- Personally Identifiable Information Collection and Use
- Aggregate Information Collection and Use
- Sharing, Selling and Trading Personally Identifiable Information Collected Online With Third Parties
- Sharing, Selling and Trading Aggregate Information Collected Online With Third Parties
- Links To Third Party Websites
- Disclaimer of Warranties
- Business Transfers
- Information Removal/SMS-Out
Personally identifiable information (such as name, email address, and telephone number) may be collected by SMS only from voluntary submissions by visitors to the Site when visitors would like to contact SMS about products or services or would like to subscribe to one of our information services. In addition, upon receipt of your personally identifiable information, SMS may from time to time send to you information about its products or services that SMS believes would be of interest to you, subject to your SMS-out rights described below. Your personally identifiable information is used by SMS solely for the purposes described in this Section.
SMS reserves the right to collect or “Aggregate Information,” which is non-personally identifiable/anonymous information, such as frequency of visits to the Site, Site pages most frequently accessed, browser type, etc. Aggregate Information will be used only in a collective manner, and no single person can be identified by this compiled information.
Except as described below, SMS will not share, sell or trade to third parties any personally identifiable information collected from visitors of the Site.
In addition, SMS may share or transfer personally identifiable information to unrelated third parties in the following circumstances: (i) to comply with a legal requirement, judicial proceeding, court order, or legal process served on SMS, (ii) to investigate a possible crime, such as fraud or identity theft; (iii) to a successor, in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of SMS; or (iv) when we believe it is appropriate to do so to protect the rights, property, or safety of SMS or other persons or entities. SMS will not share, sell or trade your personally identifiable information with or to third parties (other than third party service providers that are authorized to provide services on our behalf as described in the preceding paragraph).
We reserve the right to sell, share or trade compiled Aggregate Information with third parties. As stated earlier, no single person can be identified by such Aggregate Information.
SMS is sensitive to parents’ concerns about the collection of personally identifiable information from children. Our Site is not directed to children under the age of 13, and we will never request personally identifiable information from anyone whom we know to be under the age of 13 without verifiable parental consent. If we become aware that a visitor to our Site is under the age of 13 and has provided personally identifiable information without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.
The security of your personally identifiable information is important to us and SMS is committed to handling your customer information carefully. Unfortunately, no data transmission over the Internet, or method of electronic storage, can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, we cannot guarantee its absolute security. IN NO EVENT WILL SMS OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, agents, licencors, suppliers OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL USER IDENTIFIABLE INFORMATION STORED THEREIN, OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF SMS OR OUR AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SMS’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
In the event that SMS sells all or substantially all of its assets, SMS may disclose and (as noted above) transfer to any purchaser of such assets the personally identifiable information of visitors to the Site and aggregate information.
If you prefer not to receive marketing e-mails or other materials from SMS, please let us know by clicking on the unsubscribe link within any marketing e-mail (if you received such an email from us) or let us know by sending an email to [email protected]. Please be sure to include in any e-mail or postal mail request: your full name, email address, postal address and any message. Please note that such requests may take up to 10 days to become effective.