This privacy notice discloses the privacy practices for (chiirp.com). This privacy notice applies solely to information collected by this website. It will notify you of the following:
- What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Gathering and Usage
- We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
- We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
- We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
- Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.
- While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment
Last updated: (April 30, 2019)
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the chiirp.com website and the Mobile App mobile application (the "Service") operated by HWY 18, Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring monthly basis for such services.
- Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the legality of such content.
- Contacts or leads ("Contacts") imported, created, updated or otherwise added to the Service remain the sole property of you. We will not export, share, solicit or otherwise make use of your Contacts.
Links To Other Web Sites
- Our Service may contain links to third-party web sites or services that are not owned or controlled by HWY 18, Inc.
- HWY 18, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that HWY 18, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
- We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- If you have any questions about these Terms, please contact us.
The Federal Communications Commission has issued rules to ensure consumer protection in regard to commercial SMS messaging; that is the sending of marketing text messages to mobile phones. The Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act are the applicable laws regulating marketing using SMS messaging in the United States of America.
The CAN-SPAM Act defines commercial messages as those that primarily advertise or promote a commercial product or service. This excludes transactional messages – notifications to facilitate a transaction a consumer has already agreed to, for example, messages that provide information about your existing account or warranty information about a product you’ve purchased. Also excluded are non-commercial, informational texts, for example, those by or on behalf of tax-exempt non-profit organizations, those for political purposes, and other non-commercial purposes, such as school closings.
The application of these regulations to commercial SMS messaging are set out in compliance and best practice manuals by industry bodies, namely the CTIA – The Wireless Association and the Mobile Marketing Association (MMA). It is your responsibility to ensure that your SMS messaging program is compliant, and you should make yourself familiar with the relevant industry codes, guidelines and all applicable laws.
Privacy and Data Protection
Consumers have the right not to receive unsolicited marketing communications via SMS.
Opt-in: Consent to Marketing
A consumer has to provide consent before they receive marketing communications via SMS. This consent needs to be in writing (for example, in an email or other formal method). This means that you need to ensure that consumers are informed about what they are to receive before sending them marketing messages. Records of consumer approvals to receive marketing communications must be kept. These records are to include the method, time, date, and location by which a consumer provided their agreement as well as the terms for the receipt of marketing communications to which a consumer agreed to. ( NO third party lists! )
Opt-out: Removal of Consent to Marketing
The universally recognised method of opting out from receiving marketing communications via SMS is for a consumer to send STOP to a message they received. You also need to honour an opt-out request via other channels you can be contacted on, for example, via email or telephonically. A STOP confirmation message must be sent to the consumer to confirm the opt-out. This message should include the name of your company and the following words: “You have opted out. You will not receive additional messages”. Records of opt-out communications need to be kept.
The content of marketing messages must be appropriate to the intended audience and will not be likely to offend, upset or harm, etc, any recipient of the message, whether deliberately or otherwise. In this regard, you must comply with all applicable laws and industry standards that apply to the marketing to children.
The TCPA stipulates that text messages may only be sent between 8 a.m. and 9 p.m. in the time zone your recipient is in. If your service sends messages to contacts in different timezones, contact us about the various options we provide.
To protect your organization from future disputes, it’s advisable to maintain each contact’s consent for at least four years from that date in which it was given, which is the federal statute of limitations for bringing an action under the TCPA.
Disclaimer: The information contained in this note is for general guidance on compliance matters only. While we have made every attempt to ensure that the information contained here has been obtained from reliable sources, Hwy 18, LLC is not responsible for any errors or omissions, or for the results obtained from the use of this information. It shall be the sole responsibility of Users of Chiirp services to familiarise themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.