use Switchray SMS’s services or platforms under your account. Make sure you follow these guidelines. If you don’t, you may be subject to a range of actions, including limitations, immediate suspensions, or cancellations of your account without notice.

If you think that a violation of this Underage User Policy has occurred, please report it to us at contact@switchray.com. Make sure to include any relevant information about why you think there has been a violation and include any relevant information that will facilitate our enforcement of this Policy.

Switchray SMS’s services and platforms are not directed to children under 18 years old. Switchray SMS is not aware of the actual usage of Switchray SMS’s services and platforms apart from account and information voluntarily submitted by you.  Any information that children under 18 years old are using your account and the services is information exclusively under your knowledge and control. Violation of this policy is cause for the immediate suspensions or cancellations of your account by Switchray SMS without further notice.

Changes to this Policy

We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information. If we make a change to this policy that, at our sole discretion, is material, we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

Regular Update of Policy or with Terms of Service Updates

This Privacy Policy was last updated on November 14, 2016, and shall be revised every twelve (12) months for policy changes and corrections to electronic contracts and posting at switchray.com. All Switchray SMS Services shall be subject to any website posted Terms and Conditions, including this Privacy Policy, where they do not conflict with existing Electronic Contract Terms of a Platform Customer that have not to be Noticed to the Platform Customer by e-mail thirty (30) days prior to their effect.