Privacy PolicyLast Update Posted: June 29, 2022
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1. Introduction
(a) SMS Factory, Inc. (“SMS, we, us”) recognizes that people who use Handicapper.ai’s Services (“you” or “users”) consider privacy as very important and want you to make an informed decision about whether to use or continue using the Services. This Privacy Policy details important information regarding our collection, use and disclosure of User information collected on Handicapper.ai’s sports handicapping website located at www.handicapper.ai(the "Website"), and through text messaging and emails, and any other features, tools, materials, or other services (including affiliated services) offered from time to time by SMS (the “Services”). 
(b) This Privacy Policy should be read in conjunction with our Terms and Conditions of Use. By accessing the Services, you are consenting to the information collection and use practices described in this Privacy Policy.
(c) Your use of the Services and any information you provide through the Services remains subject to the terms of this Privacy Policy and our Terms and Conditions of Use, as each may be updated from time to time.
(d) Should you wish to contact us or have any questions or concerns, you may email us athandicapper@smsfactory.com or reach us by mail:
SMS Factory, Inc.
11231 US Highway #1, #432
North Palm Beach, Florida 33408

2. Information We Collect
(a) This Privacy Policy will apply as you use our Services and submit information to us through your use of our Services. You provide certain personal information to handicapper.ai when choosing to participate in the various Services such as registering for an account, becoming a subscriber, posting messages, purchasing information or subscribing to newsletters or other sources of information. The personal information we collect from you generally may include: your name; email address; date of birth; credit card or other payment billing information; physical address; newsletter and other information source subscriptions; communications sent from you to us; and any other information you may submit to us. 
(b) Cookies: When you visit our handicapper.ai Website, we may send one or more cookies(which are small files) to your computer or other device, which may enable us or others to uniquely identify your browser. We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser; persistent cookies may be used by your browser on subsequent visits to the Website. Persistent cookies can be removed by following your web browser help file directions. Session cookies are temporary and typically disappear after you close your browser. You may be able to reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of our website may not function properly if the ability to accept cookies is disabled.
(c) Log File Information: When you use our Services, our servers may automatically record certain information that your device sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
(d) Clear GIFs Information: When you use our Services, we may employ technology such as "clear GIFs" (a.k.a. web beacons) which are used to track the online usage patterns of our users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by specific users.
(e) We may also collect information about you from third parties, such as marketing partners, identity verification services, anti-fraud services and other service providers.

3. How We Use Your Personal Information
(a) We use your personal information to operate, maintain, and provide you with the features and functionality of the Services, including but not limited to the following: (i) providing you with our products and services; (ii) processing and responding to inquiries; (iii) personalizing your use of the Services; (iv) alerting you to new features, special events, products and services, or certain third-party products or services in which we think you will be interested; and (v) enforcing the legal terms that govern your use of the Services.
(b) We may use your information to communicate with you about: (i) our products and Services in which you may be interested provided that you have not requested otherwise; (ii) newsletters and information for which you have signed up; and (iii) non-marketing or administrative purposes (such as notifying you of major changes to the Services or for customer service purposes).
(c) We use your information to improve the quality and design of our Services and to create new features, promotions, functionality, and services such as by storing, tracking, and analyzing user preferences and trends.
(d) We also use cookies, clear gifs, and log file information, for such purposes as (a) remembering information so that you will not have to re-enter it during your visit or the next time you visit our Website; (b) providing custom, personalized content and information; (c) monitoring the effectiveness of our marketing campaigns; (d) monitoring aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) tracking your entries, submissions, and status in promotions, sweepstakes, and contests. You can learn more about how these technologies are used in the Section below, Third Party Advertising.
(e) We may anonymize, de-identify, or aggregate your information for any legitimate business purposes, including for reporting and research, or advertising. Such anonymized and/or aggregated data does not personally identify you. Sometimes, this information may be used to target more relevant content or offers to you across different devices, as an example, we may provide you with offers and content based on your web-based activity.
(f) We will retain personal information as long as necessary to fulfill these purposes unless the law requires us to keep it for a longer period of time. To provide security and business continuity for the activities described here, we make backups of certain data, which we may retain for longer than the original data.

4. Under What Circumstances Might We Disclose Information
(a) We may disclose the information we collect or receive from you to our subsidiaries, affiliated companies, agents, or other businesses, or service providers who process your information on our behalf in order to provide or operate the Services. For instance, these entities may have access to your information for purposes including (but not limited to) billing and accounting, hosting, marketing, promotional and email services, customer and technical support, and for the purpose of accepting payment for purchases and processing such information on our behalf, and in each case, may use the information to make improvements to the services they provide to us. Our agreements with these service providers limit the kinds of information they can use or process and require them to use reasonable efforts to keep your personal information secure.
(b) When you choose to share information with social media services about your activities on handicapper.ai by, for example, connecting your social media account to our Services, then we may share your personal information and information about your use of the Services with such social media sites. Please make sure to read the terms and privacy statements of such sites prior to connecting to our Services in this way.
(c) In the event that we may use your personal information (such as your name and photo) in connection with publicity purposes.
(d) In the event that you win a promotion run by us we may be required to either publish or make available upon request your name and state in accordance with applicable legislation.
(e) We may publish a profile page that includes your username, the date you became a member, your stats from previous games and, if you uploaded one, your profile picture. Where you post personal information about yourself through our Services to public areas of our Services, you acknowledge and agree that this personal information will be publicly available.
(f) We also may share personal information in other situations with your consent.
(g) SMS and handicapper.ai also reserve the right to disclose personal information that we believe, in good faith, is appropriate or necessary to enforce our Terms and Conditions of Use, take precautions against liability or harm, to investigate and respond to third-party claims or allegations, to respond to court orders or official requests, to comply with state and federal regulations, to protect the security or integrity of our Services, and to protect the rights, property, or safety of handicapper.ai, SMS, our users or others.
(h) In the event that SMS is involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, or other change of control of SMS (or just handicapper.ai), there may be a disclosure of your personal information to another entity related to such event.

5. Processing Personal Data
Some laws require companies to tell you about the legal grounds they rely on to process your personal information. Here are our reasons:
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(a) Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests’ in commercial activities such as the following in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals: (i) customer service; (ii) marketing; (iii) protecting our subscribers, our personnel and property; (iv) analyzing and improving our business; (v) processing job applications; and (vi) managing legal issues.
We may also process personal data for the legitimate interests of our affiliates or business partners, such as to offer special events or contests or assist with marketing.

(b) Processing for contract needs: Some of our processing of personal data is to meet our contractual obligations with our subscribers.

(c) Consent: Where required by law, and in some other cases, we handle personal data on the basis of your implied or express consent.
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(d) Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.

6. Options
(a) We will process your personal information in accordance with this Privacy Policy, but you should take note that you have certain choices on how we process your personal information. These choices are set out below.

(b) You can access and update certain personal information SMS and handicapper.ai holds about you at any time by logging into your account via the Services. You can update your marketing preferences and whether or not you would like us to send you newsletters in your account. You can also unsubscribe to marketing emails, texts and newsletters by using the 'unsubscribe' feature in the communication.

(c) You can contact us as described below with any other concerns, requests or complaints regarding our data collection, data use or data transfer. You also have a right to file a privacy complaint with the relevant privacy regulator, but we respectfully invite you to allow us to try to resolve the matter directly. We will attempt to answer your questions and satisfy your concerns in a timely and complete manner.

7. Information Security
We are committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. While neither we, nor any other organization, can guarantee the security of information processed online, we do have appropriate security measures in place to protect your personal information. For example, we store the personal information you provide on computer systems with limited access that are located in facilities to which access is limited. To further protect your privacy and security, we reserve the right to take reasonable steps to verify your identity before granting you profile access or making corrections.

8. State-Specific Privacy Rights
(a) Shine the Light Disclosures. If you reside in California, you may request certain general information regarding our disclosure of personal information during the preceding year to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:

SMS Factory, Inc.
11231 US Highway #1, #432
North Palm beach, Florida 33408

(b) California Consumer Privacy Act. If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).

Throughout this Privacy Policy we discuss in detail the specific pieces of personal information we collect from and about users. Under the CCPA, we are also required to provide you with the “categories” of personal information we collect. The categories we may collect are: identifiers (such as name, address, email address, driver’s license); commercial information (such as deposit or contest entry data); financial data (such as payment information); internet or other network or device activity (such as browsing history or Services usage); geolocation information (e.g., your city and state based on IP address); professional or employment related data (e.g., as part of your profile); audio information (e.g., if you participate in a customer support call and do not opt out of call recording); in certain circumstances, information used to manage potential fraud or legal risk; inference data about you; and other information that identifies or can be reasonably associated with you.

We use and disclose the categories of personal information we collect from and about you consistent with the various business purposes we discuss throughout this Policy, and how you engage with the Services. Please see the relevant section(s) above for more information.


(c) Your California Privacy Rights- CCPA Rights
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request: (i) information about the categories of personal information we collect or disclose about you; (ii) the categories of sources of such information; (iii) the business or commercial purpose for collecting your personal information; and (iv) the categories of third parties with whom we share/disclose personal information. Such information is also set forth in this Privacy Policy.
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You may also request that we: (i) provide access to and/or a copy of certain information we hold about you; (ii) delete certain information we have about you; and (iii) provide you with information about the financial incentives that we offer to you, if any.

The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.

We will consider all requests and provide our response within the time period proscribed by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information or to comply with a legal obligation. We will let you know where this is the case or if certain rights don’t apply in your state of residence. We also will take reasonable steps to verify your identity before responding to a request, which might include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, and date of birth. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such request or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. Additionally, exercising your deletion right may mean that you may no longer be able to use the Services.

If you would like further information regarding your legal rights under California law or would like to exercise any of them, please contact us at 1-855-323-8679. 

(d) Notice of Right to Opt Out of Sale of Personal Information
Although Handicapper.ai has no intention of selling or sharing your personal data with any third parties, in the interests of disclosure of California law, California residents may opt out of the “sale” of their personal information. California law broadly defines “sale” in a way that includes anytime we share your information with third parties, such as advertisers or others (including sports leagues or teams) to provide you with offers and promotions that we believe may be of interest to you. It also may include allowing third parties to receive certain information, such as cookies, IP address and/or browsing behavior, to deliver targeted advertising on the Services or other services. Advertising, including targeted advertising, enables us to provide you certain content for free and allows us to provide you offers relevant to you.

9. Changes and Updates
We expect that this Privacy Policy will be revised periodically; please refer to the "Last update posted" date above. We suggest that you revisit this Privacy Policy often to keep abreast of the changes. If a revision to this Privacy Policy, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Please note our contact information for any questions or other assistance regarding this Privacy Policy is: handicapper@smsfactory.comPlease note “Privacy Policy” in the header to your email.