Privacy Policy

Updated: 06/22/2023

Introduction

KWH Merchandising, Inc. d/b/a SuperPhone (“SuperPhone”, “we”, “us”, or “our”) respects your privacy.

This Privacy Policy explains how SuperPhone collects, uses, discloses, and secures information about you through www.superphone.io, our computer or mobile applications, and our electronic communications, including email and text messages (collectively, the “Service”). By using the Service, you consent to the processing of your information as set forth in this Privacy Policy, now and as amended by us.

We Act as a Service Provider. We act as a service provider to organizations (“Clients”) who want to engage with individual consumers (“Consumers”) through the Service. In providing the Service on behalf of our Clients, we collect and obtain information about Consumers to, among other services, deliver commercial text messages to Consumers’ mobile phones.

Information We Collect

SuperPhone collects information from and about users of our Service in a variety of ways. This information includes:

Information You Provide. We collect information you provide when you use the Service or otherwise communicate with us. If you are a Client, we will collect the information you provide when you register for and use the Service. Should you choose to upload your contacts, this does include the contact information you've uploaded. The same goes for any images you may want to use for your forms, widgets or other parts of the app. If you are a Consumer, the information you provide can include: (i) information you provide via the Service, such as your name, email address, phone number, and any required consents; (ii) your messaging history and any information included in your messages with Clients via the Service; and (iii) information you provide our customer support team.

Client Submitted Information about Consumers. Clients may provide us with information about their Consumers through the Service, through other sources such as third party services or offline for inclusion in the Service. Such information may include personal information like name, email address, address and telephone number. Our Clients are responsible for providing notice and obtaining appropriate consents necessary for us to process this information.

Device and Usage Information. Like most online services, we automatically receive standard technical information when you interact with our Service including browser and device information such as unique device identifiers, internet protocol (IP) addresses (which may identify your general geographic location), browser types, and the date and time. We also receive information about your interactions with our Service and webpages of our Clients that have incorporated features from our Service, such as which pages you visited and how much time was spent on the page.

We may collect this information using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable us to personalize your experience on the Service (e.g. send you personalized text messages such as shopping cart reminders), maintain a persistent session, passively collect demographic information, and monitor advertisements and other activities. Our Service may use different kinds of cookies and other types of local storage (such as browser-based or plugin-based local storage).

From other Sources. We may receive information about you from third-party sources other than our Clients such as advertisers, partners, and other third parties we work with. We may combine this information with other information we received about you through the Service.

How We Use Your Information

We use information in a variety of ways to provide our Service and to operate our business, including the following:

Service Related Usage. We use the information we collect about and from you for a number of purposes, including: providing, supporting, and improving the Services, analyzing how you use the Service, and better tailoring content, advertisements, and features.​

Communications. We use your information to communicate with you. For example, we may send email to the email address you provide to us, push notifications to your mobile device if they are enabled, or text messages, to verify your account and for informational and operational purposes, such as account management, customer service, system maintenance, and other Service-related purposes.

Improve our Services. We use the information that we collect (i) to understand and analyze usage trends and preferences; (ii) to monitor and analyze the effectiveness of our Service; and (iii) to improve our Service and develop new products, services, features, and functionality.

Marketing. We may use information we collect for marketing purposes, such as providing you with promotional materials that may be useful, relevant, valuable or otherwise of interest to you. Where required under applicable law, we’ll obtain your prior opt-in consent to send you electronic marketing communications.

How We Share Your Information

We may share, transfer, or disclose your information, if you consent to us doing so, as well as in the following circumstances:

Clients. If you are a Consumer, we may share information about you with a Client that you interact with, such as your messaging history with that Client. Your personal information may also be subject to the Client’s privacy policy. We are not responsible for the Customer’s processing of your personal information.

Service Providers. We share information with third parties who provide services to us, such as analytics, web site management, information technology, and other similar service providers.

Comply with Legal Requirements. We may disclose your information as we believe to be necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) enforce our Terms of Use; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.

Corporate Transactions. We reserve the right to transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.

Aggregate, De-Identified Information. We may use your data to create aggregate or statistical information that does not directly identify a specific person, and we may share that information. For example, we may share anonymous and aggregated reports and information on user demographics and traffic patterns with third parties.

Payment Information. When you make payments through the Service, you may need to provide financial account information, such as your credit card number, to our third-party service providers. We do not collect or store such information, though we may receive information about completed transactions that does not include credit card account numbers.

Personal information. No personal information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Information Security

We take steps in an effort to treat your information securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.​

Retention of Personal Information

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.  

Children’s Privacy

We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of the Service is directed to children under the age of 13. If you learn that your child has provided us with personal information without your consent, you may alert us at the contact information listed below. If we learn that we have collected any personal information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

Your Choices

If you do not want the Service to collect information through the use of cookies, your browser may allow you to be notified when you receive certain types of cookies and restrict or disable certain cookies. Each browser is different, so you should check your browser’s “Help” menu to learn how to change your cookie preferences. Please be aware that if you disable or reject cookies, some features may not work properly.

You can opt-out of receiving further promotional emails from us by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at the email address listed below.

You can opt-out of receiving further commercial text messages from us by responding to a SuperPhone generated text message with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT.

Your Rights Under the California Consumer Privacy Act of 2018 (CCPA)

Under the California Consumer Privacy Act of 2018 (CCPA), if you are a California resident, you have the following rights: 1) Right to request disclosure of our data collection and sales practices, 2) Right to request a copy of personal information we’ve collected about you during the 12 months prior to your request, 3) Right to request that your personal information be deleted, 4) Right to request that your personal information not be sold to third parties, and 5) Right not to be discriminated against because you exercise any of the above rights.

You may only make a personal information request under the CCPA twice in a 12-month period. If you make such a request, we will need to collect information from you so that we can verify your identity. We will respond within 45 days of receiving your personal information request.

SuperPhone does not sell Personal Information to third parties (pursuant to the CCPA).

Third-Party Websites/Applications

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk. 

Contact Us

If you have any questions or comments about this Privacy Policy, our privacy practices or if you would like to exercise your rights and choices,
please contact us at: team@superphone.io, by writing to us at: KWH Merchandising Inc, Attn: Privacy Dept., 228 Park Ave S, #41371, New York, New York 10003-1502, or by phone at 1-212-785-2526.

Privacy Policy Updates

We may update this Privacy Policy from time to time. If we make any changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy. If we decide to use particular personal information in a manner materially different from that stated at the time it was collected, we will let you know through our Service, by email, or other communication.