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<br />Privacy Policy <br />
<br />Overview <br /><br />This Privacy Policy describes how Opal Media, LLC. (“Opal” or “Us” or "We") treats information that it collects and receives related to your use of Opal’s products, services, and website. Our primary goal in collecting information is to provide and improve our products and services. <br />
<br />Information Opal Collects and Uses <br /><br />Opal collects information when you use and access Opal products, services and website. The information collected includes Personal Information, App Data and Share Data (collectively, “Customer Information”). “Personal Information” is information about you that is personally identifiable, like your full name, address, email address, billing information, passwords, home and business addresses, phone numbers, and information that may not be otherwise publicly available. “App Data” is information about the nature of your usage of Opal’s website and products and services and non-personal demographic information. App Data can include: IP addresses, domain servers, referring/exit pages, operating system information, unique device identifier (UDID), date/time stamp, clickstream data, messages sent and received using or through Opal products and services, information about those messages, saved ad information, advertising list update information, type of device, location information, user age and gender demographics, type of web browser, one or more cookies that identify your browser, and telecommunications carrier information. “Share Data” is data you’ve provided for use with Opal’s products or services and which may be made available to third parties by your actions in using Opal products or services which constitute your consent for Opal’s use of Share Data as so directed by you. <br />
<br />Information Sharing and Disclosure <br /><br />Opal uses Customer Information to enhance your use of the Opal services by processing such information for various purposes, including improving and providing Opal’s products and services, product notifications, delivering advertisements and related links, for sending, sharing and storing your Share Data as you direct through use of Opal products and services, and other purposes relating to offering you Opal products and services. <br /><br />Ad Networks. We may work with third-party marketing and advertising companies ("Ad Networks"). These companies may collect and use your non-personal information on Opal’s website and products and services in order to provide advertisements about goods and services that may be of interest to you. Advertisements may be shown via the Opal website, Opal products and services, or third-party websites. These companies may place or recognize a unique cookie on your computer or use other technologies such as Web beacons. Our Privacy Policy does not cover any use of information that an Ad Network may collect from you. It also does not cover any information that you may choose to provide to an Ad Network or to an advertiser whose goods or services are advertised through the Site or the Services. For more information about ad cookies, and to "opt-out" of the collection of information by some companies that allow you to do so, please visit our Contact Us page on our website: www.OpalSentMe.com. <br /><br />Agents and Service Providers: Opal may engage other companies and individuals to perform services on our behalf. Examples of these services include processing credit card payments, submitting newsletters, sending postal mail and e-mail to you, and analyzing data. While these agents and service providers may have access to your customer information in connection with the performance of services for Opal, they may not use such information for any purpose other than providing such services to Opal. <br /><br />Aggregate Information: Opal may share aggregated, non-personal information that does not personally identify you, with advertisers, publishers, business partners, sponsors, and other third parties. <br /><br />Other Transfers. We may share Customer Information with businesses controlling, controlled by, or under common control with Opal. If Opal is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Customer Information in connection with such transaction. You will have the opportunity to opt out of any such transfer if, in our discretion, the new entity plans to handle your information in a way that differs materially from this Privacy Policy. <br /><br />Compliance with Laws and Law Enforcement. Opal cooperates with government and law enforcement officials to enforce and comply with the law. We may therefore disclose Customer Information, and any other information about you, if we have a good faith belief that it is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce our Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) protect against harm to the rights, property or safety of Opal, its users or the public as required or permitted by law, or (e) exchange information with other companies and organizations for fraud protection and credit risk reduction. <br /><br />Security <br /><br />Please be aware that, whenever you share information on a publicly available profile page, community page or any other public forum, this information may be accessed by the public. In addition, when you share information in SMS, WAP, instant message, or any other communications with third parties, that information may be passed along or made public by others. That means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications. <br /><br />Opal is very concerned about safeguarding the confidentiality of Customer Information. We employ measures designed to protect your information from unauthorized access. Customer Information we collect is stored in a secure manner that is accessible only by authorized Opal personnel, contractors, and agents bound by confidentiality obligations and is only disclosed under the provisions of this Privacy Policy. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through our website and products and services, we cannot and do not guarantee the security of any information you transmit on or through the website and products and services, and you do so at your own risk. <br /><br />Periodically, Opal undertakes a review of its privacy practices to ensure that the information we collect is needed to provide or improve the services we provide. <br />
<br />Cookies <br /><br />When you visit Opal’s website, and products and services, we may send cookies to your computer and mobile phone that uniquely identify your browser. We use cookies to improve the quality of our service by storing user preferences and tracking usage information. Most browsers allow you to disable cookies or set your browser to alert you when cookies are being sent to your computer. If you disable cookies, you may not be able to utilize certain Opal products and services. <br />
<br />Children's Personal Information <br /><br />We do not knowingly collect Personal Information from children under the age of 16. By using our website or products or services, you promise that you are at least 16years old. If we become aware that we have inadvertently received Customer Information from a child under the age of 16, we will delete such information from our records. In addition, we recommend that minors 16 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet. <br /><br />Links to Third Party Sites <br /><br />As a convenience to you, we may provide links and/or connections to third-party web sites or services from within our website or our products or services. Opal is not responsible for the privacy practices or content of these third-party sites. You access such third-party websites or content at your own risk. <br />
<br />Access/Removal of Your Personal Information <br /><br />If you want us to remove your Customer Information from our database, or would like to access the Customer Information that was collected from you, you can contact us using the Contact Us page provided on our website. <br /><br />You can always review, correct, update, or change your Customer Information by contacting us through our website. Or, you may opt out of our direct marketing efforts, by uninstalling our products and services from your handset, or by emailing us through our website www.OpalSentMe.com. If you have questions or concerns regarding this Privacy Policy, please e-mail us through our website www.OpalSentMe.com. <br /><br />Modifications of Privacy Policy <br /><br />Opal reserves the right, at our discretion, to change, update or modify this Privacy Policy at any time by posting such change, update or modification on the Opal website (www.OpalSentMe.com). Any such change, update or modification will be effective immediately upon notice, which Opal may provide by any means, including, without limitation, posting on the Opal website, notifications within Opal applications, or electronic mail. Your continued use of the Opal website and/or any Opal products and services following the posting of changes will mean you accept those changes. Use of information that we gather is subject to the Privacy Policy in effect at the time of use. <br /><br />Processing in the United States <br /><br />Please be aware that your Customer Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using our Site or Services, you agree that the collection, use, transfer, and disclosure of your Customer Information and communications will be governed by the applicable laws in the United States. <br /><br />Contact Us <br /><br />If you have any questions or concerns regarding this Privacy Policy, please send us an email through our website www.OpalSentMe.com or write to us at Opal Media, LLC. 137 N. Oak Park Ave. Ste 215 #3380 Oak Park, IL 60301. If we receive formal privacy-related complaints, it is our policy to use reasonable efforts to communicate with the complaining party about its concerns, and we will cooperate with appropriate authorities if we cannot resolve privacy complaints. <br />
<br />Last updated February 7, 2022 <br /> Terms of Use <br /><br />Revised: February 7, 2022 <br /><br />These Terms of Use govern your use of Opal's cell phone applications (Opal), which you must read and agree to before using. By using Opal, you're agreeing to be bound by these Terms of Use. If you do not agree to any of the following Terms of Use, please do not use Opal. <br /><br />Opal Service <br /><br />Opal’s Text Messaging app is a downloadable software application for smartphones that allows its users to send and receive SMS/MMS messages using their carrier’s messaging services.<br /><br />If you are receiving unwanted messages from someone using Opal or otherwise want to opt out of receiving Opal messages, you will need to block messages coming from such Opal user or request that the Opal user no longer transmit such messages to your phone. If you no longer want to use Opal, or view any of its advertisements, you may exercise the filter as described below, or you can easily uninstall the application, and this will prevent Opal messages from being sent, or certain advertisements from being viewed, on and from your mobile device, unless Opal is uninstalled, in which no ads will be viewed. You can always reinstall Opal.<br /><br />If an advertisement from a particular party is being displayed and you would like to block that particular advertisement, you can use the hide in popup toggle button in the settings menu of the app to stop receiving that advertisement. However, the ad revenue amount shared with you may depend on the ads you choose to remain unhidden and/or the amount of times you view, click, or share and ad in the popup window or in the ad library. <br /> <br />By using our apps and receiving shared ad revenue from us you are not obligated to support, endorse, or patron our advertisers and are not perceived to be a supporter of their products, services, or beliefs. Our advertisers are purchasing inventory in our advertising network, which we display in our apps. To show our appreciation for using our apps and being exposed to the ads we display, we may share some of our ad revenue with you.<br /> <br />In order to be fully eligible to receive rewards and benefits of Opal, you must complete your profile information on the app with your phone number, demographic, geographic information, as well as some billing address information listed with your carrier to potentially help integrate rewards being applied directly to your cell phone bill as a credit. Qualification for receiving any shared ad revenue will be dependent on your profile information fitting within an advertiser’s target audience and that the profile registrent is in compliance with this agreement. App users that qualify to receive shared ad revenue may choose to receive their shared ad revenue in the form of a gift card to one of the advertiser’s establishments. Qualified app users may be subject to submitting additional information to Opal Media, LLC for tax purposes. Opal Media, LLC may limit the total amount of shared ad revenue distributed to an app user within a calendar year.<br /><br />Opal Media, LLC is not responsible for users that have not properly completed their profile by filling in every field that appears. Opal Media, LLC is not responsible for correcting improper information, unless informed of the improper information in a timely manner. All pertinent information must be consistent with the records of the app user’s wireless carrier. It is the full responsibility of the app user to keep Opal Media, LLC updated with all current information. <br /><br />By providing your phone number and billing address registered with your wireless carrier, you authorize us to do any of the following at any time: <br /><br />Apply the shared ad revenue with your wireless carrier on your behalf in the form of a credit to your bill. <br />Contact you to provide an alternative shared ad revenue distribution method. <br />Obtain usage information from your wireless carrier <br />Automatically enroll you into our rewards program in order to receive full Opal benefits. <br /><br />Eligibility <br /><br />You must be at least 16 years old to use Opal and qualify to receive any version of shared ad revenue. If you are not at least 16 years old, do not use Opal’s app. If you are under 18 years old, your parent or legal guardian must also read and agree to be bound by these Terms of Use. <br /><br />Other End User License Agreements <br /><br />Certain other end user license agreements and/or terms of use (such as those published by your wireless carrier and/or mobile device manufacturer) may also govern your use of Opal, provided that our Terms of Use will control in the event of a conflict with any such other agreement. <br /><br />Ownership <br /><br />The content of Opal, including all software, text, visual, and audio content ("Content") and trademarks and logos, including Opal ("Marks"), is owned by or licensed to Opal Media, LLC and is protected under U.S. and international laws. <br /><br />Use of Opal <br /><br />You are responsible for your use of Opal, and for any use of Opal made using your device. You agree not to access, copy, or otherwise use Opal, including our Content and Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by Opal Media, LLC If you decide to enter a mobile phone number (or other personal information) in connection with your use of Opal, you agree only to enter the mobile phone number associated with your account (and other accurate personal information about you). You also agree not to use Opal to: <br /><br />- transmit any malicious or unsolicited software; <br /><br />- send unwanted messages or any unauthorized advertising or commercial communications, such as spam; <br /><br />- stalk, harass, or harm another individual; <br /><br />- violate or infringe other people's intellectual property, privacy, or other rights; <br /><br />- violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer; <br /><br />- violate any law or regulation; <br /><br />- impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity; <br /><br />- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion; <br /><br />- violate any requirements, procedures, policies or regulations of networks connected to Opal; <br /> or <br /><br />- interfere with or disrupt Opal. <br /><br />Feedback <br /><br />We always welcome and appreciate your feedback and suggestions about Opal. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand that we may use them without compensation to you. All rights to such feedback or suggestions submitted that are implemented will become the sole property (physical or intellectual) of Opal Media, LLC <br /><br />Support <br /><br />If you have questions or need help using Opal, please feel free to email us with your questions or comments on our website www.OpalSentMe.com. We will try to respond to support questions within 24 hours. <br /><br />Mobile Services <br /><br />Opal features this messaging service on many mobile phones. We don't charge you for these services, but please be aware that your wireless carrier's normal messaging and data rates may apply and are your sole responsibility, as described above under Opal Service. For questions regarding Opal, please see our About Us page on www.OpalSentMe.com. <br /><br />Using certain mobile services may also be prohibited or restricted by your wireless carrier and/or mobile device manufacturer, and Opal may not work with all carriers or mobile devices. <br /><br />By using Opal, you consent to our communicating with you by SMS or other electronic means and that certain demographic and usage information about your usage of Opal may be communicated to us and our sponsors. Personal information will never be disclosed to any third party, unless required by law. <br /><br />Copyright <br /><br />We respect the intellectual property rights of others. Upon proper notice, we will remove any content that violates copyright law. We will also terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, please send Opal Media, LLC’s a notification with all of the following information: <br /><br />- identification of the claimed infringing material and information reasonably sufficient to permit Opal Media, LLC to locate the material on Opal; <br /><br />- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; <br /><br />- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; <br /><br />- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and <br /><br />- information reasonably sufficient to permit Opal Media, LLC to contact you, such as an address, telephone number, and, if available, an e-mail address; <br /><br />- your physical or electronic signature. <br /><br />Please send all of the information described above by mail at Opal Media, LLC Attn: Copyright Claims, 137 N. Oak Park Ave. Ste 215 #3380 Oak Park, IL 60301. Please only send notices or inquiries about alleged copyright infringement to this Attn. <br /><br />Links to Other Websites <br /><br />Opal may contain links to, or directed to, other websites (such as in advertisements), or allows you to send and receive such links. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. You access and distribute such third-party websites or content at your own risk. You should always read the terms of use and privacy policy of a third-party website before using it. Opal Media, LLC will not be responsible for any damage or loss related to the use of any content, goods or services available on or through any third-party website. <br /><br />Privacy <br /><br />Opal Media, LLC respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you and your messages. By using Opal, you also agree to abide by our Privacy Policy. At no time will Opal Media, LLC provide your personal information to any third party, except where required by law. <br /><br />Opal Modifications and Updates <br /><br />Opal Media, LLC enhances and updates Opal often. We may also need to discontinue services we offer from time to time. You understand and agree that we may modify or discontinue Opal, with or without notice to you. Opal Media, LLC will not be liable to you or any third party should it modify or discontinue Opal. You hereby authorize Opal Media, LLC to send messages and/or notifications to your smartphone in order to update advertisement information that is being, or will be, displayed on the smartphone. These messages need no action to be taken by users. If you wish not to receive these messages, or if you receive such messages after you have removed Opal from your handset, you may reply STOP, and you will stop receiving these messages as well as any advertisement updates. Replying STOP will disqualify the app user from receiving any shared ad revenue. Opal is not held accountable for expired promotion codes, advertisements, or other information that may have “expired” due to stopping these updates, or for any other reason. <br /><br />Termination <br /><br />Opal Media, LLC reserves the right not to provide Opal to any user, and also reserves the right to terminate any Opal user at any time, at our discretion. Opal Media, LLC reserves the right not to provide Opal benefits and shared ad revenue to any user, and also reserves the right to terminate any Opal benefits and shared ad revenue at any time, at our discretion. If you violate any of these Terms of Use, your permission to use Opal will automatically terminate and the violator will be disqualified from any and all benefits of using Opal.<br /><br />Disclaimer of Warranties and Limitations on Our Liability <br /><br />WE TRY TO KEEP Opal UP, BUG-FREE, AND SAFE, BUT USE Opal AT YOUR OWN RISK. Opal IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Opal Media, LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO Opal (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). <br /><br />Opal Media, LLC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH Opal, OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO OR FROM Opal. Opal Media, LLC AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF Opal; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Opal; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH Opal BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH Opal. <br /><br />Opal Media, LLC AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH Opal OR ANY LINKED WEBSITE. Opal Media, LLC AND ITS AFFILIATES WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. <br /><br />YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Opal IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Opal Media, LLC OR THROUGH Opal WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE. <br /><br />TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Opal Media, LLC NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE USE OF Opal. <br /><br />Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Opal Media, LLC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Opal Media, LLC’s liability will be the minimum permitted under such law. <br /><br />Indemnification <br /><br />You agree to indemnify, defend, and hold harmless Opal Media, LLC, and its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your messages, feedback, or any other content) you or anyone using your account or device submit, post, or transmit using Opal; (b) the use of Opal by you or anyone using your account or device; (c) the violation of these Terms of Use by you or anyone using your account or device; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account or device. Opal Media, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Opal Media, LLC in asserting any available defenses. <br /><br />Force Majeure <br /><br />Under no circumstances will Opal Media, LLC be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. <br /><br />Other Provisions <br /><br />These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any conflict of laws, rules or provisions. You agree that any action at law or in equity arising from or relating to these Terms of Use, Opal, or Opal Media, LLC will be filed only in the state or federal courts located in Lake County, Illinois, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The failure of Opal Media, LLC to enforce any right or provision of these Terms of Use will not be deemed a waiver of that right or provision. <br /><br />Terms of Use Changes <br /><br />From time to time, we may change these Terms of Use. If we change these Terms of Use, we will inform you by posting the revised Opal Terms of Use on the Opal Media, LLC website. Those changes will go into effect on the Revision Date shown in the revised Terms of Use. Your continued use of Opal constitutes your consent to be bound by the revised Terms of Use. <br />
<br />Overview <br /><br />This Privacy Policy describes how Opal Media, LLC. (“Opal” or “Us” or "We") treats information that it collects and receives related to your use of Opal’s products, services, and website. Our primary goal in collecting information is to provide and improve our products and services. <br />
<br />Information Opal Collects and Uses <br /><br />Opal collects information when you use and access Opal products, services and website. The information collected includes Personal Information, App Data and Share Data (collectively, “Customer Information”). “Personal Information” is information about you that is personally identifiable, like your full name, address, email address, billing information, passwords, home and business addresses, phone numbers, and information that may not be otherwise publicly available. “App Data” is information about the nature of your usage of Opal’s website and products and services and non-personal demographic information. App Data can include: IP addresses, domain servers, referring/exit pages, operating system information, unique device identifier (UDID), date/time stamp, clickstream data, messages sent and received using or through Opal products and services, information about those messages, saved ad information, advertising list update information, type of device, location information, user age and gender demographics, type of web browser, one or more cookies that identify your browser, and telecommunications carrier information. “Share Data” is data you’ve provided for use with Opal’s products or services and which may be made available to third parties by your actions in using Opal products or services which constitute your consent for Opal’s use of Share Data as so directed by you. <br />
<br />Information Sharing and Disclosure <br /><br />Opal uses Customer Information to enhance your use of the Opal services by processing such information for various purposes, including improving and providing Opal’s products and services, product notifications, delivering advertisements and related links, for sending, sharing and storing your Share Data as you direct through use of Opal products and services, and other purposes relating to offering you Opal products and services. <br /><br />Ad Networks. We may work with third-party marketing and advertising companies ("Ad Networks"). These companies may collect and use your non-personal information on Opal’s website and products and services in order to provide advertisements about goods and services that may be of interest to you. Advertisements may be shown via the Opal website, Opal products and services, or third-party websites. These companies may place or recognize a unique cookie on your computer or use other technologies such as Web beacons. Our Privacy Policy does not cover any use of information that an Ad Network may collect from you. It also does not cover any information that you may choose to provide to an Ad Network or to an advertiser whose goods or services are advertised through the Site or the Services. For more information about ad cookies, and to "opt-out" of the collection of information by some companies that allow you to do so, please visit our Contact Us page on our website: www.OpalSentMe.com. <br /><br />Agents and Service Providers: Opal may engage other companies and individuals to perform services on our behalf. Examples of these services include processing credit card payments, submitting newsletters, sending postal mail and e-mail to you, and analyzing data. While these agents and service providers may have access to your customer information in connection with the performance of services for Opal, they may not use such information for any purpose other than providing such services to Opal. <br /><br />Aggregate Information: Opal may share aggregated, non-personal information that does not personally identify you, with advertisers, publishers, business partners, sponsors, and other third parties. <br /><br />Other Transfers. We may share Customer Information with businesses controlling, controlled by, or under common control with Opal. If Opal is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Customer Information in connection with such transaction. You will have the opportunity to opt out of any such transfer if, in our discretion, the new entity plans to handle your information in a way that differs materially from this Privacy Policy. <br /><br />Compliance with Laws and Law Enforcement. Opal cooperates with government and law enforcement officials to enforce and comply with the law. We may therefore disclose Customer Information, and any other information about you, if we have a good faith belief that it is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce our Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) protect against harm to the rights, property or safety of Opal, its users or the public as required or permitted by law, or (e) exchange information with other companies and organizations for fraud protection and credit risk reduction. <br /><br />Security <br /><br />Please be aware that, whenever you share information on a publicly available profile page, community page or any other public forum, this information may be accessed by the public. In addition, when you share information in SMS, WAP, instant message, or any other communications with third parties, that information may be passed along or made public by others. That means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications. <br /><br />Opal is very concerned about safeguarding the confidentiality of Customer Information. We employ measures designed to protect your information from unauthorized access. Customer Information we collect is stored in a secure manner that is accessible only by authorized Opal personnel, contractors, and agents bound by confidentiality obligations and is only disclosed under the provisions of this Privacy Policy. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through our website and products and services, we cannot and do not guarantee the security of any information you transmit on or through the website and products and services, and you do so at your own risk. <br /><br />Periodically, Opal undertakes a review of its privacy practices to ensure that the information we collect is needed to provide or improve the services we provide. <br />
<br />Cookies <br /><br />When you visit Opal’s website, and products and services, we may send cookies to your computer and mobile phone that uniquely identify your browser. We use cookies to improve the quality of our service by storing user preferences and tracking usage information. Most browsers allow you to disable cookies or set your browser to alert you when cookies are being sent to your computer. If you disable cookies, you may not be able to utilize certain Opal products and services. <br />
<br />Children's Personal Information <br /><br />We do not knowingly collect Personal Information from children under the age of 16. By using our website or products or services, you promise that you are at least 16years old. If we become aware that we have inadvertently received Customer Information from a child under the age of 16, we will delete such information from our records. In addition, we recommend that minors 16 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet. <br /><br />Links to Third Party Sites <br /><br />As a convenience to you, we may provide links and/or connections to third-party web sites or services from within our website or our products or services. Opal is not responsible for the privacy practices or content of these third-party sites. You access such third-party websites or content at your own risk. <br />
<br />Access/Removal of Your Personal Information <br /><br />If you want us to remove your Customer Information from our database, or would like to access the Customer Information that was collected from you, you can contact us using the Contact Us page provided on our website. <br /><br />You can always review, correct, update, or change your Customer Information by contacting us through our website. Or, you may opt out of our direct marketing efforts, by uninstalling our products and services from your handset, or by emailing us through our website www.OpalSentMe.com. If you have questions or concerns regarding this Privacy Policy, please e-mail us through our website www.OpalSentMe.com. <br /><br />Modifications of Privacy Policy <br /><br />Opal reserves the right, at our discretion, to change, update or modify this Privacy Policy at any time by posting such change, update or modification on the Opal website (www.OpalSentMe.com). Any such change, update or modification will be effective immediately upon notice, which Opal may provide by any means, including, without limitation, posting on the Opal website, notifications within Opal applications, or electronic mail. Your continued use of the Opal website and/or any Opal products and services following the posting of changes will mean you accept those changes. Use of information that we gather is subject to the Privacy Policy in effect at the time of use. <br /><br />Processing in the United States <br /><br />Please be aware that your Customer Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using our Site or Services, you agree that the collection, use, transfer, and disclosure of your Customer Information and communications will be governed by the applicable laws in the United States. <br /><br />Contact Us <br /><br />If you have any questions or concerns regarding this Privacy Policy, please send us an email through our website www.OpalSentMe.com or write to us at Opal Media, LLC. 137 N. Oak Park Ave. Ste 215 #3380 Oak Park, IL 60301. If we receive formal privacy-related complaints, it is our policy to use reasonable efforts to communicate with the complaining party about its concerns, and we will cooperate with appropriate authorities if we cannot resolve privacy complaints. <br />
<br />Last updated February 7, 2022 <br /> Terms of Use <br /><br />Revised: February 7, 2022 <br /><br />These Terms of Use govern your use of Opal's cell phone applications (Opal), which you must read and agree to before using. By using Opal, you're agreeing to be bound by these Terms of Use. If you do not agree to any of the following Terms of Use, please do not use Opal. <br /><br />Opal Service <br /><br />Opal’s Text Messaging app is a downloadable software application for smartphones that allows its users to send and receive SMS/MMS messages using their carrier’s messaging services.<br /><br />If you are receiving unwanted messages from someone using Opal or otherwise want to opt out of receiving Opal messages, you will need to block messages coming from such Opal user or request that the Opal user no longer transmit such messages to your phone. If you no longer want to use Opal, or view any of its advertisements, you may exercise the filter as described below, or you can easily uninstall the application, and this will prevent Opal messages from being sent, or certain advertisements from being viewed, on and from your mobile device, unless Opal is uninstalled, in which no ads will be viewed. You can always reinstall Opal.<br /><br />If an advertisement from a particular party is being displayed and you would like to block that particular advertisement, you can use the hide in popup toggle button in the settings menu of the app to stop receiving that advertisement. However, the ad revenue amount shared with you may depend on the ads you choose to remain unhidden and/or the amount of times you view, click, or share and ad in the popup window or in the ad library. <br /> <br />By using our apps and receiving shared ad revenue from us you are not obligated to support, endorse, or patron our advertisers and are not perceived to be a supporter of their products, services, or beliefs. Our advertisers are purchasing inventory in our advertising network, which we display in our apps. To show our appreciation for using our apps and being exposed to the ads we display, we may share some of our ad revenue with you.<br /> <br />In order to be fully eligible to receive rewards and benefits of Opal, you must complete your profile information on the app with your phone number, demographic, geographic information, as well as some billing address information listed with your carrier to potentially help integrate rewards being applied directly to your cell phone bill as a credit. Qualification for receiving any shared ad revenue will be dependent on your profile information fitting within an advertiser’s target audience and that the profile registrent is in compliance with this agreement. App users that qualify to receive shared ad revenue may choose to receive their shared ad revenue in the form of a gift card to one of the advertiser’s establishments. Qualified app users may be subject to submitting additional information to Opal Media, LLC for tax purposes. Opal Media, LLC may limit the total amount of shared ad revenue distributed to an app user within a calendar year.<br /><br />Opal Media, LLC is not responsible for users that have not properly completed their profile by filling in every field that appears. Opal Media, LLC is not responsible for correcting improper information, unless informed of the improper information in a timely manner. All pertinent information must be consistent with the records of the app user’s wireless carrier. It is the full responsibility of the app user to keep Opal Media, LLC updated with all current information. <br /><br />By providing your phone number and billing address registered with your wireless carrier, you authorize us to do any of the following at any time: <br /><br />Apply the shared ad revenue with your wireless carrier on your behalf in the form of a credit to your bill. <br />Contact you to provide an alternative shared ad revenue distribution method. <br />Obtain usage information from your wireless carrier <br />Automatically enroll you into our rewards program in order to receive full Opal benefits. <br /><br />Eligibility <br /><br />You must be at least 16 years old to use Opal and qualify to receive any version of shared ad revenue. If you are not at least 16 years old, do not use Opal’s app. If you are under 18 years old, your parent or legal guardian must also read and agree to be bound by these Terms of Use. <br /><br />Other End User License Agreements <br /><br />Certain other end user license agreements and/or terms of use (such as those published by your wireless carrier and/or mobile device manufacturer) may also govern your use of Opal, provided that our Terms of Use will control in the event of a conflict with any such other agreement. <br /><br />Ownership <br /><br />The content of Opal, including all software, text, visual, and audio content ("Content") and trademarks and logos, including Opal ("Marks"), is owned by or licensed to Opal Media, LLC and is protected under U.S. and international laws. <br /><br />Use of Opal <br /><br />You are responsible for your use of Opal, and for any use of Opal made using your device. You agree not to access, copy, or otherwise use Opal, including our Content and Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by Opal Media, LLC If you decide to enter a mobile phone number (or other personal information) in connection with your use of Opal, you agree only to enter the mobile phone number associated with your account (and other accurate personal information about you). You also agree not to use Opal to: <br /><br />- transmit any malicious or unsolicited software; <br /><br />- send unwanted messages or any unauthorized advertising or commercial communications, such as spam; <br /><br />- stalk, harass, or harm another individual; <br /><br />- violate or infringe other people's intellectual property, privacy, or other rights; <br /><br />- violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer; <br /><br />- violate any law or regulation; <br /><br />- impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity; <br /><br />- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion; <br /><br />- violate any requirements, procedures, policies or regulations of networks connected to Opal; <br /> or <br /><br />- interfere with or disrupt Opal. <br /><br />Feedback <br /><br />We always welcome and appreciate your feedback and suggestions about Opal. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand that we may use them without compensation to you. All rights to such feedback or suggestions submitted that are implemented will become the sole property (physical or intellectual) of Opal Media, LLC <br /><br />Support <br /><br />If you have questions or need help using Opal, please feel free to email us with your questions or comments on our website www.OpalSentMe.com. We will try to respond to support questions within 24 hours. <br /><br />Mobile Services <br /><br />Opal features this messaging service on many mobile phones. We don't charge you for these services, but please be aware that your wireless carrier's normal messaging and data rates may apply and are your sole responsibility, as described above under Opal Service. For questions regarding Opal, please see our About Us page on www.OpalSentMe.com. <br /><br />Using certain mobile services may also be prohibited or restricted by your wireless carrier and/or mobile device manufacturer, and Opal may not work with all carriers or mobile devices. <br /><br />By using Opal, you consent to our communicating with you by SMS or other electronic means and that certain demographic and usage information about your usage of Opal may be communicated to us and our sponsors. Personal information will never be disclosed to any third party, unless required by law. <br /><br />Copyright <br /><br />We respect the intellectual property rights of others. Upon proper notice, we will remove any content that violates copyright law. We will also terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, please send Opal Media, LLC’s a notification with all of the following information: <br /><br />- identification of the claimed infringing material and information reasonably sufficient to permit Opal Media, LLC to locate the material on Opal; <br /><br />- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; <br /><br />- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; <br /><br />- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and <br /><br />- information reasonably sufficient to permit Opal Media, LLC to contact you, such as an address, telephone number, and, if available, an e-mail address; <br /><br />- your physical or electronic signature. <br /><br />Please send all of the information described above by mail at Opal Media, LLC Attn: Copyright Claims, 137 N. Oak Park Ave. Ste 215 #3380 Oak Park, IL 60301. Please only send notices or inquiries about alleged copyright infringement to this Attn. <br /><br />Links to Other Websites <br /><br />Opal may contain links to, or directed to, other websites (such as in advertisements), or allows you to send and receive such links. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. You access and distribute such third-party websites or content at your own risk. You should always read the terms of use and privacy policy of a third-party website before using it. Opal Media, LLC will not be responsible for any damage or loss related to the use of any content, goods or services available on or through any third-party website. <br /><br />Privacy <br /><br />Opal Media, LLC respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you and your messages. By using Opal, you also agree to abide by our Privacy Policy. At no time will Opal Media, LLC provide your personal information to any third party, except where required by law. <br /><br />Opal Modifications and Updates <br /><br />Opal Media, LLC enhances and updates Opal often. We may also need to discontinue services we offer from time to time. You understand and agree that we may modify or discontinue Opal, with or without notice to you. Opal Media, LLC will not be liable to you or any third party should it modify or discontinue Opal. You hereby authorize Opal Media, LLC to send messages and/or notifications to your smartphone in order to update advertisement information that is being, or will be, displayed on the smartphone. These messages need no action to be taken by users. If you wish not to receive these messages, or if you receive such messages after you have removed Opal from your handset, you may reply STOP, and you will stop receiving these messages as well as any advertisement updates. Replying STOP will disqualify the app user from receiving any shared ad revenue. Opal is not held accountable for expired promotion codes, advertisements, or other information that may have “expired” due to stopping these updates, or for any other reason. <br /><br />Termination <br /><br />Opal Media, LLC reserves the right not to provide Opal to any user, and also reserves the right to terminate any Opal user at any time, at our discretion. Opal Media, LLC reserves the right not to provide Opal benefits and shared ad revenue to any user, and also reserves the right to terminate any Opal benefits and shared ad revenue at any time, at our discretion. If you violate any of these Terms of Use, your permission to use Opal will automatically terminate and the violator will be disqualified from any and all benefits of using Opal.<br /><br />Disclaimer of Warranties and Limitations on Our Liability <br /><br />WE TRY TO KEEP Opal UP, BUG-FREE, AND SAFE, BUT USE Opal AT YOUR OWN RISK. Opal IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Opal Media, LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO Opal (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). <br /><br />Opal Media, LLC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH Opal, OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO OR FROM Opal. Opal Media, LLC AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF Opal; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Opal; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH Opal BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH Opal. <br /><br />Opal Media, LLC AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH Opal OR ANY LINKED WEBSITE. Opal Media, LLC AND ITS AFFILIATES WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. <br /><br />YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Opal IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Opal Media, LLC OR THROUGH Opal WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE. <br /><br />TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Opal Media, LLC NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE USE OF Opal. <br /><br />Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Opal Media, LLC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Opal Media, LLC’s liability will be the minimum permitted under such law. <br /><br />Indemnification <br /><br />You agree to indemnify, defend, and hold harmless Opal Media, LLC, and its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your messages, feedback, or any other content) you or anyone using your account or device submit, post, or transmit using Opal; (b) the use of Opal by you or anyone using your account or device; (c) the violation of these Terms of Use by you or anyone using your account or device; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account or device. Opal Media, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Opal Media, LLC in asserting any available defenses. <br /><br />Force Majeure <br /><br />Under no circumstances will Opal Media, LLC be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. <br /><br />Other Provisions <br /><br />These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any conflict of laws, rules or provisions. You agree that any action at law or in equity arising from or relating to these Terms of Use, Opal, or Opal Media, LLC will be filed only in the state or federal courts located in Lake County, Illinois, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The failure of Opal Media, LLC to enforce any right or provision of these Terms of Use will not be deemed a waiver of that right or provision. <br /><br />Terms of Use Changes <br /><br />From time to time, we may change these Terms of Use. If we change these Terms of Use, we will inform you by posting the revised Opal Terms of Use on the Opal Media, LLC website. Those changes will go into effect on the Revision Date shown in the revised Terms of Use. Your continued use of Opal constitutes your consent to be bound by the revised Terms of Use. <br />