Privacy Policy

TEXTiUM® Instant Vehicle Values Privacy Policy

Last Updated: February 26, 2020

TEXTiUM® Instant Values Privacy Policy

This TEXTiUM® Instant Values Privacy Policy (“Privacy Policy”) is made available by TEXTiUM LLC (“TEXTiUM®,” “we,” “our” or “us”) and covers our treatment of personal information and other information that we collect when a consumer (“User,” “you” or “your”) sends an SMS text message (“User Text”) to the number supplied on the direct mail notice (“Mailer”) sent by either TEXTiUM’s®: (a) third-party auto dealer clients (“Third-Party Dealers”) in order to receive a “Trade Value Certificate” which contains: (i) an estimated vehicle value (“Auto Value Estimate”) for the User’s used automobile (“User Vehicle”), as provided directly by the third-parties (“Third-Party Auto Database Operators”) that operate a proprietary database of automobile valuations (“Third-Party Auto Database”); and (ii) an estimated state tax savings associated with a vehicle trade in, depending on the User’s state of residence and value of the automobile buy-back, as calculated in reliance on publicly available sales tax rates and information made available by and through the Third-Party Auto Database (“Tax Estimate”); or (b) third-party real estate clients (“Third-Party Realtors”) in order to receive a “Home Value Certificate” which contains an estimated home/property value (“Home Value Estimate,” and together with the Auto Value Estimates, the ”Value Estimates”) for the User’s home/property (“User Real Property”), as provided directly by the third-parties (“Third-Party Home Database Operators,” and together with the Third-Party Auto Database Operators, the “Third-Party Database Operators”) that operate a proprietary database of home valuations (“Third-Party Home Database,” and together with the Mailer, Trade Value Certificate, Value Estimates, Third-Party Auto Database and Tax Estimate, the “Mailer Offerings”).

Capitalized terms not defined herein shall have the meanings set forth in the TEXTiUM® Instant Values Terms and Conditions (“Terms and Conditions”), which you can access here. IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE UTILIZE THE MAILER OFFERINGS.

Your California Privacy Rights

If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third-parties, what categories of personal information that we have shared with third-parties in the preceding year, as well as the names and addresses of those third-parties, please e-mail us at: support@textium.com call us at (833) TEXTiUM; or send us mail to: 1520 South 5th Street, Suite 308A, St. Charles, MO 63303.

Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes, please e-mail us at: support@textium.com call us at (833) TEXTiUM; or send us mail to: 1520 South 5th Street, Suite 308A, St. Charles, MO 63303.

Your Nevada Privacy Rights:

If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please: e-mail us at support@textium.com; call us at (833) TEXTiUM; or send us mail to: 1520 South 5th Street, Suite 308A, St. Charles, MO 63303.

Personal Information Collected

For the purposes of this Privacy Policy, “personal information” shall mean individually identifiable information from or about an individual. Where a User transmits a User Text to TEXTiUM®, TEXTiUM® collects that User’s mobile telephone number and combines it with other personal information of that User that TEXTiUM® has collected directly and/or from third-party sources, including our Third-Party Dealers, Third-Party Realtors and Third-Party Database Operators. In addition, TEXTiUM® may work with one or more data–append service providers which enables TEXTiUM® to gather data about you from such service providers for purposes of appending that data to the personal information that TEXTiUM® has collected about you pursuant to this Privacy Policy. TEXTiUM® may use such appended data consistent with its permitted uses of personal information as set forth in this Privacy Policy.

Please be advised that: (a) TEXTiUM® does not provide the Auto Value Estimates associated with User Vehicles or Home Value Estimates associated with User Real Property; (b) TEXTiUM® does not provide tax or legal advice of any kind; (c) TEXTiUM® does not offer any real estate-related products and/or services or automobile related products and/or services, including automobile buy-backs, sales and/or rentals; and (d) nothing we do, and no element of the Mailer Offerings, should be construed as such. The Value Estimates are determined by the Third-Party Database Operators, and not TEXTiUM®. The Tax Estimates are calculated by TEXTiUM® using publicly available sales tax data and represent approximations only.

Use of Personal Information

Other than as set forth in this Privacy Policy, or where you separately provide your express consent, TEXTiUM® will never share, sell, rent, exchange or barter your personal information to or with any third-party for financial gain or marketing purposes. By transmitting a User Text to TEXTiUM®, you grant TEXTiUM® the right, subject to applicable state and federal law, to share that information with its Third-Party Dealers and/or Third-Party Realtors who may use that personal information to contact you by telephone, e-mail and U.S. mail to send you various marketing messages that contain promotional offers from those Third-Party Dealers and/or Third-Party Realtors, as well as offers from the respective third-party partners of those Third-Party Dealers and/or Third-Party Realtors. If you wish to stop receiving future communications from any of our Third-Party Dealers and/or Third-Party Realtors, please follow the instructions at the end of the marketing message from such party(ies). If you wish to opt-out of our sharing your personal information with our Third-Party Dealers and/or Third-Party Realtors, you must refrain from transmitting a User Text to TEXTiUM®.

Where you submit personal information, we use the personal information that you make available to facilitate the delivery of the applicable Mailer Offerings to you. We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience with the Mailer Offerings and/or to contact you when necessary in connection with your use of the Mailer Offerings. We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Mailer Offerings. We may also combine the information we have gathered about you with information from other sources. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message or see the “Opt-Out/Unsubscribe” section below.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.

By transmitting a User Text to TEXTiUM®, you agree that: (a) you are requesting a one (1)-time on demand text message from TEXTiUM®, as permitted under 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 (“TCPA”); and (b) such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

Where you provide “prior express consent” within the meaning of the TCPA, you consent to receive telephone calls from TEXTiUM® and the designated Third-Party Dealer or Third-Party Realtor, as applicable, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Mailer Offerings, and your consent simply allows TEXTiUM® and the designated Third-Party Dealer or Third-Party Realtor, as applicable, to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you used to transmit a User Text to TEXTiUM® changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify TEXTiUM® of the Phone Number Change via e-mail at: support@textium.com or by using one of the methods set forth in the “Contact Us” section below.

We reserve the right to release current or past personal information: (i) in the event that we believe that the Mailer Offerings are being or have been used in violation of the Terms and Conditions or to commit unlawful acts; (ii) if the information is subpoenaed or requested pursuant to any court order or legal proceeding; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena/court order, prior to disclosure of any personal information pursuant to a subpoena; or (iii) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if TEXTiUM® is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.

Non-Personal Information Collection and Use

IP Addresses/Browser Type

We may collect certain non-personally identifiable information about your desktop computer and/or mobile device when you visit the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Mailer Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Mailer Offerings.

Cookies

When a User visits the Site, we may send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign a unique identifier to the applicable User’s computer. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, visit www.cookiecentral.com. We use Cookies to improve the quality of the Mailer Offerings. We do not use Cookies to track your Internet browsing activity, or to serve you advertisements.

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a User rejects a Cookie, he or she may still use the Mailer Offerings.

Behavioral Tracking

Neither TEXTiUM®, nor any third party, uses cookies, pixels or other tracking technology on the Site for purposes of tracking Users’ activities after they leave the Site. Nevertheless, most Internet browsers contain a “do-not-track” setting. In general, when a “do-not-track” setting is active, the User’s Internet browser notifies other websites that the User does not want his/her Information and online behavior to be tracked and used, for example, for behavioral advertising.

Cross Device Tracking

TEXTiUM® does not track Users’ use of the Mailer Offerings across multiple devices, including personal computers and mobile devices.

Aggregate Data

TEXTiUM® reserves the right to transfer and/or sell aggregate or group data about Users of the Mailer Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Mailer Offerings Users as a group, without disclosing Personal Data, or linking any personally identifiable information.

Security

We endeavor to safeguard and protect our Users’ personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter sensitive information (such as financial information), and when we store and transmit such sensitive information, that information is encrypted with advanced TLS (Transport Layer Security).

Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our Users’ personal information is restricted in our offices. Only employees or third-party agents who need User personal information to perform a specific job are granted access to User personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data via the Internet or wireless networks, is done at your own risk.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Minors

Individuals under eighteen (18) years of age are not permitted to use the Mailer Offerings and/or submit their personal information to TEXTiUM® via User Text or otherwise. TEXTiUM® does not knowingly solicit or collect information from individuals under eighteen (18) years of age.

Opt-Out/Unsubscribe

To opt-out of receiving e-mail and other forms of communication from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: support@textium.com

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Mailer Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Mailer Offerings-related and/or inquiry response-related messages from TEXTiUM®, you must cease transmitting User Texts to TEXTiUM® and/or cease submitting inquiries to TEXTiUM®, as applicable.

Deleting, Modifying and Updating Your Information

At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected. You may do so by e-mailing us at: support@textium.com. We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting your personal information may terminate your access to certain of the Mailer Offerings. If you wish to continue using the full complement of Mailer Offerings, you may not be able to delete all of the personal information that we have on file for you.

Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Transfer of Personal Information Internationally

If you send a User Text to us from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

Changes to this Privacy Policy

TEXTiUM® reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use personal information changes, TEXTiUM® will notify Users by any reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices in general, please: e-mail us at support@textium.com; call us at (833) TEXTiUM; or send us mail to 1520 South 5th Street, Suite 308A, St. Charles, MO 63303.