Revised: July 1st, 2023
1. Information We Collect
We collect Personal Information from you in several different ways based on the way you interact on our Site such as first name, last name, email address, postal address, postal code, phone number, security data, and payment information.
Messaging Info: When you interact with Pogoseat Numbers (by sending text messages to a Pogoseat Number), we collect your messages, including message-related information (such as the phone number from which the message was sent, when the message was sent, the content of the message, any attached files or media, and data from interactive features such as reactions, effects, stickers, scheduling, polls, and payments). When you interact with messages sent via Pogoseat, we collect information about those interactions too. We refer to all of this as “Messaging Info.”
2. Information From Other Sources
We may obtain information about you from other sources, including through Third Party services and organizations to supplement information provided by you.
If you access our Services through a Third Party website or application, app store, a Third Party login service, or a social networking site (such as Meta), we may collect information about you from that Third Party. Information we collect through these services may include your name, your user identification number, your username, location, gender, date of birth, zipcode, email and profile picture. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.
Cookies: Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
Google Analytics sets cookies to help us accurately estimate the number of visitors to the products and the volumes of usage of the products. For more information on how Google Analytics processes this information, visit www.google.com/analytics.
3. How Do We Use Your Information
We use the information we collect or receive:
ADDITIONAL COMMUNICATIONS PROVISIONS
(For Residents of Canada)
In addition to the consent provided above in the Messaging Communications (United States) section, Canadian residents agree to the following provisions related to compliance with Canada’s Anti-Spam Legislation (“CASL”), Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and Canadian provincial law including Alberta’ Personal Information Protection Act (“PIPA”), and Quebec’s Act Respecting the Protect of Personal Information in the Private Sector:
All electronic communications are subject to CASL. Such communications include emails, text messages, and other electronic forms of communication. A message which contains factual information about the client’s account is generally not considered to fall within the scope of CASL if it is reasonable to conclude the message is not promotional in nature.
If the message contains any advertising, sales literature, or any other solicitation for business, it must (a) identify Pogoseat as the sender, and (b) contain the Pogoseat’s contact information, including the Pogoseat’s mailing address and at least one other form of contact information (e.g. email address, telephone number or web address). It must also include an unsubscribe mechanism which is:
(i) valid for at least 60 days after sending the message;
(ii) clear and prominent in the message;
(iii) readily accessible by the consumer, and easy for the consumer to use; and
(iv) available at no cost to the consumer.
Pogoseat will act on any unsubscribe request within ten (10) business days and will NOT charge a fee for the unsubscribe request.
4. Will Your Information Be Shared With Anyone?
We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.
We only share and disclose your information in the following situations:
Other examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data about how you interact with the Site over time. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes.
5. How Do We Keep Your Information Safe?
We aim to protect your personal information through a system of technical and organizational security measures designed to protect the security of any personal information we process. While we will do our best to protect your personal information, transmission of personal information to and from our Site is at your own risk. You should only access the Site from a secure environment.
We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. To guard your information delivered to us electronically, our Website uses Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your contact information, we cannot guarantee that personal identifiable information supplied by users will not be improperly accessed on our servers, or intercepted while being transmitted to us over the Internet. We assume no liability for any damages you may suffer as a result of unauthorized access to our files, or interception, alteration or misuse of information during such transfers. If you have reason to believe that there has been any breach of the security of the Website, please contact us at firstname.lastname@example.org.
We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.
Access to your personal information is restricted and only employees who need access to your personal information to perform a specific job are granted access to your personal information. We rely on third-party service providers, for the physical security of our computer hardware, to comply with commercially reasonable security practices and measures. For example, when you visit our Site, you access servers that are kept in a secure physical environment, behind a locked cage and an electronic firewall. While we use industry-standard precautions to safeguard your personal information, we cannot and do not guarantee complete security. 100% complete security does not presently exist anywhere online or offline. As such, you assume the risk of security breaches and all consequences resulting from them. To that end, please safeguard your credentials.
6. What Are Your Privacy Rights?
(a) General. This section is subject to specific disclosures on privacy rights set forth below. We are committed to facilitate the exercise of your rights granted by the laws of your jurisdiction, which may include the right to request the correction, modification or deletion of your personal information and the right to opt out of the sale of your personal information (as applicable). We will do our best to honor your requests subject to any legal and contractual obligations. If you would like to make a request, cancel your account or request we delete or no longer use your account information, please contact us at email@example.com or
Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your personal data, such as the right to complain to your local data protection authority. Please do not email us sensitive information.
If you are resident in the European Union (EU) you may exercise certain rights regarding your personal information. You can get additional information regarding this from your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer to you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features of our Site. To opt-out of interest-based advertising by advertisers on our Site please visit http://www.aboutads.info/choices/.
For Residents of Canada: You may contact the Office of the Privacy Commissioner at 1 800282-1376 if you are unsatisfied with our response to your privacy concern.
7. Do California Residents Have Specific Privacy Rights?
If you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with our Site, you have the right to request removal of unwanted data that you publicly post on our Site. To request removal of such data, please email us at firstname.lastname@example.org with “California Shine The Light Rights” in the subject line and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on our Site, but please be aware that the data may not be completely or comprehensively removed from our systems.
A link is available on the footer of all our pages ‘Do Not Sell My Personal Information’ at www.pogoseat.com/do-not-sell-my-information
8. Notice for Nevada Residents
Under Nevada law, certain Nevada residents may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing email@example.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
9. Notice for Residents of Certain Other States
The Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Act (CPA), and Connecticut Data Privacy Act (CTDPA) [and Utah Consumer Privacy Act (UCPA)] (“Applicable State Law”) provide residents of those states with certain rights, including the following:
Your Right to Confirm and Access: You have the right to confirm whether we are processing personal information about you and access the personal information we process about you.
Your Right to Portability: You have to right to obtain a copy of the personal information we maintain and process about you in a portable and, to the extent technically feasible, readily-usable format.
Your Right to Delete: You have the right to request that we delete the personal information we maintain or process about you.
Your Right to Correct: You have the right to request that we correct inaccuracies in the personal information we maintain or process about you, taking into consideration the nature and purpose of such processing.
Your Rights to Opt-Out: You have the right to opt-out of certain types of processing of personal information, including:
10. Users Outside the United States
The Site is hosted in the United States. If you are a user accessing the Site from Australia, Canada or the European Union, or any other region with laws or regulations governing personal data collection, that differ from United States laws, please be advised that through your use of the Site, you are transferring your personal information to the United States, and you expressly consent to that transfer and consent to be governed by Californian law for these purposes.
11. Offline Collection
Notwithstanding anything contained in this policy, we will take all actions deemed by us from time to time, to be necessary or desirable to comply with all US and other applicable laws and administrative interpretations thereof, including without limitation, the US Telephone Consumer Protection Act.
12. Do We Make Updates To This Policy?
13. Contact Information