This privacy policy applies between you, the User of this Website and/or Service, and NOW Distribution Limited, the publisher and provider of this Website and Service. NOW Distribution Limited takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website and Service.
Please read this privacy policy carefully.
Definitions and Interpretations
1.) In this privacy policy, the following definitions are used:
| Data | collectively all information that you submit via the Website and/or Service. This definition incorporates, where applicable, the definitions provided in the Data Protection Act 1998; |
| Cookies | a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies); |
| NOW Distribution Limited, we or us | NOW Distribution Limited, the publisher of NowSMS software products, and provider of the NowSMS Cloud Service; |
| UK and EU Cookie Law | the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011; |
| User or you | any third party that accesses the Website or Service, and is not either (i) employed by NOW Distribution Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to NOW Distribution Limited and accessing the Website or Service in connection with the provision of such services; and |
| Website | the website https://nowsms.com, and any sub-domains of nowsms.com and smshosts.com, unless expressly excluded by their own terms and conditions. |
| Service or Cloud Service | the NowSMS cloud service operating at https://smshosts.com and all sub-domains of smshosts.com, and the associated “NowSMS Modem” phone App. |
2.) In this privacy policy, unless the context requires a different interpretation:
- the singular includes the plural and vice versa;
- references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- “including” is understood to mean “including without limitation”;
- reference to any statutory provision includes any modification or amendment of it;
- the headings and sub-headings do not form part of this privacy policy.
Scope of this Privacy Policy
1.) This privacy policy applies only to the actions of NOW Distribution Limited and Users with respect to this Website and Service. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
Data Collected and Our Use of Data
1.) We may collect the following Data, which includes personal Data, from you:
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- Name
- Email address
- Phone Number
- Employer/Company Name
- Technical Support queries and posts in the public “Support Forums” area of the website
- Cloud Service Only: SMS and/or MMS message content transmitted via the Service, including message text, source and destination phone numbers
- Cloud Service Only: Statistical information regarding SMS and/or MMS messages transmitted via the Service
2.) In the case of all data collected, in accordance with this privacy policy:
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- For purposes of the Data Protection Act 1998, NOW Distribution Limited is the “data controller”.
- Technical Support queries and posts in the public “Support Forums” area of the website: We will retain any Data you submit indefinitely, for the purpose of helping other users with similar queries. You can request your account removal at any time by emailing nowsms@nowsms.com, but this will not remove previously submitted information. To request removal of previously submitted information, email nowsms@nowsms.com, providing the URL page reference and an explanation of the specific content that should be removed.
- Cloud Service Only: With the exception of SMS and/or MMS content, we will retain any Data you submit for as long as you hold an account with the Cloud Service. You can request your account to be removed, including all associated data, at any time by emailing nowsms@nowsms.com.
- Cloud Service Only: By default, log files record details of SMS and/or MMS message content transmitted via the Service, including message text, source and destination phone numbers. These logs are kept for 90 days, and are accessible to you and us. A configuration option is available to disable message text from being included in these logs.
- Unless we are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, your Data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group.
- All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see the clause below (Security).
- Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
- internal record keeping;
- improvement of our products / services;
- on-going operation of your account.
Links to other Websites
1.) This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.
Change of Business Ownership or Control
1.) NOW Distribution Limited may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of NOW Distribution Limited. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
2.) We may also disclose Data to a prospective purchaser of our business or any part of it.
3.) In the above instances, we will take steps with the aim of ensuring your privacy is protected.
Controlling Use of Your Data
1.) Wherever you are required to submit Data, this will not be used for marketing or sharing Data with third parties unless you choose to opt in to these services;
Functionality of the Website and Service
1.) To use all features and functions available on the Website, you may be required to submit certain Data.
2.) You may restrict your internet browser’s use of Cookies. For more information see the clause below (Cookies).
Accessing Your Own Data
1.) You have the right to ask for a copy of any of your personal Data held by NOW Distribution Limited (where such Data is held) on payment of a small fee, which will not exceed £5.
Security
1.) Data security is of great importance to NOW Distribution Limited and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.
2.) Cloud Service Only: The password you supply to create your account is one-way encrypted. This encryption means that only the User has access to their password. Forgotten passwords must be reset and can never be retrieved.
3.) We endeavour to do our best to protect your personal Data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website.
Cookies
1.) The Website and Service may place and access certain Cookies on your computer.
NOW Distribution Limited uses Cookies to improve your experience of using the Website and/or Service, and to improve our range of services.
NOW Distribution Limited has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
2.) All Cookies used by this Website and Service are used in accordance with current UK and EU Cookie Law.
3.) All Cookies used by this Website and Service have no nutritional value. They contain no artificial sugar.
4.) The Website and Service may place the following Cookies:
| Type of Cookie | Purpose |
| Strictly necessary cookies | These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services. |
| Analytical cookies | We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
The only analytical cookies in use on our site are for Google Analytics. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so that they can improve it. Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site. Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page. Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page. |
5.) You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
6.) You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
7.) It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
General
1.) You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
2.) If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
3.) Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
4.) This privacy policy is governed by and interpreted according to English law. All disputes arising under this privacy policy are subject to the exclusive jurisdiction of the English courts.
5.) NOW Distribution Limited reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.
6.)You may contact NOW Distribution Limited by email at nowsms@nowsms.com.
NOW Distribution Limited, of registered address: Wilkins Kennedy, Mount Manor House, 16 The Mount, Guildford, Surrey GU2 5HS, is a company registered in England with company number 3924160.
Office Address: Bourne House, 475 Godstone Road, Whyteleafe, Surrey, CR3 0BL United Kingdom
15 June 2017