The Information WhizXpress Collects
WhizXpress may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to WhizXpress when choosing to participate in various uses of the WhizXpress Service, such as registering as a user, updating your status or requesting status for your contacts. In order to provide the WhizXpress Service, WhizXpress will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other WhizXpress users (“in-network” numbers), or otherwise categorize other mobile phone numbers as “out-network” numbers, which are stored as one-way irreversibly hashed values.
Cookies Information: When you visit the WhizXpress Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. WhizXpress uses 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 site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the WhizXpress Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the WhizXpress Site, our servers automatically record certain information that your web browser 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, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the WhizXpress Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
The Information WhizXpress Does Not Collect
WhizXpress does not collect names, emails, addresses or other contact information from its users’ mobile address book or contact lists other than mobile phone numbers—the WhizXpress mobile application will associate whatever name the WhizXpress user has assigned to the mobile telephone number in his/her mobile address book or contact list — and this occurs dynamically on the mobile device itself and not on WhizXpress’s servers and is not transmitted to WhizXpress. This means that if you have your friend’s mobile phone number associated with the name “Shakespeare” in your mobile address book, that’s the name that will appear for that mobile phone number in your WhizXpress contact list. We do not collect location data, but users may voluntarily share their location with other users via the WhizXpress Service.
The contents of messages that have been delivered by the WhizXpress Service are not copied, kept or archived by WhizXpress in the normal course of business. The WhizXpress Service is meant to be a SMS replacement, using data service through a user’s phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a WhizXpress user), if that recipient is online. If the recipient is not online, the undelivered message is held in WhizXpress’s server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from our servers. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by WhizXpress — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option). Notwithstanding the above, WhizXpress may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which WhizXpress is legally compelled to collect. Files that are sent through the WhizXpress Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.
The Way WhizXpress Uses Information
When WhizXpress Discloses Information
Other users of the WhizXpress Service may see your Status Submissions in a way that is consistent with the use of the WhizXpress Service. For example, a status of "Can't talk, please SMS instead" set by phone number +1 (xxx) xxx-xxxx will be available to every user of the WhizXpress Service who has that mobile phone number in their mobile phone’s address book or contact list. In other words: If another user has your mobile phone number stored in their mobile phone address book or contact list, they will be able see your status information unless you have chosen to block such user. “Last Seen” information is available and displayed to each user who has your mobile phone number in their mobile phone address book or contact book (and which you have not blocked), and reflects the last approximate time the WhizXpress mobile application has been used or brought to the foreground on your mobile phone. “Last Seen” information is reported to WhizXpress when a user brings the mobile application to the foreground.
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the WhizXpress Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the WhizXpress Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. WhizXpress also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that WhizXpress believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the WhizXpress Site or our servers, and to protect the rights, property, or personal safety of WhizXpress, our users or others.
Third-party Advertisers, Links to Other Sites
We are not fans of advertising. WhizXpress is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section.
Our Commitment to Data Security
WhizXpress uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to WhizXpress and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the WhizXpress Service is never recommended. Once we receive your transmission of information, WhizXpress makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If WhizXpress learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. WhizXpress may post a notice on the WhizXpress Site or through the WhizXpress Service if a security breach occurs.
Our Commitment To Childrens' Privacy
Protecting the privacy of young children is especially important. For that reason, WhizXpress does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the WhizXpress Site or WhizXpress Service from persons under 16 years of age, and no part of the WhizXpress Service is directed to or intended to be used by persons under 16. If you are under 16 years of age, then please do not use the WhizXpress Service or access the WhizXpress Site at any time or in any manner. If WhizXpress learns that Personally Identifiable Information of persons under 16 years of age has been collected on the WhizXpress Site or WhizXpress Service, then WhizXpress may deactivate the account and/or make the status submissions inaccessible. And always, think of the children!
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that WhizXpress is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice