Spam Policy

Happy Grasshopper provides this Notice at Collection to inform you of what personal information we collect, why we collect it, and your rights regarding that information. This notice is provided at or before the point of collection, as required under the California Consumer Privacy Act as amended by the California Privacy Rights Act, and similar privacy laws in Virginia, Colorado, Connecticut, Texas, and other applicable US states.

CATEGORIES OF PERSONAL INFORMATION WE COLLECT

We collect the following categories of personal information when you visit our website or use our services:

• Identifiers, including your name, email address, and IP address
• Commercial information, including records of services purchased, subscription history, and billing data
• Internet or other electronic network activity information, including pages visited, browser type, operating system, and the referring website you used to reach our site
• Geolocation data derived from your IP address
• Inferences drawn from your activity on our site, such as user preferences established through cookies
• Sensitive personal information, including payment card data and personal contact database information you provide when using our services

PURPOSES FOR COLLECTION

We collect the categories of personal information listed above for the following business and commercial purposes:

• Providing, operating, and improving our email marketing services and related products
• Processing transactions and managing your account
• Delivering customer support and responding to inquiries
• Personalizing your experience on our website
• Maintaining the security and integrity of our systems and detecting fraudulent or illegal activity
• Complying with applicable legal obligations, including the CAN-SPAM Act
• Facilitating business transactions such as a merger, acquisition, or sale of assets, in which your information may be transferred

RETENTION OF PERSONAL INFORMATION

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, to provide our services, to comply with legal obligations, to resolve disputes, and to enforce our agreements. The specific retention period varies depending on the type of information and the purpose for which it was collected. When personal information is no longer needed, we take reasonable steps to delete or de-identify it.

SALE OR SHARING OF PERSONAL INFORMATION

Happy Grasshopper does not sell your personal information to third parties for monetary compensation. We may share certain information with service providers and technical partners who assist us in operating our platform and delivering our services. These parties are contractually obligated to use your information only as directed by us and in accordance with applicable law.

If this practice changes, we will update this notice and provide you with a means to opt out prior to any such sale or sharing.

USE OF SENSITIVE PERSONAL INFORMATION

We collect sensitive personal information, including payment card data and personal contact information you store within our platform, solely for the purpose of providing our services to you. We do not use sensitive personal information for purposes beyond those reasonably necessary to perform our services or as otherwise permitted by applicable law.

YOUR PRIVACY RIGHTS

Depending on the state in which you reside, you may have some or all of the following rights with respect to your personal information:

• The right to know what personal information we have collected about you, including the categories and specific pieces of information
• The right to access a copy of the personal information we hold about you
• The right to correct inaccurate personal information
• The right to request deletion of your personal information, subject to certain exceptions
• The right to opt out of the sale or sharing of your personal information
• The right to limit the use and disclosure of sensitive personal information
• The right to non-discrimination for exercising any of your privacy rights
• The right to appeal a denial of any privacy rights request

To submit a privacy rights request, please contact us using the information below. We will respond within the timeframe required by applicable law, generally 45 days from receipt of a verifiable request.

HOW TO SUBMIT A PRIVACY REQUEST

You may submit a privacy rights request or direct any questions about this notice by contacting us through the following:

• By phone at +1 727-232-9117
• By mail at Happy Grasshopper, 7853 Gunn Hwy #256, Tampa, FL 33626 USA
• By visiting our Support page at HappyGrasshopper.com/support

We may need to verify your identity before processing your request. We will not discriminate against you for exercising any of the rights described in this notice.

CHANGES TO THIS NOTICE

We may update this Notice at Collection from time to time to reflect changes in our practices or applicable law. When we do, we will revise the effective date at the top of this page and post the updated notice on our website. We encourage you to review this notice periodically.

ADDITIONAL INFORMATION

This notice should be read in conjunction with our full Privacy Policy, available at HappyGrasshopper.com/privacy-policy. For additional details about how we handle your personal information, please refer to that document.

Acceptable Use Policy

Happy Grasshopper LLC (“Happy Grasshopper,” “we,” “us,” or “our”) provides a platform and tools to enable clients (“Customers,” “Users,” or “You”) to organize, manage, and interact with their contacts via our Services.

‍This Acceptable Use Policy (this “AUP”) governs your access to and use of the Services, which includes without limitation any messaging or communications made through the Services. We reserve the right to amend, alter, or modify your conduct requirements as set forth in this AUP at any time. You must review and comply with this with AUP. This AUP may be updated from time to time, effective upon posting a revised copy to the Happy Grasshopper website at happygrasshopper.com. Customer’s use of the Services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

Capitalized terms used in this AUP but not defined in this AUP have the meanings set forth in our Terms of Service available at Terms. Users are ultimately responsible for using the Services and You, Your Company, and Your Authorized Users are fully liable for any use of our Services in violation of all federal and state laws, provincial and territorial laws, regulations, governmental orders, industry standards or guidance (collectively, “Applicable Laws”)  (including without limitation CTIA Policies and any fees, fines or penalties imposed by Carriers), as well as this Acceptable Use Policy.

Currently, our platform utilizes Twilio for calling and text messaging and Happy Grasshopper numbers are provided by Twilio and subject to Twilio’s policies. By using our Services, you agree to Twilio’s Messaging Policy and Twilio’s Acceptable Use Policy. Please refer to Twilio’s policies, guidelines, and articles which outline acceptable use of Twilio’s service which can be found here: Twilio’s US SMS Guidelines, Twilio’s Privacy Notice and help articles: U.S. Carrier Penalties for Non-Compliant Messaging, Forbidden message categories for SMS and MMS in the US and Canada. Additional requirements for specific Services, including any country specific requirements, are set forth at Twilio’s Service and Country Specific Requirements.‍‍

Prohibited Content‍

You agree that you will not use the Services to transmit or store any content or communications that contain prohibited content, including, but not limited to:

• Inappropriate content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public
• SPAM (i.e., unwanted messages such as but not limited to unsolicited bulk commercial messages)
• Fraudulent or misleading messages
• Depictions or endorsements of violence
• Profanity or hate speech
• Messages related to cannabis or CBD (content must be legal across all 50 U.S. states and the District of Columbia)
• Other content not allowed by U.S. Carriers (e.g. T-Mobile, Verizon, and AT&T) and Canadian Carriers, such as: high-risk financial services (payday loans, short term-high interest loans, third party mortgage loan, student loans, third party auto loans, cryptocurrency), third-party lead generation services, debt collection or forgiveness, “get rich quick” schemes, illegal substances, prescription medications, gambling, and certain categories without proper age gating procedures (i.e. firearms, alcohol, tobacco (vaping is prohibited))‍‍

Telephone Communication Activities (United States)‍

Users must comply with all Applicable Laws including, but not limited to:

• The FTC Act’s “Truth in Advertising” Rules and Section 5 of the FTC Act 15 U.S.C. § 45
• The Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227
• The FCC Telemarketing Regulations implementing the TCPA, 47 C.F.R. § 64.1200, and FCC declaratory rulings and orders
• Telemarketing Consumer Fraud and Abuse Prevention Act (the Telemarketing Act), 15 U.S.C. §§ 6101 et seq.
• The FTC’s Telemarketing Sales Rule (TSR) implementing the Telemarketing Act, 16 C.F.R. §§ 310.1 et seq.
• The National Do-Not-Call Registry established by the Federal Communications Commission, 47 C.F.R. § 64.1200, and the Federal Trade Commission, 16 C.F.R. § 310.4, which can be accessed at https://www.donotcall.gov
• State Do-Not-Call Registries
• State telemarketing  and do-not-call laws and regulations that impose additional requirements as well as more restrictive requirements than the federal laws and regulations referenced above
• State laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording
• Applicable carrier guidelines (e.g. T-Mobile Code of Conduct) or wireless industry guidelines and standards including, without limitation, the CTIA’s Messaging Principles and Best Practices, the CTIA’s Short Code Monitoring Handbook, and the Mobile Marketing Association’s Consumer Best Practices (collectively, CTIA Policies)
• Key Provisions:
• Content Violation: After prior warning, $10,000 fee per violation for content violating carrier policies including spam, phishing, SHAFT violations (Sex, Hate, Alcohol, Firearms, Tobacco), and messaging that meets the Severity 0 violation as defined in the CTIA Short Code Monitoring Handbook.
• Messaging Program Evasion: $1,000 fee for programs using filter evasion techniques, such as snowshoeing (spreading similar or identical messages across many phone numbers with the intent or effect of evading unwanted messaging detection and prevention mechanisms) and recycling numbers (releasing/purchasing new numbers), to dilute number reputation.

U.S. Carriers have more stringent policies for sending communications through their networks and services. Note that the consent requirements defined by the CTIA and Twilio’s Messaging Policy are in addition to the minimum requirements defined by the TCPA. In other words, consent requirements for sending SMS messages through U.S. Carrier networks exceed what may be legally required under TCPA. For more information on consent requirements, see Twilio’s Messaging Policy and Twilio’s Article on SMS Compliance and A2P 10DLC in the US.

Email Communication Activities (United States)

Users of the Services must comply with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM), which means that each commercial e-mail sent using the Services must contain:

• header information that is not false or misleading;
• a valid physical postal address of the sender;
• a clear and conspicuous identification that the message is an advertisement or solicitation;
• a clear and conspicuous explanation of how the recipient can opt-out of future communications from the sender;
• an opt-out mechanism that complies with applicable law, which must be honored within ten business days of receipt.

Users are responsible for complying with the content prohibitions as set forth in CAN-SPAM.  

Commercial Electronic Messages (Canada)

‍Users of the Services that send from or to Canadian computers and devices in Canada must comply with the Canadian Anti-Spam Law (“CASL”), and related regulations applicable to commercial electronic messages. A commercial email message (“CEM”) includes any email message, text/SMS message, or other electronic message that is sent to an electronic address and that has as even one of its purposes to encourage participation in a commercial activity. CASL requires consent to send a CEM and requires that all CEMs meet prescribed form, content, and disclosure requirements.

‍For detailed explanations, see Canada’s Anti-Spam Legislation on the Canadian Radio-television and Telecommunications Commission’s (CRTC) website. Guidance from the CTRC regarding consent can be found at: Interpreting the Electronic Commerce Protection Regulations; Canada’s Anti-Spam Legislation (CASL) Guidance on Implied Consent.

‍Users of the Services sending texts/SMS messages in Canada must comply with certain industry guidelines and mobile operator policies, such as the Canadian Wireless Telecommunications Association’s Canadian Common Short Code Application Guidelines (“CWTA Guidelines”).

Telecommunications (Canada)

‍Users of the Services must comply with all Applicable Laws including, but not limited to:

• The Canadian Radio-television and Telecommunications Commission’s (CRTC) Unsolicited Telecommunications Rules;
• The Unsolicited Telecommunications Rules (the Rules) in Telecom Decision 2007-48 and additions and modifications to the Rules in subsequent decisions;
• The National Do Not Call List Rules;
• The Personal Information Protection and Electronic Documents Act (PIPEDA) rules related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording; and
• Provincial or territorial laws that impose more restrictive requirements than the federal laws and regulations referenced above.

Unsolicited Communications

‍Users are solely responsible for obtaining all necessary and appropriate rights, licenses and consents from those persons and entities with whom you message or otherwise communicate with via the Services, prior to commencing any such messaging or communication.

Users are prohibited from:

• engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam”;
• sending unwanted messages to individuals who have asked to stop receiving messages through any medium;
• sending unsolicited email or text messages to email addresses or phone numbers that you do not know;
• using the Services to send emails or text messages to contacts from purchased, rented, or borrowed lists;
• using the Services to make telephone calls to phone numbers you do not know or contacts from purchased, rented, or borrowed lists;
• sending email to lists that are likely to result in an excessive number of unsubscribe requests or SPAM complaints or notices, as determined by acceptable industry practices; or
• sending text messages to phone numbers that are likely to result in an excessive number of opt-out requests that exceeds the permissible opt-out rate per messaging campaign, as determined by acceptable industry practices or carrier guidelines.

‍Additional General Prohibitions

‍Users are strictly prohibited from transmitting or storing content or communications that:

• are patently offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• could be harmful to minors;
• harasses or advocates harassment of another person;
• promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity;
• contains restricted or password only access pages, or hidden pages or images;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personally identifiable information for unlawful purposes;
• contains unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; and
• violates any applicable law, regulation, guideline or policy, including without limitation those relating to privacy or data security.

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Network Security

‍The following are strictly prohibited:

• submitting content that contains viruses, Trojan horses, worms, or any other similar forms of malware;  
• using unauthorized scripting or automation tools;
• using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Services or for any other unauthorized purpose without our prior written consent;
• using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service;
• decompiling, reverse engineering, or disassembling the software or attempting to do so; or
• taking any action that imposes an unreasonable or disproportionately large load on the Services or our hardware and software infrastructure or that of any of our Licensors or Suppliers.

In addition, you covenant and represent that you will not use the Services for any purpose in violation of the law or this Acceptable Use Policy.

Suspension; Fines and Penalties

‍We may suspend or terminate Users access to the Services for violations of this AUP in its sole discretion.

Text messaging campaigns that are non-compliant with U.S. Carriers (e.g. T-Mobile, Verizon, and AT&T) requirements may be subject to Carrier penalties for the offending traffic. If these penalties are assessed, they will be passed through by Happy Grasshopper to the User.

User shall be liable to pay any fines or penalties levied by third parties (e.g. Carriers or Communication Providers (such as Twilio, Bandwidth, and others)), and to fulfill any indemnification obligation owed by Happy Grasshopper to such third parties, as a result of User’s noncompliance with the Terms as set forth herein.

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Reporting Abuse

‍Violations of this AUP, including any prohibited content or communications, may be reported to [email protected]. User agrees to immediately report any violation of this AUP to Happy Grasshopper and provide cooperation, as requested by Happy Grasshopper, to investigate and/or remedy that violation.