Attentive

Privacy Policy Overview — Attentive Mobile Inc.

Last updated: March 18, 2025

This summary is informational and does not replace the full policy.

1. Data Collection & Usage

Information collected

Attentive may collect:

• Identifiers: name, email address, telephone number.
• Communication and preference information: marketing preferences and engagement with emails or other communications.
• Website and support information: content interactions, contact requests, customer-service inquiries, surveys, contests, and research participation.
• Client Consumer information: names, email addresses, and telephone numbers supplied by Attentive’s business clients.
• Device and usage data: IP address, browser, operating system, device identifiers, device type, pages visited, referring webpage, features used, time spent, dates and times of use, and usage preferences.
• Transaction information: transaction participants, subject lines, transaction history, payment-method details, and authentication methods.
• Social-media information: name, email, comments, content, promotions, and information submitted through platforms such as Facebook, Instagram, X, and LinkedIn.
• Third-party information: data received from service providers, advertisers, business partners, data companies, and other sources.

Attentive uses this information to provide and improve the Service, administer accounts, process payments and invoices, provide support, maintain security, detect fraud, conduct analytics and research, personalize content and advertising, send marketing, and comply with legal obligations.

Attentive may aggregate or anonymize information for statistical analysis and other purposes. It retains information as long as necessary for services, legal compliance, dispute resolution, protection of its interests, and enforcement of agreements.

2. User Rights and Choices

Depending on applicable law, website visitors and representatives of Attentive’s clients may be able to:

• Access or obtain a copy of their information.
• Correct inaccurate or outdated information.
• Delete information.
• Restrict, object to, or cancel certain processing or disclosures.
• Opt out of direct marketing and interest-based advertising.
• Withdraw consent.
• Request transfer of information to another provider.
• Lodge a complaint with a data-protection authority.

Attentive may verify identity and may deny or limit requests where legally permitted—for example, when retention is required by law or justified by legitimate interests.

Client Consumers—people whose information was submitted by an Attentive client—generally must exercise rights through that client. For marketing messages, users should unsubscribe or reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. Opting out from one client does not automatically stop messages from other clients.

The policy states that Attentive does not sell Personal Information.

3. Third-Party Sharing

Attentive may disclose information to:

• Service providers handling analytics, payments, hosting, security, IT, and website management.
• Advertising partners for interest-based or retargeted advertising.
• Attentive’s clients, regarding their own Client Consumers.
• Affiliates and related entities.
• Government authorities, courts, and regulators when legally required or deemed necessary to protect rights or safety.
• Potential buyers, advisers, or transaction parties during a merger, acquisition, financing, or asset sale.
• Other parties when authorized by the user.

Third-party analytics services, including Google Analytics, and advertising technologies may track activity across websites. Third-party websites, social-media features, and plug-ins are governed by their own policies, not Attentive’s.

4. AI/ML Training

The policy does not expressly state whether Personal Information is used to train artificial-intelligence or machine-learning models. It permits analytics, research and development, personalization, and use of aggregated or anonymized information. Users should not assume that individual data is excluded from AI/ML-related development unless Attentive provides a separate, more specific statement.

5. Key User Responsibilities and Restrictions

• The Service is intended for people 18 and older, subject to local-law requirements.
• Users are responsible for reviewing third-party privacy policies before using linked services or social-media features.
• Disabling cookies may prevent access to certain features.
• Opt-outs may not eliminate all advertising; they may only prevent interest-based personalization.
• Attentive does not guarantee that it honors browser Do Not Track signals.
• Client Consumers should direct privacy and messaging requests to the relevant Attentive client.

6. Liability and Disputes

Attentive states that it maintains reasonable security safeguards but does not guarantee the security of stored information. The policy does not provide a broad damages cap, warranty disclaimer, arbitration clause, or governing-law provision for ordinary disputes.

For EU, UK, and Swiss Client Consumer data transferred to the United States, Attentive relies on the Data Privacy Framework. Complaints should first go to Attentive, then may be referred to JAMS at no charge; under certain conditions, binding arbitration before a Data Privacy Framework Panel may be available.

7. Policy Changes

Attentive may update the policy periodically. It promises to notify users of material changes, but does not specify the notification method, advance notice period, or whether continued use constitutes acceptance. Users should review the policy periodically.

Privacy Policy Overview — Attentive Mobile Inc.

*Last updated: March 18, 2025*

1. Data Collection & Usage

Information collected

Attentive may collect:

• Identifiers: name, email address, telephone number.
• Communication preferences: interests and engagement with marketing messages.
• Contact and support information: information submitted through inquiries, customer service, surveys, contests, and research studies.
• Client Consumer information: names, email addresses, and phone numbers provided by Attentive’s business clients.
• Device and usage data: IP address, browser, operating system, device identifiers, device type, pages viewed, referring webpage, time spent, dates and times of use, and usage preferences.
• Transaction data: parties’ names and email addresses, transaction history, payment-method details, and authentication information.
• Social media information: profile details, comments, content, promotions, or information submitted through platforms such as Facebook, Instagram, X, and LinkedIn.
• Third-party information: data received from service providers, advertisers, business partners, and data companies.

How it is used

Attentive uses information to:

• Administer accounts, verify information, process payments, and handle invoicing.
• Provide, operate, maintain, support, and improve its services.
• Respond to communications and provide customer support.
• Detect fraud, investigate security incidents, protect the service, and resolve technical problems.
• Conduct analytics, research, product development, and create aggregated or anonymized data.
• Send marketing communications, where legally permitted and subject to preferences or consent.
• Personalize content, advertising, and user experiences, including across the Internet.
• Comply with law, enforce policies, and establish or defend legal rights.

Attentive may retain information as long as needed for services, legal compliance, dispute resolution, security, and enforcement of agreements. The policy does not provide specific deletion deadlines.

2. User Rights and Choices

Depending on location and legal eligibility, website visitors and client representatives may request to:

• Access or obtain a copy of their data.
• Correct inaccurate or outdated information.
• Delete certain information.
• Restrict, object to, or cancel certain processing or disclosures.
• Receive data in a portable format.
• Withdraw consent.
• Opt out of direct marketing and interest-based advertising.
• File a complaint with a data-protection authority.

Attentive may verify identity and may deny or limit requests where legally allowed—for example, when retention is required by law or justified by legitimate interests.

Important distinction: If Attentive processes your information on behalf of one of its clients, you generally must exercise rights through that client. You should identify the client when contacting Attentive.

Marketing opt-outs stop promotional communications, but service-related messages may continue. Unsubscribing from one client’s emails or texts does not unsubscribe you from other client programs.

3. Third-Party Sharing

Attentive may share personal information with:

• Vendors and service providers for analytics, payment processing, hosting, security, IT, and website management.
• Advertising partners for retargeting and interest-based advertising.
• The relevant Attentive client concerning that client’s consumers.
• Affiliates and related entities.
• Government authorities, courts, or regulators when legally required or considered necessary to protect rights, safety, or property.
• Buyers, advisers, or other parties involved in a merger, acquisition, asset sale, or similar transaction.
• Other parties when authorized or directed by the user.

Attentive states that it does not sell Personal Information, but it does disclose information to advertising partners and use tracking technologies for personalized advertising. Aggregated or de-identified information may be shared broadly.

Third-party links, plug-ins, and social-media features are governed by those third parties’ policies, not Attentive’s.

4. AI/ML Training

The policy does not expressly state whether personal information is used to train artificial-intelligence or machine-learning models. It permits analytics, research and development, personalization, and aggregated or anonymized uses, but does not specifically confirm or prohibit AI training. Users seeking certainty should request clarification from Attentive or the applicable client.

5. Key User Obligations and Restrictions

• The service is intended for general audiences and not for children under 18.
• Users should review third-party privacy policies before using linked services, social plug-ins, or advertising platforms.
• Users may manage cookies, but disabling them may impair features or service functionality.
• Do Not Track signals are not guaranteed to be honored.
• Client Consumers should use the relevant client’s unsubscribe process for client emails or texts, including “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “QUIT” for texts.

6. Liability and Disputes

Attentive describes its security safeguards as “reasonable,” but expressly states it cannot guarantee the security of stored information. The policy does not itself provide a comprehensive liability cap, warranty disclaimer, or general arbitration clause; those terms may appear in separate Terms of Use or client agreements.

For EU, UK, and Swiss client-consumer data transferred to the United States, Attentive relies on the Data Privacy Framework. Complaints should first go to Attentive, then may be referred to JAMS for free dispute resolution. Under certain conditions, binding arbitration before a Data Privacy Framework panel may be available. Lawful government requests, including national-security requests, may require disclosure.

7. Policy Changes

Attentive may update the policy. It promises to notify users when a change is material, but does not specify the notification method, advance notice period, or whether continued use constitutes acceptance. Users should periodically review the policy.

Terms of Use Overview

Effective date: April 25, 2017

Important: This document incorporates Attentive’s separate Privacy Policy, which is not included here. The Privacy Policy is therefore essential for understanding exactly what data is collected, retained, and disclosed.

1. Data Collection & Usage

The TOU indicates that Attentive may process information associated with:

• Account information: information provided when registering, including contact details and other requested account information.
• Subscriber information: phone numbers, email addresses, and other contact information collected through the Site by organizations using Attentive.
• Messages and User Content: marketing messages, surveys, conversations, other materials, and content you post or transmit.
• Feedback: ideas, suggestions, code, product concepts, and related materials submitted to Attentive.

The TOU says data will be collected, used, and disclosed according to the Privacy Policy. It does not specify in this document whether data is used for analytics, advertising, personalization, security, retention, or other purposes.

User Content may be used by Attentive worldwide to host, store, transmit, reproduce, distribute, modify, create derivative works from, display, promote, and otherwise operate or market the Site and Attentive’s business. You retain ownership of your intellectual property, but grant Attentive a broad, transferable, royalty-free license.

2. User Rights

The TOU provides relatively limited express data rights:

• You retain copyright and other proprietary rights in User Content you post, subject to the license granted to Attentive.
• You may stop using the Site and terminate the agreement by written notice.
• You may submit a copyright counter-notification if your content is removed following an infringement claim.
• You may reject certain future changes to the arbitration provision by written notice within 30 days.

The TOU does not describe rights to access, correct, delete, export, restrict, or object to processing of personal data. Those rights, if available, must be determined from the Privacy Policy and applicable law, such as GDPR.

3. Third-Party Sharing

The TOU expressly permits disclosure or use of User Content to provide, improve, advertise, promote, and market Attentive’s services. It does not identify specific categories of third parties, vendors, advertisers, affiliates, or government recipients.

Attentive may also disclose copyright complaints and counter-notifications to the opposing party. External websites may be linked from the Site, but Attentive disclaims responsibility for those sites and their data practices.

For detailed sharing practices, users must consult the Privacy Policy.

4. AI/ML Training

The TOU does not expressly state whether personal data, User Content, Messages, Feedback, or Subscriber information is used to train artificial-intelligence or machine-learning models.

However, the broad license for User Content and Feedback permits extensive use for improving and promoting Attentive’s business. This language could potentially encompass analytics or product development, but it does not clearly authorize or prohibit AI training. The Privacy Policy or a separate data-processing agreement should be reviewed for clarification.

5. Key User Obligations

Users must:

• Provide accurate, current account information and protect login credentials.
• Promptly report unauthorized account use.
• Send Messages only to recipients for whom the organization has legally required consent.
• Comply with applicable marketing, privacy, and communications laws, including TCPA, CAN-SPAM, CASL, GDPR, and industry best practices.
• Honor opt-out requests promptly.
• Avoid unlawful, defamatory, infringing, obscene, abusive, discriminatory, or harmful content.
• Avoid reverse engineering, unauthorized access, interference, scraping-like conduct, impersonation, malware, and unauthorized commercial use.
• Ensure they have the rights and permissions necessary for User Content.

Attentive may remove content or suspend or terminate accounts, potentially without notice, for broad categories of suspected violations or reputational harm.

6. Liability & Disputes

The Site is provided “as is” and “as available,” without warranties. Attentive disclaims responsibility for errors, viruses, data loss, interruptions, and suitability for a particular purpose.

To the fullest extent permitted by law, Attentive excludes indirect, consequential, punitive, special, and lost-profit damages. Its total liability is capped at $100.

Disputes generally must be resolved through binding AAA arbitration under the Federal Arbitration Act. Users waive jury trials and class actions, although small-claims proceedings, certain agency actions, injunctions, and intellectual-property claims are excepted. New York law governs.

Users also agree to indemnify Attentive for claims arising from their breach, misuse, or unlawful Messages.

7. Changes

Attentive may change the TOU without prior notice, although it says it will endeavor to provide notice of material changes. Revisions become effective when posted online, and continued use constitutes acceptance. Users who disagree must stop using the Site. Changes do not apply to disputes that arose before the revised terms took effect.