ABOUT US

SO ACT

TERMS OF SERVICE

Introduction

Effective Date: May 1, 2021, SoAct Company and SoAct, (“SoAct,” “we” or “us”) is committed to protecting the privacy and security of your personally-identifying information. We have prepared this Privacy Notice to explain how we collect, use, protect and disclose your Personal Information, Usage Data and Message Data (as those terms are defined below) when you use the SoAct website or mobile app (the “Site”) or SoAct, enterprise messaging solution (collectively with the Site, the “Services”). This Privacy Notice also explains how you can manage your information preferences. By using the Services, you consent to this Privacy Notice.

INFORMATION WE COLLECT

PERSONAL INFORMATION
When you register for SoAct, we collect information that personally identifies you, such as your name, mobile telephone number, e-mail addresses and other information that you provide to us or we receive the Subscriber (“Personal Information”). You may be asked to provide us with certain Personal Information when you register to use the Services, and at other times. The decision to provide this information is voluntary. However, if we do not receive the requested information, you may not be able to use certain features of the Services

USAGE DATA

We automatically collect usage information that allows us to analyze how users access and use the Services (“Usage Data”). For example, when you download and use Services such as SoAct, we automatically collect information on the type of device you use and the device identifier (or “UDID”). Additionally, each time you use the Services, we automatically collect information regarding the type of web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view on our Site, the time and duration of your visits to the Site, crash logs and other information relating to your use of the Services. We use this information to analyze trends, administer the Services, troubleshoot any user problems, and to enhance and update the Services.

MESSAGE DATA

When you send or receive messages using our Services, we may temporarily process and store your messages (“Message Data”) in order to provide these Services to you. Certain Subscribers can opt to have all Message Data archived on their own servers.

COOKIES AND DO NOT TRACK

We use cookies and other tracking technologies on the Site. We do not use cookies to collect Personal Information but rather to improve the quality of the Services. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. Please note, however, that certain features of the Site may not function if you delete or disable cookies. THE SITE’S COOKIES DO NOT AND CANNOT INFILTRATE A USER’S HARD DRIVE TO COLLECT ANY INFORMATION STORED ON THE HARD DRIVE. If you are accessing the Services via a mobile app, the app settings and your device settings may provide you with additional information and choices regarding tracking. Additionally, your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and Services (including behavioral advertising Services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time.

Additionally, your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and Services (including behavioral advertising Services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time.

HOW WE USE THE INFORMATION WE COLLECT

In the course of conducting our business, we use Personal Information to provide and improve our Services, to provide information about our Services, to respond to requests and to otherwise communicate with you and others

Providing Support and Services: To provide and operate our Services and the Sites, communicate with you about your use of the Sites, respond to your inquiries, provide troubleshooting, fulfill your requests, and complaints and inquiries, provide technical support and for other customer service and support purposes.

Personalization: To tailor content we send or display on the Sites in order to offer location customization and personalized help and instructions and to otherwise personalize your experiences.

Analytics and Improvement: To better understand how users’ access and use the Sites and other products and offerings and for other research and analytical purposes, such as to evaluate and improve our Services and business operations and to develop additional products, services and features.

Protect Our Legal Rights and Prevent Misuse: To protect the Sites and our business operations; to prevent and detect fraud, unauthorized activities and access and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party as well as violations of our End User License Agreement or this Privacy Notice

Comply with Legal Obligations: To comply with the law or legal proceedings. For example, we may disclose information in response to subpoenas, court order, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.

General Business Operations: Where necessary to the administration of our general business, accounting, record keeping and legal functions.

Anonymous and De-identified Information. We may de-identify information and create anonymous and aggregated data sets and reports in order to assess, improve and develop our business, products and services, prepare benchmarking reports and for other research and analytics purposes.

Client Services. As noted, we may collect certain Personal Information online that is used to provide our Subscribers the Services, and we use such Personal Information on behalf of and under the instructions of Subscribers and subject to our Subscriber agreements.

HOW WE PROTECT THE INFORMATION WE COLLECT

We have implemented appropriate safeguards and technical measures to protect the Personal Information that we have under our control from unauthorized access, use or disclosure (such as where appropriate, access controls and encryptions). However, no data security measures can guarantee 100% security.

As a general rule, we retain your Personal Information for as long as necessary to fulfil the purposes for which it was collected or as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, as required by clients and to enforce our agreements. We may retain personal data for longer where required by our regulatory obligations, professional indemnity obligations or where we believe it is necessary to establish, defend or protect our legal rights and interests or those of others.

Disclosure of information

We do not sell your Personal Information to third parties. In general, we disclose the Personal Information we collect as follows:

SoAct. Your Personal Information may be shared amongst our affiliated and subsidiary companies, whose handling of Personal Information is subject to this Notice.

Service Providers. We may share your information with third-party service providers who use this information to perform services for us, such as hosting providers, auditors, advisors, consultants and customer service and support providers

Business Transfers. We may disclose or transfer information, including Personal Information, as part of any merger, sale, and transfer of our assets, acquisition or restructuring of all or part of our business, Page 3 of 4 bankruptcy or similar event, including related to due diligence conducted prior to such event were permitted by law.

Business Transfers. We may disclose or transfer information, including Personal Information, as part of any merger, sale, and transfer of our assets, acquisition or restructuring of all or part of our business, Page 3 of 4 bankruptcy or similar event, including related to due diligence conducted prior to such event were permitted by law.

Legally Required. We may disclose your information if we are required to do so by law (e.g., to law enforcement, courts or others, e.g., in response to a subpoena or court order).

Protect our Rights. We may disclose information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., subpoenas or warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation and protect the rights, property or safety of SoAct, our Subscribers or others.

Anonymized and Aggregated Data. We may share aggregate or de-identified information with third parties for research, marketing, analytics and other purposes, provided such information does not identify a particular individual.

Client Services. As noted above, we are a service provider to our Subscribers. Any Personal Information we collect related to providing the Services on behalf of Subscribers, may be disclosed to such Subscribers or others as directed; such disclosures are subject to our clients’ policies.

YOUR INFORMATION IS MAINTAINED IN THE UNITED STATES

If you are a California resident, you have certain privacy rights under the California Consumer Privacy Act (“CCPA Rights”). This section describes those rights and how you can exercise them to the extent that we are processing your Personal Information for our own benefit rather than as a service provider.

CALIFORNIA CONSUMER PRIVACY RIGHTS

RIGHT TO KNOW AND RIGHT TO DELETION

You can request what Personal Information we have collected, used, disclosed, and sold in the preceding 12 months. You can also request that we delete your Personal Information. We may not delete all of your Personal Information if one of the following exceptions applies:

Transactional: to complete a transaction for which the Personal Information was collected, provide a good or Service requested by you, or perform a contract we have with you;

Security: to detect data security incidents;

Error Correction: to debug or repair any errors;

Legal: to protect against fraud or illegal activity or to comply with applicable law or a legal obligation, or exercise rights under the law, such as the right to free speech; or

Internal Use: to use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information (i.e., to improve our Services).

Internal Use: to use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information (i.e., to improve our Services).

RIGHT TO OPT OUT OF SALES OF PERSONAL INFORMATION

Under the CCPA, you have the right to opt-out of the sale of your Personal Information. However, we do not sell your Personal Information and therefore do not provide any mechanism for you to exercise the right to optout.

RIGHT TO NON-DISCRIMINATION

You have the right not to be discriminated against for the exercise of your privacy rights under the CCPA.

HOW TO EXERCISE YOUR RIGHTS UNDER THE CCPA

California residents may request what Personal Information we have collected or request us to erase that Personal Information not more than twice in a 12-month period. In order to verify your identity, SoAct will need to collect information about you, including your name, telephone number, and email address. Any additional information you provide will be used only to verify your identity and not for any other purpose. In order to designate an authorized agent to act on your behalf, you must provide the authorized agent with written permission to do so, and your authorized agent must submit that written proof at the time they make the request on your behalf.

MINORS

SoAct does not knowingly collect or maintain the Personal Information of children under 13. If we learn that we have collected any Personal Information of a child under the age of 13 without affirmative authorization under the CCPA or verifiable parental consent under the Children’s Online Privacy Protection Act (COPPA), we will delete that information from our files as quickly as possible.

CHANGES TO THE PRIVACY NOTICE

We may periodically change this Privacy Notice. If we decide to change this Privacy Notice, we will inform you by posting the revised Privacy Notice on the Site. Those changes become effective upon posting on the Site, the date of which is shown as the “Effective Date” in the revised Privacy Notice. Use of information we collect now is subject to the Privacy Notice in effect at the time such information is collected. By continuing to use the Services, you agree to be bound by the revised Privacy Notice.

not for emergencies

IF USER IS IN DANGER OF CRISIS OR SUICIDAL, CALL 911 OR OTHER EMERGENCY NUMBER.  DO NOT USE THIS SERVICE TO COMMUNICATE OR RECEIVE URGENT OR EMERGENCY MESSAGES OR COMMUNICATE ABOUT AN EMERGENCY OR OTHER URGENT SITUATION.

public forum - post your content with care

This Service is a public forum designed to share information.  The Company is not responsible for what other users of the Service may do with information posted on the Service.  Subject to these Terms, you may participate in discussion and submit questions, comments, information, and content as permitted by the Service for.  You acknowledge and understand that any content you may submit, will be seen by others, may be published and available to the general public, and is subject to re-disclosure by others.  PLEASE CAREFULLY CONSIDER THE CONFIDENTIALITY IMPLICATIONS OF ANY POSTINGS.

prohibited conduct and activities

Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Service or any of the content on the Service; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Service; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Service, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Service’s listings or content; (e) circumventing or attempting to circumvent the security of the Service; (f) interfering or attempting to interfere with the proper working of the Service or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Company or users of the Service or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the Service; (h) attempting to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Service, except as authorized by Company; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or any systems or networks connected to the Service; (k) using reports, content, electronic documentation, or other materials available on the Service to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts Company users to a third party; (m) making commercial use of the Service or any of its content; or (n) engaging in or promoting illegal activities. In accordance with any inappropriate, abusive or mis leading data such as text, image or video, there is no tolerance for objectionable content or abusive users. Such account will be immediately blocked or deactivated.

intellectual property rights

Unless otherwise noted, all content provided on the Service, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of Company or its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. Any and all content on the Service is either the property of Company or is used by us with the permission of its owner. The compilation of the Service is the exclusive property of Company and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Company’s ownership of the Service and content.

The trademarks, logos, and service marks displayed on the Service are owned by Company and other third parties, and the Service’s trade dress is owned by Company. All trademarks not owned by Company are the property of their respective owners, and, where used by Company, are used with permission. Nothing contained on the Service may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Company’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Company’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Service.

Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Service, including any copyrighted or trademarked content. You may only use the materials and content on the Service as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Service is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

mobile usage

Company may offer the Service and related services through a mobile application available for download through the Apple App Store, Google Play, and other related mobile application stores (the “Mobile App”).  Any use of the Mobile App is subject to the full terms of these Terms.  To the extent any additional terms and conditions apply to you if using the Mobile App through the Apple App Store, Google Play, or other related mobile applications, these Terms will control.  Company grants you a limited, non-exclusive, non-transferable and revocable license to install and use the Mobile App, in executable object code format only, solely on your own handheld mobile devices and for your personal, non-commercial use. 

Submission of Content and User Activity

From time to time, we may make available on the Service certain services, features, or sections that allow users to post or upload materials to the Service. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Therefore, you, and not Company, are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Service or any related services.

You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Content that you upload, transmit, or otherwise make available through the Service, that use of any Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Content you provide will not cause injury to any person or entity.

Without limiting the foregoing, you represent and warrant that you will not: (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false, or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.

When you post or submit Content to the Service, you hereby expressly grant Company a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Content and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. Therefore, we request that you not provide us Content in which you do not wish to grant us rights.

Company disclaims any and all liability for any Content emailed, transmitted, or otherwise made available via the Service. The opinions expressed in postings or other Content on the Service may not represent the views or opinions of Company or its advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content. Any Content on the Service is provided “as is.” You should be aware that your use of and reliance on Content is at your own risk.

Company has no obligation to review, monitor, delete, or edit the Service, including user Content. However, you acknowledge and agree that Company has the right to do so, using any means, at any time in its sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Content. You acknowledge, consent, and agree that Company may access, preserve, and disclose any inappropriate conduct, your account information, and any Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Company, its affiliates, personnel, other users, and the public.

Correction of Errors and Inaccuracies; Limitations on Services

The information on the Service may contain typographical errors or inaccuracies, and may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. Company also reserves the right to limit the scope of services (including after you have submitted your request). Company apologizes for any inconvenience this may cause you.

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