This MOBIT Mobile Marketing Anti-Text SPAM Policy (“Policy”) establishes rules that govern certain of the marketing activities undertaken in connection with the MOBIT Products and Services (as that term is defined in the MOBIT Terms of Use (“Terms”). Please review this Policy carefully. This Policy, and the marketing activities undertaken in connection with the MOBIT Products and Services, shall be governed by all applicable MOBIT agreements including, without limitation, the Terms and MOBIT Privacy Policy (collectively, the “MOBIT Agreements”). This Policy is hereby incorporated into the MOBIT Agreements, and any and all terms and conditions contained therein shall apply to this Policy. Where there is a conflict between the terms and conditions of this Policy and those of the MOBIT Agreements, the applicable MOBIT Agreements shall govern in all respects. Capitalized terms not defined herein shall have the meaning set forth in the Terms. IF YOU DO NOT AGREE TO THE TERMS OF THIS POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE MOBIT Products and Services.

The Policy / Text SPAM

Engage Media & Technology, inc. (“MOBIT,” “we,” “our” or “us”), by and through this Policy and the other MOBIT Agreements, establishes strict procedures and requirements to avoid unsolicited, unexpected or unwanted text messages (collectively, “Text SPAM”). Text SPAM includes text messages that are sent: (a) without obtaining the “prior express written consent” from the applicable Consumer Contacts to receive text messages, within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (the “TCPA”); (b) in violation of other applicable law; (c) in violation of current guidelines and/or Best Practices set forth by both the Mobile Marketing Association (“MMA”) and all participating mobile telephone carriers; and (d) to a Consumer Contact about a subject that the Consumer Contact did not request to be contacted about.

No Third-Party Databases

Our clients are only permitted to use verified opt-in Customer Contact databases in connection with the MOBIT Products and Services. Our clients are NOT permitted to use any third-party owned lists in connection with the MOBIT Products and Services, whether or not legally sufficient consent has been obtained from the Customer Contacts on the applicable third-party owned lists.

Policy Enforcement

We do not tolerate Text SPAM in any way. If we suspect a violation of this Policy, we may, at our sole discretion, immediately suspend or terminate the users Account. Our Terms require clients to agree to the terms and conditions of this Policy. In addition, upon incorporating a list of Consumer Contacts for use in connection with the MOBIT™ Offerings, clients are required to represent that the list is owned by them, contains only opt-in Consumer Contacts and that they otherwise comply with the terms and conditions set forth herein, as well as the Terms.

Opt-Out / Remove / Stop/ Help/ Unsubscribe

MOBIT endeavors to ensure that all Consumer Contacts that receive Client Messages by and through the MOBIT Products and Services can opt-out quickly, easily and permanently from unwanted text communications. Initially, MOBIT requires that all clients agree to include clear opt-out/unsubscribe information in EVERY Client Message that is sent by and through the MOBIT Products and Services. As an additional measure, all Client Messages sent using the MOBIT Products and Services can be tracked and, as such, the applicable recipient can be removed, by MOBIT, from the applicable sender list. Lastly, Consumer Contacts that receive Client Messages can utilize the other options set forth below. MOBIT maintains an OPT-OUT list that restricts our clients from adding a mobile number to their list of Consumer Contacts that has previously opted-out. If you wish to remove yourself from any Consumer Contact list, please visit http://www.mobit.com/spam-complaint and select from the options provided. You also may reply to the Client Message that you received by using the following keyword (STP).

Finally, you may send a text message containing the word "STOP" to the number (72562 for USA), (458 000 500 for Australia), (88444 for United Kingdom), (72000 in Canada, please respond with either HELP (AIDE) or STOP (ARRET), (or 268 for New Zealand) from your mobile phone.

(Example of welcome message: Bienvenue chez { Campaign Name } Alertes! Les messages standards et les taux des données peuvent s’appliquer { Message frequency } Répondre AIDE pour de l’aide, et ARRET pour annuler.)

Please report any Text SPAM or other abuse to us directly, and include, if possible: (a) the applicable sender ID in the text message that you received; (b) your mobile telephone number (to be removed); (c) the date and time that you received the text message; and (d) the contents of the message. You can report Text SPAM or other abuse by e-mailing us at: spam@mobit.com.

REPORT A SPAM VIOLATION

LAST UPDATED June 29th 2018

Legal Information

Unless the context otherwise requires, definitions in this Privacy Policy shall have the same meaning as those in Our Master Subscription and Service Agreement.

Engage Media and Technology, Inc is committed to protecting and respecting your privacy.

Our Privacy Policy is incorporated into Our Master Subscription and Service Agreement which can be found on Our website, www.mobit.com and sets out the basis on which any personal data we collect from you, or that you provide to us (in relation to you only and not your customers or clients), will be processed by us. Please read the following carefully to understand Our views and practices regarding Your personal data and how We will treat it. By visiting www.mobit.com or using our Application (app.mobit.com) You are accepting and consenting to the practices described in this Privacy Policy.

For the purpose of the Data Protection Act 1998 (the Act) and from the 25 May 2018, the EU General Data Protection Regulation 2016/679 (the GDPR), the data controller is Engage Media and Technology, Inc, having its registered office at 12828 W. Lasalle St Suite 101, Boise ID 83713 USA which trades as MOBIT.

We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions or you would like to make a request to exercise any of your legal rights, please contact the DPO using the details at (https://www.mobit.com/policies/report-a-violation).

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about You:

Information You give Us. You may give Us information about You by filling in forms on Our website, www.mobit.com, Our Application (app.mobit.com) and any other website which We use to provide any of the Service (Site) or by corresponding with Us by phone, e-mail or otherwise. This includes information You provide when You register to use Our Site, subscribe to our Service, open an account with Us, place an order for Credits and when You report a problem with Our Site or Our Service. The information You give Us may include Your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.

Information We collect about You. With regard to each of Your visits to Our Site We may automatically collect the following information:

• technical information, including the Internet protocol (IP) address used to connect Your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
• Information about Your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from Our Site (including date and time); products and services you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call Our customer service number.
• Information We receive from other sources. We may receive information about You from any use of the Site and the Service. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about You from them.

We may also collect, use and share “Aggregated Data” such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.

We do not collect any “Special Categories of Personal Data” about You (e.g. your race, ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinion, trade union membership, information about your health and genetic and biometric data). Nor do we collect information about criminal convictions and offences.

We do not collect data regarding children and our Service is not aimed at or intended for the use of anyone below the age of 18 years old (see our Master Subscription and Service Agreement).

USES MADE OF THE INFORMATION

We use information held about You in the following ways:

Information You give to Us. We will use this information:

• to carry out Our obligations arising from any contracts entered into between You and Us and to provide You with the information, products and Service that you request from Us;
• to provide You with information of other services We offer that are similar to those that You have already purchased or enquired about;
• to provide You with information about services We feel may interest You. If You are an existing customer, we will contact You by electronic means (e-mail or SMS) with information about services similar to those which were the subject of a previous sale or negotiations of a sale to You. If You are a new customer, we will contact You by electronic means only if You have consented to this. If you do not want Us to use Your data in this way, for marketing purposes, please follow the ‘unsubscribe’ link on any of our marketing emails or send us an email to support@mobit.com.
• to notify You about changes to our Service;
• to ensure that content from Our Application is presented in the most effective manner for You and for Your computer.

If You fail to provide personal data which We need to provide Our Service, then We may not be able to perform the contract We have with You. You are responsible for ensuring that the personal data which you give us is accurate and up to date.

Information We collect about You when you visit Our Site. We will use this information:

• to administer Our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve Our Application to ensure that content is presented in the most effective manner for You and for Your computer;
• to allow You to participate in interactive features of Our Application, when You choose to do so;
• as part of Our efforts to keep Our Site safe and secure;
• to measure or understand the effectiveness of advertising We serve to You and others, and to deliver relevant advertising to You;
• to make suggestions and recommendations to You and other users of Our Application about features, functions and services that may interest You or them.

Information We receive from other sources. We may receive personal data about you from various third parties and public sources as set out below. We may combine this information with information You give to Us and information We collect about You. We may use this information and the combined information for the purposes set out above (depending on the types of information We receive).

We collect technical data from the following:

Analytics providers such as Google Analytics based [inside OR outside] the EU

Infusionsoft.com, and app.mobit.com (our application).

DISCLOSURE OF YOUR INFORMATION

We may share Your personal information with any member of Our group (both inside and outside of the EU), which means Our subsidiaries or Our ultimate holding company and its subsidiaries.

We may share Your information with selected third parties including:

• Business partners, suppliers and sub-contractors for the performance of any contract We enter into with them or You.
• Analytics and search engine providers that assist Us in the improvement and optimization of Our Site.

We may disclose Your personal information to third parties:

• In the event that We sell or buy any business or assets, in which case We may disclose Your personal data to the prospective seller or buyer of such business or assets.
• If Engage Media and Technology, Inc or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If We are under a duty to disclose or share Your personal data in order to comply with any legal obligation, or in order to enforce or apply Our Terms of Service which can be found on Our website, www.mobit.com and other agreements; or to protect the rights, property, or safety of Engage Media and Technology, Inc, Our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

WHERE WE STORE YOUR PERSONAL DATA

By submitting Your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy.

All information You provide to Us is stored on Our secure servers. Where We have given You (or where You have chosen) a password which enables You to access certain parts of Our Site or Application (app.mobit.com), You are responsible for keeping this password confidential. We ask You not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect Your personal data, we cannot guarantee the security of Your data transmitted to Our Site or Application; any transmission is at your Own risk. Once we have received Your information, we will use strict procedures and security features to try to prevent unauthorized access.

We will not keep Your personal data for longer than is necessary for the purpose or purposes for which they are collected, unless there is another legal reason for us to retain the data. We will take all reasonable steps to destroy or erase from our systems all data which is no longer required. We will keep your personal data for the duration of Your account being active and for one (1) year after our contract with you has terminated.

YOUR RIGHTS

We endeavor to process all personal data in line with Your rights under the GDPR. In particular, you have the rights to:

1. Withdraw Your consent to Our processing Your personal data at any time. You can do this at any time by contacting Us at support@mobit.com. In certain circumstances, we can process Your personal data without Your consent in line with the lawful processing requirements in GDPR. These include (amongst other reasons) where processing is necessary to comply with a legal obligation, or to protect your vital interests.
2. Ask Us to rectify inaccurate or incomplete personal data. We would seek to rectify the data as soon as possible and usually within one month unless the request is complex.
3. Ask Us to erase Your personal data. This is commonly referred to as the right to be forgotten. This right is only applicable where there is no compelling reason for the continued processing of Your personal data. There are some circumstances where this right to erasure does not apply and in such cases, we would notify You of the reason(s) why We need to retain Your personal data (unless prevented to do so by law).
4. Restrict processing of Your personal data where, for example, the data is inaccurate, being processed unlawfully or where the data is no longer relevant to the specific purpose for processing. In such cases, we would retain the data, but We would not process it further without Your consent, or if processing your data is for establishing, exercising or defending a legal claim, or for the protection of rights of other individuals, or for public interest reasons. In such circumstances, we would let You know that We intend to lift the restriction on processing Your personal data.
5. Request access to Your personal data via our webform https://www.mobit.com/policies/report-a-violation. Your request should be made to Us via this form and We may ask you for proof of your identity before providing You with the data. There is usually no fee for making such a request however, in limited circumstances; We may charge an administrative fee (which will be based on the administrative cost of providing the information).
6. You have the right to ask Us not to process Your personal data for marketing purposes (including profiling). We will usually inform You (before collecting your data) if We intend to use your data for such purposes or if We intend to disclose your information to any third party for such purposes. You can exercise Your right to prevent such processing by checking certain boxes on the forms We use to collect your data. You can also exercise the right at any time by contacting us at support@mobit.com.
7. Obtain and reuse Your personal data for Your own purposes across different services (right to data portability). This right is only applicable to data that You have provided to Us, where We are processing the data based on Your consent or for the performance of a contract and when the processing is carried out by automated means. Where this right applies, the data will be provided to You in a structured, commonly used and machine-readable format.
8. Our website or application may, from time to time, contain links to and from the websites of Our partner networks, advertisers and affiliates. If You follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies. Please check these policies before You submit any personal data to these websites.

CHANGES TO OUR PRIVACY POLICY

Any changes We may make to this Privacy Policy in the future will be posted on this page. Please check back frequently to see any updates or changes to this Privacy Policy.

CONTACT AND COMPLAINTS

If You have any questions, comments or requests regarding this Privacy Policy, please contact our DPO at https://www.mobit.com/policies/report-a-violation :

Name of DPO: Preeti Dey

Email address: preetid@mobit.com

Postal address: Engage Media and Technology, Inc 12828 W. Lasalle St Suite 101, Boise ID 83713, United States of America.

If you have any complaints regarding our handling of Your personal data, we would appreciate the chance to deal with your concerns in the first instance.

A copy of our Privacy Policy can be downloaded here. Please use the link below to notify us of a complaint or change to your contact details.

REPORT A PRIVACY VIOLATION OR CHANGE OF CONTACT DETAILS

New Telephone Consumer Protection Act (TCPA) - USA ONLY

The Federal Communications Commission (“FCC”) in the United States introduced new rules under the Telephone Consumer Protection Act (“TCPA”) that went into effect on October 16, 2013. The TCPA makes it unlawful for a person to “initiate” a telephone call to a residential line and to wireless numbers for non-emergency purposes without the prior express written consent of the called party. In lay terms, for people using the MOBIT or any other text service for marketing, this means you must adhere to the new rules when marketing in the USA via text/SMS. The TCPA applies to both voice and short message service (SMS) text messages, if they are transmitted for marketing purposes. The TCPA provides for a private right of action with damages ranging from $500.00 to $1,500.00 per unsolicited call/message.

What's new

The new rules require marketers to:

Obtain prior consent before sending SMS/text marketing messages. Consent must be unambiguous, meaning:The consumer must receive a clear and conspicuous disclosure that he/she will receive future text messages on behalf of a specific marketer; and his/her consent is not a condition of purchase; and he/she much designate a phone number to which messages will be delivered (which should not be auto-populated by the marketer in an online form).

Obtain express written consent, even if you had a prior business relationship with the consumer. Therefore, for example, phone numbers gathered at the point of sale or purchase without express written consent for SMS opt-in are not approved for ongoing promotional use. The prior business relationship exception under the TCPA no longer applies.

How is “consent” defined?

The FCC has determined that written agreements obtained in compliance with the E-SIGN Act will satisfy the requirements of the rule, such as, for example, agreements obtained via text message, website form, and other valid forms (see FCC link for more info: http://www.fcc.gov/document/telephone-consumer-protection-act-1991).

Are any types of messages excepted from these regulations?

All marketing messages are required to comply with these express written consent regulations. Some small exceptions exist, including messages sent by schools, cellular carriers, and healthcare-related messages. Purely transactional messages (e.g. account alerts, travel updates, shipping notifications, etc.) are also exempt so long that they do not include any promotional content.

What you must do to comply:

If you don’t have express written consent for all, or some, consumers on your marketing list—or you’re not sure—you are now required to re-opt-in those numbers before if they did not do so before October 16, 2013. Example one-time campaign: “[Company] would like to continue to send you SMS @ this number. 2msgs/mnth. Text HELP for help. STOP to end. Msg&data rates may apply. Reply KEYWORD to confirm today.”

Remove any auto-population of phone numbers on any online web form collecting consent for sending SMS marketing messages (the consumer must enter his/her phone number into the form in order to comply).

How MOBIT helps you to comply

Although the TCPA applies to the United States only, MOBIT have adopted these process as best practice and recommends that our international clients outside the USA adhere to these guidelines in order to provide the best and most professional experience to their audience.

In compliance with MOBIT's best practices and guidelines (in addition to contractual obligations), you are required to confirm that all phone numbers used for promotional SMS/text have been collected with express written consent. There are three ways with MOBIT that you can do this, these are:

• You complete our opt-in permission form when importing your contacts into MOBIT. A valid and approved permission method accepted by the TCPA is to have a voice recording of your contacts opt in confirmation. This recording must state the number of messages your contact anticipates to receive and outline the process and numbers for them to opt out. The voice message must be saved for a period of five (5) years.
• Your contact responds to your KEYWORD campaign. MOBIT automatically send these contacts an approved TCPA opt-in message for them to accept. Once they do so, their permission is recorded in our database and held for a period of five (5) years as legal proof. If the same contact 'unsubscribes' or opts-out of your marketing then this is recorded against their contact record and MOBIT will not allow any messages to be sent to this contact. The only way this can be changed is for your contact to opt back in via the web widget form we provide for your website or by texting in your opt in KEYWORD.
• MOBIT provide you with a web widget form that you can customize for branding purposes and place on your website. This form has all the required TCPA wording and automatically enters the contact details and permission into MOBIT when completed.

Each and every MOBIT landing page template includes predefined and TCPA compliant links to our Terms and Conditions, Anti spam and Privacy Policies. We also provide a clearly highlighted UNSUBSCRIBE button where users can opt-out to your messages at any time.

Additional Information:

If you are unsure of how this new legislation effects you in your specific country then please be sure to consult with your legal counsel and review the full country specific anti spam legislation at the links below.

For USA - http://www.fcc.gov/document/telephone-consumer-protection-act-1991
For New Zealand - http://www.dia.govt.nz/services-anti-spam-index
For Australia - http://www.comlaw.gov.au/Series/C2004A01214
For United Kingdom https://ico.org.uk/for-organisations/guide-to-pecr/electronic-mail

The information here is provided for informational purposes only. It is neither legal advice nor a substitute for obtaining legal advice from your attorney. We recommend that you consult your legal council before engaging in mobile marketing activities.

CONTACT US IF YOU HAVE QUESTIONS ABOUT THE TCPA

Canada's Anti-Spam Law (CASL) is one of the toughest laws of its kind in the world, making its application and interpretation rather tricky.

This article outlines some of the highlights of the new legislation. This is not legal guidance, and you should consult your own counsel for legal advice on how to interpret CASL. You can also read more about CASL on fightspam.ga.ca.

What Activities CASL Covers:

CASL covers the sending of 'commercial electronic messages' that may be accessed by a computer in Canada (which usually just means cases where the recipient is in Canada). CASL covers more than just email - it also covers texts, IMs, and automated cell phone messages sent to computers/phones in Canada.

Who Can you Send Messages To?

CASL requires you to get explicit consent before sending someone a message. However, there are limited exceptions to the 'explicit consent' rule. There are three situations where 'implied consent' - meaning you don't have a reason to believe you shouldn't send the email - should be okay:

1) You have an active business relationship with the recipient.

An active business relationship exists if you have sold something to the recipient within the past 2 years, or the recipient has made an inquiry about your products at any point within the 6 months before you sent the email in question.

2) The recipient published his or her mobile number to a public website with no caveats about terms of being contacted.

For instance, if someone puts their email address or mobile number on their website, but doesn't include a caveat like "but don't send me anything" or "no spam, please".

3) Someone whose 'business activities' are relevant to the message you're sending has given you their contact info without indicating they don't want to receive your messages.

It's important to note that CASL provides some other exceptions that we don't go into here because they're less relevant to an average business situation.

There is a 36 month transition period ending June 30, 2017, during which time consent may be implied if the recipient has not explicitly withdrawn consent AND the recipient has either:

• Purchased something from you in the past, or
• Has made an inquiry of you at some point in the past

Note: This is the same idea as a business relationship explained above except that the time limits have been removed.

What 'Explicit Consent' Means.

All requests for consent must touch on the following three points:

1. Purpose(s): You must specify exactly why you want the consent (e.g., "We'd like to send you newsletters and occasional special offers").
2. Information: You must give your identifying/contact information as well as the contact info of anyone else you're getting the consent on behalf of. This includes name, mailing address, and a phone number or email for contact.
3. That they can "un-consent": You must tell them that if they want to withdraw their consent, they can.

You can get this in writing or verbally, but you should keep a record of when/how you obtained consent.

It's important to note that the recipient has to manually 'opt in,' so pre-checked checkboxes are not okay for getting consent. One that the users check themselves is okay, as is a box that the users type their email addresses into with a submission button next to it that users hit, but those must also be accompanied with something explaining why you want their consent (the purpose), who you are (information), and that they can un-consent. Additionally, you can't just put "... and I consent to receive emails" into your website's legal copy.

What You Have to Include in Your SMS Messages

All messages you send must include the following three points:

1. Identity: You must identify yourself as the sender of the message, and give the identity of anyone you're sending it on behalf of.
2. Contact Info: You must provide contact information that lets the recipient easily contact you.
3. Unsubscribe Mechanism: You must give the recipient a free and easy way to unsubscribe via a link to a website. That link has to be valid for at least 60 days, and you have to make sure the unsubscribe request is honored within 10 days.

Your Obligations and Ours

Ultimately, as the message-sender, you have to understand your obligations and determine how to be in compliance. You should review the CASL with your own counsel. If you use MOBIT for your mobile messaging and marketing, you have the tools you need to run a CASL-compliant mobile messaging program, though it is still solely your responsibility to ensure compliance with CASL.

You can learn more about CASL on their website - fightspam.ga.ca.

Legal Disclaimer

This article has provided information about the law designed to help our users better understand the legal issues surrounding mobile messaging and marketing. But legal information is not the same as legal advice - the application of law to an individual’s specific circumstances. Although we have conducted research to better ensure that our information is accurate and useful, we insist that you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is accurate. To clarify further, you may not rely upon this information as legal advice, nor as a recommendation or endorsement of any particular legal understanding, and you should instead regard this article as intended for entertainment purposes only.

CONTACT US IF YOU HAVE QUESTIONS ABOUT CASL