This Privacy Notice applies to the processing of personal information by Textclub, Inc. doing business as (dba) Jest. (“Jest,” “we,” “us,” or “our”), including through our website available at https://jest.com and through our other online or offline offerings which link to, or are otherwise subject to, this Privacy Notice (collectively, the “Services”).
We may update this Privacy Notice from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Privacy Notice on our website, and/or we may also send other communications.
We collect personal information that you provide to us, personal information we collect automatically when you use the Services, and personal information from third-party sources, as described below.
Account Information. We may collect personal information in connection with the creation or administration of your account. This personal information may include, but is not limited to, your name, address, phone number, details about the Third-Party Services you use, and other information you store with your account.
Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
Your Communications with Us. We, and our service providers, may collect the information you communicate to us, such as through email or our web chat tool.
Surveys. We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the survey.
Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public.”
Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.
Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
Job Applications. If you apply for a job with us, we will collect any personal information you provide in connection with your application, such as your contact information and CV.
Device Information. We may collect personal information about your device, such as your Internet protocol (IP) address, user settings, cookie identifiers, other unique identifiers, browser or device information, Internet service provider, and location information (including, as applicable, approximate location derived from IP address).
Usage Information. We may collect personal information about your use of the Services, such as the pages that you visit, items that you search for, the types of content you interact with, information about the links you click, the frequency and duration of your activities, and other information about how you use the Services. We may also collect personal information related to your gameplay, such as the game you played, how long you played the game and when, gameplay attempts, progression and results, saved preferences, and the URLs of our websites that you have visited.
Cookie Notice (and Other Technologies). We, as well as third parties, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect personal information through your use of the Services.
Cookies. Cookies are small text files stored in device browsers.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects personal information about use of or engagement with the Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies.
We may collect personal information about you from third parties. For example, if you access the Services using a Third-Party Service (defined below), we may collect personal information about you from that Third-Party Service that you have made available via your privacy settings. In addition, users of the Services may upload or otherwise provide personal information about others.
We use personal information for a variety of business purposes, including to provide the Services, to improve the Services, to develop new products and services, to operate our business, and to provide you with marketing materials, as described below.
We use personal information to provide the Services, such as:
- Communicating with you via text message and other channels;
- Answering requests;
- Providing access to certain areas, functionalities, and features of the Services and Third-Party Services;
- Sharing personal information with third parties as needed to provide the Services;
- Processing your financial information and other payment methods; and
- Ensuring internal quality control and safety.
We use personal information to improve the Services and to develop new products and services, such as:
- Developing, training, fine tuning, and prompting models and algorithms;
- Improving, upgrading, or enhancing the Services.
We use personal information to operate our business, such as:
- Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
- Carrying out data analytics;
- Creating de-identified and/or aggregated information;
- Processing applications if you apply for a job we post on our Services;
- Allowing you to register for events;
- Enforcing our agreements and policies;
- Defending, enforcing and protecting our rights and interests and those of third parties; and
- Carrying out activities that are required to comply with our legal obligations.
We may use personal information to tailor and provide you with marketing and other content. We may provide you with these materials as permitted by applicable law, including by text message.
We send text messages only as permitted by applicable law and where you have provided the required consent. Consent to receive text messages is not required to access or use our Services.
If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.
We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information, with your consent, or as otherwise directed by you.
We disclose personal information to third parties for a variety of business purposes, including to provide the Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
Unless we enter into a corporate transaction as described below in Section 4D (Disclosure in the Event of Merger, Sale, or Other Asset Transfers), no phone numbers or related data (such as text messaging originator opt-in data and consent) we collect will be sold or shared with third parties for any reason except fulfilling Jest’s Services.
We may disclose any of the personal information we collect to the categories of third parties described below.
Service Providers. We may disclose personal information to third-party service providers that assist us with the provision of the Services. This may include, but is not limited to, service providers that provide us with hosting, customer service, analytics, marketing services, IT support, and related services. In addition, personal information and chat communications may be disclosed to service providers that help provide our chat features.
Developers You Interact With. The Services enable you to discover, access, and interact with games and related content (each a “Game”) created, published, and operated by independent third-party developers (“Developers”). When you access, use, or interact with a Game, your personal information may be shared with the Game’s Developer. However, please note that no phone numbers or related data (such as text messaging originator opt-in data and consent) will be shared by Jest with Developers. Any personal information shared with or provided to a Developer will be subject to the Developer’s privacy policy. We are not responsible for the processing of personal information by Developers.
Other Users You Share or Interact With. The Services may allow Jest users to share personal information or interact with other users of the Services.
Jest Customers (Authorized Users Only). In cases where you use our Services as an employee, contractor, or other authorized user of a Jest customer, that customer may access information associated with your use of the Services including usage data and the contents of the communications and files associated with your account. Your personal information may also be subject to the Jest customer’s privacy policy. We are not responsible for the Jest customer’s processing of your personal information.
We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, purchase or sale of assets, transition of service to another provider, or other similar corporate transaction, your personal information may be disclosed, sold, or transferred as part of such a transaction.
Your Privacy Choices. The privacy choices you may have about your personal information are described below.
If you receive an unwanted email from us, you can use the unsubscribe functionality found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails. We may also send you certain non-promotional communications regarding us and the Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to this Privacy Notice).
If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by replying STOP or by otherwise contacting us as set forth in “Contact Us” below.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, the Services may not work properly.
Please note you must separately opt out in each browser and on each device.
You have the right to access, correct, verify, or remove your personal information at any time. To manage your information, you may contact us as described in “Contact Us” below.
All personal information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live.
The Services are not directed to children under 18, and we do not knowingly collect personal information from children.
If you are a parent or guardian and believe your child has uploaded personal information to the Services in violation of applicable law, you may contact us as described in “Contact Us” below.
The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.
If you have any questions about our privacy practices or this Privacy Notice, please contact us at: privacy@jest.com.
If you choose to participate in our Text Messaging Program, you agree to be bound by the Text Messaging Program Terms of Service described in our Terms and Conditions.