Acceptance of Terms and Conditions (“Terms of Use”)
1.1. Beyond Remodeling is the owner and operator of the Site (as defined below). The Beyond Remodeling “Services” consist of services and software that offers our clients the ability to improve their home and landscape, and website is used to measure marketing campaigns, improving customer service, and improving sales performance. For purposes of these Terms of Use, the term “Service” also includes the Site, except where the context specifically indicates otherwise. These Terms of Use apply to your use of the Service. This Service is intended for use only by users that are at least 18 years of age.
1.2. We collect various information on the individuals that interact with your business through various methods facilitated through the Service (collectively, “Service Data”). You agree that we and the service providers that we utilize to assist in providing the Service to you shall have the right to access your account and to use, modify, reproduce, distribute, display and disclose Service Data to the extent necessary to develop, enhance, and provide the Service, including, without limitation, in response to your support requests.
1.3. “Site” means https://www.beyondremodelingsd.com/. The Site contains text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, and other content, as well as available features or services discussed, referenced, provided or offered through or on the Site. For purposes of these Terms of Use, the term “Site” also includes the Content, except where the context specifically indicates otherwise.
1.4. PLEASE NOTE: Your access to and use of the Service are subject to these Terms of Use, as well as all applicable laws and regulations. Only entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law are permitted to use the Service and/or establish a Service account where applicable. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Service. Your access to and use of the Service constitutes your acceptance of and agreement to abide by these Terms of Use. These Terms of Use may be changed, modified, supplemented or updated by us from time to time by providing you advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use the Service after such changes are posted. Unless otherwise indicated, any new Content added to the Service will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Site and these Terms of Use periodically for updates and changes.
2. Description of Services: Beyond Remodeling will provide the Services pertaining to the plan you select when you purchase the Service. You can select a plan that offers one or many Services. The terms associated with these plans can be found at https://www.beyondremodelingsd.com/terms/.
3. Limited License; All Rights Reserved; Copyright; Marks; Ownership
4.1. License. We hereby grant you a limited, non-exclusive and revocable license to access and use the Service, subject to the terms set forth in these Terms of Use. We (or the third respective third party owners) retain all right, title, and interest in the Service, all features and services offered through the Service, including but not limited to any and all copyrights, trademark and service mark right and all other intellectual property rights in the Service. We (or the respective third party owners) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Beyond Remodeling.
4.2. Copyright. Except as otherwise expressly stated, the Service (including but not limited to all Content appearing on the Site) is the copyrighted work of Beyond Remodeling or its third party content suppliers and are protected by U.S. and international copyright laws. You may download information from the Service and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Service, in whole or in part, including any text, images, audio, video and software in any manner, without the prior written authorization of Beyond Remodeling or any applicable third party suppliers. Any unauthorized use of the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. Beyond Remodeling does not warrant or represent that your use of the Service will not infringe rights of third parties.
5. Ownership of Information Submitted via the Service You shall own your Service Data (which shall be maintained in accordance with our Privacy Notice https://www.beyondremodelingsd.com/privacy/. Beyond Remodeling shall be free to use any ideas, concepts, know-how, feedback, suggestions or techniques contained in any communication you send to us via the Service or by any other means for any purpose whatsoever. When you submit any material or information protected by intellectual property or other rights (e.g., Service Data, photos, videos, articles, etc.) to the Service, you represent, warrant and covenant to Beyond Remodeling that you have the necessary rights to disclose, copy and display such information. Furthermore, you covenant and specifically grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such content that you post on or in connection with the Service. This license ends when you delete such content or your account unless your content has been shared with others and they have not deleted it. Notwithstanding anything set forth herein to the contrary, you hereby grant to Beyond Remodeling a non-exclusive, perpetual, irrevocable right and license to use, copy, transmit, modify and display Service Data provided such data is (a) collected, used and disseminated in aggregated and anonymized form; and (b) only used for internal business services and for improving the Services.
6. Restrictions and Requirements
6.1. In connection with your use of the Service, you agree you will not: Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Beyond Remodeling representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of Beyond Remodeling’s or another’s computer or property of another; Delete any author attributions, legal notices, copyright or proprietary designations or labels that you upload to any communication feature; Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; Violate any applicable local, state, national or international law; Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary or privacy rights of any party; Delete or revise any material posted by any other person or entity unless such material is incorrect and you are permitted to delete or revise it; Manipulate or otherwise display the Service by using framing, creating deep-links to the Service by by-passing the Service’s home page, mirroring or similar navigational technology or directly link to any portion of the Service other than the main homepage, beyond.instawp.site/, in accordance with the Limited License outlined above; Probe, scan, test the vulnerability of or breach the authentication measures of, this Service or any related networks or systems; Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so; Use any robot, spider, scraper, or other automated or manual means to access this Service, or copy any content or information on this Service (excluding the acceptable use of the Service through the API); or Modify, adapt, sublicense, translate, sell, create derivative works, download, reverse engineer, decompile or disassemble any portion of the Service; Use the Service’s communication features for multiple people to conduct group discussions (e.g., chatlines or chat rooms); or use the Service other than the business purpose for which it was intended or in violation of these Terms of Use.
6.2. Acceptable Use Policy By using the Service, you agree to this Acceptable Use Policy. You accept that the Services are provided for professional use only, and you agree that your use of the Services shall not include any of the following. This is not an exhaustive list: Launching (or facilitating) a denial of service attack on our services or any third parties; Attempting to break or bypass any security mechanism in our Services; Testing or reverse-engineering our services in order to find limitations, vulnerabilities or evade filtering capabilities; Using our Services to bypass phone-based verification systems (e.g. Craigslist, Facebook); Using our Services to facilitate remote computer repair or “virus removal” services; Using our Services in any manner that may subject Beyond Remodeling or any third party to liability, damages, and violations of law or danger; Engaging in fraud, either with Beyond Remodeling or with any third party; Promoting or engaging in or using the Service for illegal activities or for any malicious purpose; Using our Services in connection with unsolicited marketing messages or broadcasts (i.e. spam, sending text messages in bulk, in a pattern that suggests cold outreach rather than one-to-one communication); facilitating unsolicited ringless voicemail or using bandit signs in violation of applicable law. Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers; Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business; Harvesting, or otherwise collecting information about others, without their consent or other lawful basis for collecting such information; Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks; Attempting to gain unauthorized access to the Services, data, information, other accounts, computer systems or networks connected to the Services, through password mining or any other means; Interfering with another’s use and enjoyment of the Services or Beyond Remodeling’s Services (including but not limited to using the Service to adversely affect the availability of its resources to other users – e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); or Engaging in any other activity that Beyond Remodeling believes could subject it to criminal liability or civil penalty/judgment. Accessing Beyond Remodeling’s service or content in order to build a competitive product or service or to benchmark with a non-Beyond Remodeling product or service, or to reverse engineer Beyond Remodeling’s product or service (to the extent such restriction is permitted by law). Collection, use or disclosure of personal information of individual persons (sometimes referred to as “personally identifiable information,” “PII,” or “personal data”) without obtaining the person’s legally-valid consent or otherwise establishing a lawful basis for such personal information processing activities.
6.3. All of the items in Section 6.1 and 6.2 are collectively referred to as “Misuse”. Beyond Remodeling expressly disclaims any liability for your Misuse of the Services. We may in our sole discretion determine whether you have Misused the Service or are otherwise in violation of the Terms of Use. Beyond Remodeling reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Use, including, without limitation, the immediate suspension or termination of the your use of the Service or any user’s access and/or account as well as civil and/or criminal liability. Beyond Remodeling may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Notice, Beyond Remodeling reserves the right at all times to disclose any information as Beyond Remodeling deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
7. Right to Monitor
Beyond Remodeling does not actively monitor general use of this Service under normal circumstances. However, Beyond Remodeling does reserve the right to monitor such use at any time as it deems appropriate for use that, in our sole discretion, may be illegal, may subject Beyond Remodeling to liability, may violate these Terms of Use, or are, in the sole discretion of Beyond Remodeling, inconsistent with Beyond Remodeling’s purpose for the Service.
8. Privacy Statement and Notice of Privacy Practices
9.1. Our Privacy Notice describes Beyond Remodeling’s information practices and procedures for personal information we collect at this Service. We strongly urge you to read our Privacy Statement and Notice of Privacy Practices, which is accessible through the home page of the Service. You agree to our uses of personal information as described in our Privacy Statement and Notice of Privacy Practices.
9.2. With respect to any personal information you upload to the Service or otherwise provide to Beyond Remodeling in connection with the Service, you represent and warrant that you have complied and will comply with all applicable laws and have established in advance and will maintain during your use of the Service all necessary rights, permissions, licenses and consents required by applicable laws to provide such personal information for the purposes of these Terms of Use and to authorize and enable Beyond Remodeling to perform its obligations and exercise its rights as set forth in these Terms of Use, including providing the Services, and processing such personal information in connection with these activities. You agree to promptly notify Beyond Remodeling if any use of personal information related to the Service may violate these representations and warranties.
10. Limited Warranty and Warranty Disclaimer
10.1. Content and other information contained on this Service has been prepared by Beyond Remodeling as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Beyond Remodeling has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Service including but not limited to the Content or other information contained in or linked to the Site or any other service or site maintained or provided by Beyond Remodeling. Users relying on Content or other information from this Service do so at their own risk. Should you purchase any product or service from Beyond Remodeling or purchase products or services from a third party, the terms and conditions applicable to that transaction, if different from these Terms of Use, will govern such purchase, as applicable, and your use of this Service does not affect that purchase in any manner.
10.2. YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND BEYOND REMODELING EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT AND ACCURACY. BEYOND REMODELING MAKES NO WARRANTY THAT THE SERVICE IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR APPLYING THE LOCAL LAWS IN THE RELEVANT JURISDICTION WHEN USING THE SERVICE.
11. Compliance with All Laws
You represent and warrant that your use of the Services will be in accordance with the Beyond Remodeling Privacy Notice, with these Terms of Use, with any other applicable laws and regulations, including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding the Services, online conduct and acceptable content, and including all applicable laws regarding the transmission of data, software, technology, or (including technical data) exported from the United States, Canada or the country in which you reside, and with any other applicable policy or terms and conditions. You further represent and warrant that your collection and use of personally identifiable information or technical data shall be in compliance with all applicable federal, provincial, state, and local laws, rules, and regulations as the same may be amended or supplemented from time to time, pertaining in any way to the privacy, confidentiality, security, management, disclosure, reporting, and any other obligations related to the possession or use of any of personal information or technical data; including but not limited to Data Protection Law (as defined in the DPA), the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”); and the Telephone Consumer Protection Act (“TCPA”) Personal Information Protection and Electronic Documents Act (“PIPEDA”), the Canadian Anti-Spam Law commonly referred to as (“CASL”)(collectively “Privacy Laws and Regulations”). Failure to comply with Privacy Laws and Regulations will be a material breach of these Terms of Use and may result in the immediate suspension and/or termination of your account, as well as civil and/or criminal liability. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like the Health Insurance Portability and Accountability Act (“HIPAA”), the Gramm-Leach-Bliley Act (“GLB”), each Data Protection Law (as defined in the DPA), US export control laws and regulations and economic sanctions laws and regulations, or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we will not be liable if the Service doesn’t meet those requirements. You acknowledge that certain Services are not suitable for the provision, transmission, receipt, or other processing of protected health information (as that term is defined by HIPAA) or special categories of personal data under EU Data Protection Law (as that term is defined in the DPA) . Unless you have a subscription for a HIPAA account AND you have executed a business associate agreement (“BAA”) directly with us, you acknowledge that we are not acting as “business associate”, and you shall not provide us, or use the Services to process or interact with, any protected health information in any form or in any way. 17. Indemnification You agree to defend, indemnify and hold harmless Beyond Remodeling, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders, agents, licensees and employees (cumulatively “Beyond Remodeling Indemnitees”) from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the Services, your breach of the Terms of Use, your inability to access the Service, the use of any linked sites, your reliance on any errors or omissions on the Service, the propagation and/or contraction of any computer virus in connection with your use of the Service or your violation of any laws or regulations.
12. Term and Termination
12.1. These Terms of Use, as may be updated from time to time, will commence on the date they are accepted by you and continue until terminated in accordance with Section 12.2 or 12.3 below.
12.2. Term.
If you elect a month to month term, either party may terminate these Terms of Use by providing thirty (30) days notice to the other party. If you elect an annual term, these Terms of Use shall continue for a period of twelve months and shall automatically renew for successive one (1) year renewal terms, unless a party gives the other party a notice of its election not to renew at least thirty (30) days prior to the end of the then current term.
12.3. Termination for Breach.
Either party may terminate these Terms of Use for cause if the other party fails to cure any material breach of these Terms of Use within thirty (30) days after receipt of written notice of such breach.
13. Force Majeure
Neither party shall be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
14. Notices
Any notices to you from Beyond Remodeling regarding the Service or these Terms of Use will be posted on this Site or made by e-mail or regular mail. Notices from you to Beyond Remodeling shall be sent to the contact information in the “How to Contact Us” section below.
15. Electronic Communications
When you visit this Site, use the Service or otherwise send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.
16. Entire Agreement
These Terms of Use, the Privacy Notice Practices, and Other Terms or policies we may post on this Site constitute the entire agreement between us and you in connection with your use of the Service and supersedes any prior agreements between us and you regarding use of this Service.
17. Governing Law; Jurisdiction; Venue; Severability of Provisions The Terms of Use are governed by the laws of the State of Georgia, USA and controlling United States Federal law without regard to any conflicts of law provisions. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a portion of these Terms of Use as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of state or federal courts located in the State of Georgia, and you hereby consent and submit to the personal jurisdiction of such courts. 24. Password Accounts, Passwords, and Security If you have been given the option to open an account through the Service that will provide you with access to password protected portions of the Service and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, which includes: (i) your name, (ii) your business name and mailing address (iii) primary administrator information for the account, and (v) billing and related information, and choose a password and username. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Beyond Remodeling of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Beyond Remodeling will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Beyond Remodeling or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
18. No Agency Relationship
Nothing in these Terms of Use is intended to create or shall be construed as creating any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
19. Publicity You agree that Beyond Remodeling may reference you and your company as a client of Beyond Remodeling’s products and services in Beyond Remodeling’s advertising and marketing.
20. Confidentiality
20.1. “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Confidential Information does not include any information which: (a) is publicly available through no fault of the receiving party; (b) was properly known to the receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to the receiving party, without restriction, by another person without violation of the disclosing party’s rights; or (d) is independently developed by the receiving party without use of or reference to the Confidential Information of the disclosing party.
20.2. The receiving party agrees that it will use the Confidential Information of the disclosing party solely in accordance with these Terms of Use and it will not disclose such Confidential Information to any third party without the disclosing party’s prior written consent, except as otherwise permitted hereunder; provided, however, Beyond Remodeling may use and disclose your Confidential Information as necessary to provide the Services. The receiving party agrees to exercise due care in protecting Confidential Information of the disclosing party from unauthorized use and disclosure. The receiving party may disclose the Confidential Information of the disclosing party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors, who have a need to know and are legally bound to keep such information confidential consistent with the terms of these Terms of Use.
20.3 The receiving party may disclose the Confidential Information of the disclosing party as required by applicable law provided that, prior to any such compelled disclosure, the receiving party will, if permissible: (a) promptly notify the disclosing party in writing to allow the disclosing party a reasonable opportunity to resist such disclosure and/or seek a protective order, and (b) reasonably cooperate with the disclosing party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure. In the event that such protection against disclosure is not obtained, the receiving party will be entitled to disclose the Confidential Information of the disclosing party, but only as and to the extent necessary to legally comply with such compelled disclosure.
20.4. The parties expressly acknowledge and agree that no adequate remedy may exist at law for an actual or threatened breach of this Section 27 and that, in the event of an actual or threatened breach of the provisions of this section, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this section.
21. How to Contact Us For notices required pursuant to these Terms of Use, please contact us at: [email protected] or write to us at Beyond Remodeling Inc., Attn: Legal, 9672 Via Excelencia #204, San Diego, CA 92126 or contact us by phone at 619-983-0641. If you would like to learn more about us, please email us at [email protected].
Our website address is: https://www.beyondremodelingsd.com/
By providing your information or contacting us, you are agreeing to receive text messages from our business.
Privacy Policy
WE DO NOT SELL YOUR INFORMATION TO ANY THIRD PARTIES.
Mobile Terms of Service
Beyond Remodeling
Last updated: Sept. 25, 2023
The wireless carriers supported by the Service are not liable for delayed or undelivered messages provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice. You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Beyond Remodeling. Your participation in this program is completely voluntary.
The wireless carriers supported by the Service are this Privacy Policy explains how Beyond Remodeling collects and uses information about you in relation to its text message marketing program (the “Messaging Service”). We use Klaviyo to provide the Messaging Service to you. For the purposes of the Messaging Service, Klaviyo acts as our service provider and data processor of your information.
Collection action
For Service support or assistance, text HELP to +18443301935 or email [email protected].
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
This Privacy Policy explains how Beyond Remodeling collects and uses information about you in relation to its text message marketing program (the “Messaging Service”). We use Klaviyo to provide the Messaging Service to you. For the purposes of the Messaging Service, Klaviyo acts as our service provider and data processor of your information.
Collection of Information
We collect various information on our behalf from and about you, including information you directly provide when you use the Messaging Service. For example, we collect the phone number and email address you provided when signing up for the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages. We may also collect information about you using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable personalization of your experience on the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders). If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Messaging Service or customer service.
Use of Information
We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service. Sharing of Information We may share, transfer, or disclose your information, if you consent to us doing so, as well as in the following circumstances: Service Providers. We may share your information with third parties to help us provide the Messaging Service to you. Legal Requirement and Protection of Klaviyo and Others. We may disclose your information as we believe such disclosure is necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) enforce a contract with us; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain. From time to time, we may share aggregate or de-identified information about the use of the Messaging Service and such aggregated or de-identified information may be shared with any third party, including advertisers, promotional partners, and sponsors.
Protection of Information
We take a variety of physical, technical, administrative, and organizational security measures based on the sensitivity of the information we collect to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Unfortunately, no online activity can be guaranteed to be 100% secure. While we strive to protect your information against unauthorized use or disclosure, we cannot ensure or warrant the security of any information you provide. We do not accept liability for unintentional disclosure.
Retention of Information
We retain your information for as long as you participate in the Messaging Service or as needed to comply with applicable legal obligations. We will also retain and use your information as necessary to resolve disputes, protect us and our customers, and enforce our agreements. Choices and Controls Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of our text messages with any of the following replies: STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, or QUIT. For additional opt-out information, please review terms below.