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Privacy Policy

Privacy Policy

Updated Date: August 25, 2025

Otter Technologies, Inc. (“OtterText,” “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, disclose, and protect personal information through our SMS marketing platform (“Service”), including our website (ottertext.com, “Website”), mobile app, messaging services, and AI Features (collectively, the “Platform”). This policy applies to users in the United States and Canada. For questions, contact support@ottertext.com.

1. Introduction

This Privacy Policy describes our practices for handling personal information provided by users (“you” or “users”) when you access or use the Platform, including submitting phone numbers for 10DLC messaging, enabling AI Features, or connecting third-party integrations. We adhere to U.S. laws (e.g., California Consumer Privacy Act, CCPA, as amended by the California Privacy Rights Act, CPRA; Telephone Consumer Protection Act, TCPA) and Canadian laws (e.g., Canada’s Anti-Spam Legislation, CASL) to protect your data. This Privacy Policy has been updated to reflect 2025 amendments to the CCPA, including requirements for automated decision-making technology (ADMT), risk assessments, and cybersecurity audits. It applies if we meet CCPA thresholds (e.g., processing personal information of 100,000+ California consumers annually).

2. Definitions

  • Personal Information: Information that identifies or can be linked to an individual (e.g., name, phone number, email), as defined by CCPA and CASL.
  • Your Content: Data, messages, or materials you submit to the Service, including customer contact lists and AI Feature Outputs.
  • AI Features: Optional tools using artificial intelligence to generate content or analytics, as defined in the AI Policy.
  • 10DLC: A 10-digit long code phone number registered for business SMS, vetted for compliance in the U.S. and Canada.
  • Automated Decision-Making Technology (ADMT): Automated processing of personal information to analyze or predict aspects like preferences, used in AI Features for personalization.
  • Sensitive Personal Information: As defined by CCPA, includes data like precise geolocation or DOB (if collected for age verification in SHAFT campaigns).
  • High-Risk Processing: Activities posing significant privacy risks, such as ADMT or sharing for behavioral advertising.

3. Information We Collect

We collect personal information when you:

  • Voluntarily Provide It: When you sign up, use the Platform, submit phone numbers for 10DLC messaging, or contact support.
  • Use Our Services: Through account creation, campaign setup, or third-party integrations (e.g., CRMs).

Types of Information (using CCPA categories):

  • Identifiers: Name, email, phone number, IP address.
  • Commercial Information: Billing details, campaign data.
  • Internet or Electronic Network Activity: Usage data, interactions.
  • Inferences: Derived from AI Features (e.g., preferences for personalized SMS).
  • Sensitive Personal Information: DOB if provided for age verification in SHAFT (e.g., tobacco) campaigns.

Sources include direct input, integrations, and automated collection via cookies.

4. How We Use Information

We use personal information to:

  • Provide and improve the Service (e.g., send SMS, generate AI Outputs).
  • Process payments and manage accounts.
  • Ensure compliance with U.S. (TCPA, CCPA) and Canadian (CASL) laws.
  • Detect and prevent fraud, spam, or abuse.
  • Communicate with you (e.g., support, updates).
  • Analyze usage to enhance Platform functionality, using de-identified data where possible.
  • Send 10DLC messages as requested, with clear opt-in consent.

For AI Features, we use Your Content to generate Outputs and improve algorithms, but personal data is not shared publicly or with third parties except as outlined in Section 6.

Automated Decision-Making: We may use ADMT in AI Features to personalize content or analyze campaigns (e.g., inferring recipient preferences). Before such use, we provide this notice. Purposes include improving SMS relevance, with decisions potentially affecting marketing outcomes.

We conduct risk assessments for high-risk uses, such as ADMT or sharing with carriers, to balance benefits and privacy risks.

5. 10DLC Privacy Practices

As a 10DLC service provider, we adhere to strict privacy principles:

  • Transparency: Privacy policies and Terms of Service are displayed next to phone number entry fields on the Platform.
  • Data Protection: End-user information (e.g., phone numbers) is protected and not shared or sold to third parties for marketing, lead generation, or analytics purposes.
  • Opt-In/Opt-Out:
    • Opt-in requires express consent (e.g., texting “START” or checking an unchecked box), clearly outlined in calls-to-action (CTAs) and Terms of Service.
    • Opt-out is available by texting “STOP” (U.S.) or “STOP”/”ARRET” (Canada) to the 10DLC number. Short code opt-out routes are not used.
    • Assistance is available by texting “HELP” (U.S.) or “HELP”/”AIDE” (Canada).
    • You may also opt out of data sharing under CCPA via our ‘Do Not Share My Personal Information’ link [insert prominent link, e.g., https://ottertext.com/do-not-share].
  • CASL Compliance: For Canadian recipients, consents include purpose disclosure, sender identity, and bilingual unsubscribe options, per CASL.

For SHAFT campaigns (e.g., cigars), we assess risks in processing age verification data to ensure compliance and minimize harms.

6. Disclosure of Personal Information

We do not sell or share personal information with third parties for marketing, lead generation, or analytics purposes. We may disclose information:

  • With Service Providers: Third-party vendors (e.g., AI Technology providers, carriers) process data to provide the Service, subject to confidentiality agreements.
  • With Your Integrations: Data shared via third-party apps you connect (e.g., CRMs) is governed by their privacy policies. If integrations involve ADMT, we disclose this and honor opt-outs.
  • For Legal Compliance: To comply with U.S./Canadian laws, court orders, or audits (e.g., CRTC consent audits under CASL).
  • With Consent: As authorized by you (e.g., sharing campaign data with partners).

We conduct risk assessments before high-risk disclosures (e.g., to AI providers for ADMT). Disclosures are limited and require safeguards like contracts prohibiting further sales.

7. Your Rights

  • U.S. (CCPA): California residents may request:

    • Access to personal information collected or shared.
    • Deletion of personal information, subject to legal exceptions.
    • Opt-out of sales (not applicable, as we do not sell data).
    • Right to Correct inaccurate personal information.
    • Right to Limit use of sensitive personal information (e.g., DOB for tobacco age verification).
    • Right to Non-Discrimination: No penalties for exercising rights.
    • ADMT Rights: Access details on logic/outcomes; opt out (processed within 15 days); appeal denials to a human reviewer.

    Submit requests to support@ottertext.com. We verify identity (e.g., via email confirmation) and respond within 45 days (extendable to 90). Appeals available for denials. We honor Global Privacy Control (GPC) signals for opt-outs.

  • Canada (CASL): You may withdraw consent for SMS or request access to consent records. Contact support@ottertext.com.

  • All Users:

    • Update account data via account settings.
    • Opt out of OtterText messages by replying “STOP”/”ARRET” or using unsubscribe links in emails.
    • Manage cookie preferences (see Section 8).

8. Cookies and Tracking Technologies

We use cookies and similar tracking technologies on our Website to enhance your browsing experience and provide relevant information. Cookies are small text files placed on your device when you visit our site.

Types of Cookies:

  • Essential Cookies: Necessary for basic functionality (e.g., navigation, secure access).
  • Analytical Cookies: Gather insights on website usage (e.g., popular pages, user interactions) to improve the Platform.

Purposes:

  • Remember your preferences.
  • Analyze traffic and user behavior.
  • Offer personalized content and advertisements.

User Control: By using our Website, you consent to cookies. You can manage preferences through browser settings (e.g., block or delete cookies). Disabling cookies may limit Platform functionality. If tracking involves ADMT or high-risk processing, we conduct assessments. Opt out via browser settings or our ‘Do Not Share My Personal Information’ link [insert prominent link], including GPC. For details, contact support@ottertext.com.

We periodically review our cookies policy to ensure compliance with U.S. and Canadian laws. Updates will be posted on this page.

9. Third-Party Links

Our Platform may contain links to third-party websites or services. We are not responsible for their privacy practices or content. Review their policies before providing personal information.

10. Data Security

We use encryption, access controls, and two-factor authentication to protect personal information from unauthorized access or disclosure. However, no system is 100% secure. Notify us immediately of any breach at support@ottertext.com. If we meet CCPA thresholds, we conduct annual independent cybersecurity audits covering safeguards like encryption and access controls, certified to the CPPA.

11. Data Retention

We retain personal information as needed to provide the Service, comply with laws (e.g., CASL consent records), or resolve disputes. Account data is deleted within 30 days of termination, unless required by law (e.g., carrier audits).

12. International Transfers

Data is processed in the U.S. and Canada. By using the Service, you consent to data transfers, subject to equivalent protections under CCPA and CASL.

13. Children’s Privacy

The Service is not intended for children under 13. We do not knowingly collect their data. Contact us if you believe we have such data.

14. Changes to This Privacy Policy

We may update this Privacy Policy, with changes posted at https://ottertext.com/legal. Continued use after changes constitutes acceptance. The effective date will be updated accordingly. Changes may include updates for new CCPA regulations, like ADMT requirements.

15. Contact Us

Otter Technologies, Inc. 4845 Pearl East Cir Ste 118, PMB 56603, Boulder, Colorado 80301-6112

Email: support@ottertext.com