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SMS Privacy Policy

At The Gerken Companies, we respect your privacy. We will collect and use information through Short Message Service (commonly known as texting) only in the ways disclosed in this statement.

The Gerken Companies (“Gerken”) is committed to protecting your privacy. This Privacy Policy (“Policy”) explains how we treat the personal information that we collect and receive from you in connection with your use of the SMS Service (“Service”), which we make available to you through a third-party service provider. By using the Service, you agree to the terms of this Policy.

Personally identifiable information includes details such as your name, mobile phone number, username, or any personal information you choose to include in messages you send through the Service. If you provide us with personally identifiable information, we will treat it by this Policy.

Through the use of the Service, Gerken will receive the following information from our third-party service provider:

  • Your mobile phone number when you send a text message to us.
  • The text of messages that you send to other users of the Service.
  • Any user or screen name that you select in connection with the Service.
  • Any comments or feedback regarding the Service that you send to us.

We use personal information to:

  • Provide you with the Service.
  • Process and respond to inquiries.
  • Improve the Service.
  • If necessary, contact you with important announcements or messages.
  • Conduct research.
  • Provide anonymous reporting for internal and external clients and partners.

The Service retains each message you send through the Service (either to us or other Service users) on its servers.

Gerken will not rent or sell your personal information to other companies or individuals without your consent. We may use or disclose such information in any of the following limited circumstances:

  • We have your consent.
  • We provide such information to trusted businesses or persons to process personal information on our behalf, subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Policy and appropriate confidentiality and security measures. If the third party fails to comply with our terms, Gerken is not accountable in any way for any liability or reimbursement.
  • We provide such information to a company controlled by, or under common control with, Gerken for any purpose permitted by this Policy.
  • We respond to subpoenas, court orders, or legal processes; to establish or exercise our legal rights, or the legal rights of others; or to defend against legal claims.
  • We believe it is necessary to share personal information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.
  • We transfer personal information about you if Gerken or its assets are acquired by or merged with another company.

We may share aggregated information with others without further notice (i.e., the number of people who used the Service in a given month or the total number of texts sent in a given week).

Gerken takes precautions to ensure the security of your personal information, including ensuring that our third-party service providers protect it. However, we cannot guarantee that hackers or unauthorized personnel will not gain access to your personal information despite our efforts. You should note that when using the Service, your information will travel through third-party infrastructures outside our control (such as a third-party SMS delivery platform or your carrier network).

We cannot protect, and this Policy does not apply to, any information that you transmit to other users. You should never transmit personal or identifying information to other users.

A mobile user might opt-in by:

  • Entering a phone number online.
  • Sending a Mobile Originating (MO) message containing an advertising keyword.
  • Completing an online form that includes their phone number.
  • Signing up at a point-of-sale location.

Gerken’s third-party service provider allows you to opt out of the Service for any reason. To do so, reply STOP to any text.

We reserve the right to send you certain communications relating to the Service, such as announcements and administrative messages, without allowing you to opt out of receiving them.

The Service is not intended for children under age 13, and Gerken does not knowingly collect information from children under 13. Children aged 13 or older should not submit any personal information without the permission of their parents or guardians. By using the Service, you are representing that you are at least 18 or that you are at least 13 years old and have your parents’ permission to use the Service.

Gerken requires that users of this service be limited to US residents only.

If you have any additional questions regarding this Policy, please email our Web administrator here