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MOBILE MESSAGING TERMS AND CONDITIONS Last updated: [1/7/24] [Sterling's Restaurant] “we”, or “us”) operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (these “Mobile Messaging Terms”). The Program and our collection and use of your personal information is also subject to our Privacy Policy [insert link to your privacy policy] [and our [insert name of general terms of use agreement] [insert link if applicable]]. By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms and our Privacy Policy [and our [insert name of general terms of use agreement]]. 1. Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include [promotions, specials, other marketing offers, and abandoned checkout reminders]. Transactional messages relate to an existing or ongoing transaction and may include [order notifications and updates, appointment reminders, and other transaction-related information]. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary [but will not exceed x messages per x]. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for short message service and multimedia message alerts. 2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at [SterlingsFamous.com]. Your participation in the Program is not required to make any purchase from us and your participation in the Program is completely voluntary. 3. User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to join the Program again, just sign up as you did the first time, and we will start sending messages to you again. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed. 4. Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program. 5. Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.
PRIVACY POLICY Most Recent Update: 1/7/24 This Privacy Policy explains how [Sterling's] collects, uses and discloses personal information of its customers, prospective customers, and visitors to its website at [insert your website address]. COLLECTION OF PERSONAL INFORMATION [DRAFTING NOTE: Use this section to describe the types of information you collect about identifiable individuals and how you collect it (e.g., directly from the user, through online tracking technologies or from other sources such as advertising partners or other third parties).] Information collected directly from you: We may collect personal information directly from you, for example [through a web form, during an online or in-person registration, while making a reservation, while setting up an account with us, when you contact us for customer support, or at checkout.] Personal information we collect directly from you may include [first and last name, address, email address, and phone number.] Information collected from your device: Our website may use tracking technologies such as cookies, web beacons, pixels, and other similar technologies to automatically collect certain information from your device, including for example [your IP address, browser and operating system information, geographic location, referring website address, and other information about how you interact with the website.] Our website may also use cookies to personalize your experience and enable certain features [such as keeping track of items you put in your shopping cart.] You may disable cookies in your web browser however parts of our website may not function properly. More information about blocking and deleting cookies is available at http://www.allaboutcookies.org. Our email campaigns may also use tracking technologies such as web beacons, pixels and other similar technologies to automatically collect certain information such as your IP address, browser type and version, and email engagement statistics. Information collected from our advertising partners: We may collect personal information about you from our advertising partners. Personal information we collect from our advertising partners may include [your demographic information, shopping history, and geographic location.] USE OF PERSONAL INFORMATION [DRAFTING NOTE: Use this section to describe how you use each type of personal information described in the collection section above.] We use information collected directly from you to provide you with [our products and services, customer service and support, and other relevant information.] We may also use this information to market our products and services to you, including by email and text message subject to your consent. We use information collected automatically from your device [to provide our website to you, to optimize our website, and to assist with our advertising and marketing efforts.] We may also use information collected from you and information collected from your device to send you abandoned cart reminders if you added items to your shopping cart but did not complete check out. We use information collected from our advertising partners to [market our products and services to you.] DISCLOSURE OF PERSONAL INFORMATION [DRAFTING NOTE: Use this section to describe the third parties to whom you provide the personal information you collect. If you sell, rent or lease personal information, we recommend consulting with your legal counsel about your obligations.] We may use third-party service providers to assist us with providing and marketing our products and services to you and we may share your information with such third parties for these limited purposes. ● We use Constant Contact for our email marketing and text message communications. For more information about how we may use your information with Constant Contact and the information that may be collected through our email campaigns, see Constant Contact’s Customer Data Notice available at https://www.constantcontact.com/legal/customer-contact-data-notice. ● We use [insert website analytics company] to help us understand how visitors interact with our website. [Insert website analytics company] uses and processes your information in accordance with its privacy policy available at [insert website analytics company’s privacy policy]. ● We use [insert online store provider] to provide our online store. [Insert online store provider] uses and processes your information in accordance with its privacy policy available at [insert online store’s privacy policy]. ● We use [insert payment processor] as our payment processor. [Insert payment processor] uses and processes your payment information in accordance with its privacy policy available at [insert payment processor’s privacy policy]. [We use [insert advertising partner] as our advertising partner. We may authorize our advertising partner to use cookies and similar technologies on our website to automatically collect certain information from your device and we may share information about [you, your purchases, and your interactions with our website] with our advertising partner. Such information can be used by us or our advertising partner. For more information about how to opt out of targeted advertising from our advertising partner, go to [insert advertising partner’s opt out page].][DRAFTING NOTE: If you provide information to advertising partners for targeted or cross-context behavioral advertising, this may be deemed a sale of information under the California Consumer Privacy Act and other privacy legislation and we recommend consulting with your legal counsel about your obligations.] We may also share your personal information if necessary to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. EMAIL AND TEXT MESSAGE COMMUNICATIONS If you wish to unsubscribe from our email campaigns, please click on the Unsubscribe link at the bottom of any marketing email sent from us. If you wish to stop receiving text messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. For more information, see our Mobile Messaging Terms and Conditions available at [insert link to your mobile terms]. [YOUR PRIVACY RIGHTS [DRAFTING NOTE: Depending on the privacy legislation that is applicable to you, you may be required to provide your users with certain rights to access, correct and delete the data you hold about them. We recommend consulting with your legal counsel about your obligations.] You may have the right to request access to the personal information we hold about you, to port it to a new service, or to request that your personal information be corrected or deleted. To exercise any of these rights, please contact us at [add contact information].] CHANGES TO THE THIS PRIVACY POLICY We may update this Privacy Policy at any time. Please review it frequently. CONTACT INFORMATION If you have any questions about this policy or our privacy practices, please contact us at [add contact information].