Section 1: Introduction to Your Legal Framework1.1 The Symbiotic Relationship: Privacy Policy vs. Terms of Service
A compliant and legally robust website relies on two foundational documents: the Privacy Policy and the Terms of Service. While often grouped together, they serve distinct but complementary functions. Understanding their individual roles is the first step toward mitigating legal risk and building user trust.A Privacy Policy is a legal statement required by law in most jurisdictions that discloses how a company collects, handles, processes, and protects the personal data of its customers and website visitors.1 This document is fundamentally about transparency. It must clearly articulate what personal information is gathered (e.g., names, emails, IP addresses), the purposes for its collection, whether it is shared with or sold to third parties, and the rights users have over their data.1 The absence of a Privacy Policy can lead to legal penalties and, just as importantly, can create suspicion among users, who may assume the worst about a company's data practices.1A Terms of Service (also known as Terms and Conditions or Terms of Use) is a legally binding agreement that establishes the rules and guidelines for using a website or service.4 Unlike a Privacy Policy, which is a disclosure document, the Terms of Service functions as a contract between the business and its users. It outlines the rights and responsibilities of both parties, helping to limit the business's legal liability, protect its intellectual property, and maintain control over its platform.4 While a Privacy Policy protects the user's data, the Terms of Service primarily protects the business itself.7The presence and clarity of these legal policies are not merely a compliance exercise; they are a critical component of brand strategy. A missing policy can foster distrust, as users may assume the business is collecting vast amounts of data without disclosure.1 This can increase user anxiety and lead to higher abandonment rates at key conversion points like account creation or checkout. Conversely, prominently displaying well-written, transparent policies signals professionalism and respect for the user.3 This proactive approach to legal hygiene can directly translate into higher user trust, improved conversion rates, and a stronger, more reputable brand.1.2 The Cornerstone of Enforceability: Obtaining User ConsentA legal document is only effective if it is enforceable. For a Terms of Service agreement to be considered a binding contract, the business must be able to demonstrate that the user agreed to its terms. The method used to obtain this consent is critical.The most legally robust method is known as clickwrap. This involves requiring a user to take an affirmative action—such as checking an unticked box or clicking a button clearly labeled with language of agreement—to signify their consent.4 This creates a clear, documented record of acceptance. The language should be unambiguous, for example: "By checking this box, you agree to our Terms of Service and Privacy Policy".8A less secure method is browsewrap, where a notice on the website states that by simply using or browsing the site, the user agrees to the terms.9 While common, browsewrap agreements are often challenged in court because it can be difficult to prove that a user was aware of the terms. For any action that involves a significant exchange, such as creating an account, making a purchase, or opting into a communication program, the clickwrap method is the recommended standard for ensuring enforceability.4 The acknowledgment language in the agreement itself should also reinforce this, stating clearly that accessing or using the service constitutes agreement to be bound by the terms.101.3 Best Practices for Website Display and AccessibilityFor legal policies to be effective and for consent to be considered informed, the documents must be easily accessible to users. Hiding links in obscure parts of a website can undermine their enforceability. Industry standards and legal best practices dictate placing links to the Privacy Policy and Terms of Service in prominent and predictable locations.3The most common and expected location is the website footer, which appears consistently on every page of the site.3 Additional critical locations include:Account Registration or Sign-up Forms: Presenting links at the point of account creation ensures users have the opportunity to review the terms before committing their personal information.12Checkout Screens: Displaying links during the payment process is crucial for e-commerce businesses to set expectations regarding purchases, data handling, and returns.5In-App Menus or Settings: For mobile applications, links should be available within a settings or "About" menu.12Opt-In Forms: Any form that collects information for a specific purpose, such as an email newsletter or SMS program, must include a link to the relevant policies.14
2.1 Core Obligations and Key Terminology
Businesses operating online must be aware of major data privacy regulations that may apply to them, regardless of their physical location. The two most significant frameworks are the European Union's General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), which was expanded by the California Privacy Rights Act (CPRA).The GDPR applies to any business that offers goods or services to individuals in the EU or monitors their behavior, making it a globally relevant law.15 It is known for its stringent requirements regarding user consent and data subject rights.The CCPA/CPRA applies to for-profit businesses that operate in California and meet certain thresholds, such as having annual gross revenue over $25 million or buying, selling, or sharing the personal information of 100,000 or more California consumers or households.17Several key terms are central to understanding these laws:Personal Information (or Personal Data): This is any information that can be used to identify an individual, directly or indirectly. The definition is broad and includes names, email addresses, IP addresses, cookie identifiers, geolocation data, and commercial information.1Processing: This refers to any operation performed on personal data, including collection, storage, use, sharing, and deletion.2Data Controller: This is the entity that determines the purposes and means of processing personal data—in this case, the business owner.16Sell or Share (CCPA/CPRA): The CCPA/CPRA has a broad definition of "sell" that includes not just monetary transactions but also sharing personal information for "other valuable consideration." The CPRA added the term "share," which specifically covers the disclosure of personal information to third parties for cross-context behavioral advertising (i.e., targeted advertising based on a user's activity across different websites).192.2 A Comparative Analysis of User RightsBoth GDPR and CCPA/CPRA grant individuals significant rights over their personal data, but the specifics of these rights and the obligations they place on businesses differ. A business cannot adopt a one-size-fits-all approach to handling data rights requests; the internal workflows must be tailored to the jurisdiction of the individual making the request.For instance, both laws provide a right to have data deleted. However, the CCPA's "right to deletion" includes several broad exceptions that allow a business to retain information if it is necessary to provide a service, for security purposes, or for other internal uses that a consumer might reasonably expect.17 In contrast, the GDPR's "right to erasure" is more absolute, offering fewer business-friendly exceptions.16 This legal distinction has direct operational consequences. A request from a California resident to delete their account might permit the business to retain their transaction history for internal analytics, as this could be considered a reasonably expected internal use. A similar request from a French resident under GDPR would likely require the complete and permanent erasure of that same data, unless another lawful basis, such as a legal obligation to retain financial records, applies.This necessitates that customer service and compliance teams are trained to identify the origin of a data rights request and apply the correct legal standard. The Privacy Policy must also be drafted with jurisdiction-specific language to accurately reflect these distinct rights, which is why a comprehensive, layered policy is the most effective approach.The following table provides a comparative overview of the key rights under both legal frameworks.Table 1: Comparison of User Data Rights (GDPR vs. CCPA/CPRA)| Right | GDPR Provision (Art. 15-22) 16 | CCPA/CPRA Provision 17 | Key Operational Difference || :--- | :--- | :--- | :--- || Right to Know/Access | Right to obtain confirmation of processing and access to personal data, including purposes, categories, recipients, and retention period. | Right to know categories and specific pieces of personal information collected, sources, purposes for collection, and categories of third parties with whom it is shared/sold over the preceding 12 months. | CCPA/CPRA has a 12-month look-back period. GDPR does not. || Right to Deletion/Erasure | "Right to erasure" (or "right to be forgotten") is broad, with limited exceptions (e.g., legal obligations, public health). | "Right to deletion" has more extensive exceptions, allowing retention for completing transactions, security, debugging, and reasonably expected internal uses. | The business has more grounds to deny a deletion request under CCPA/CPRA than under GDPR. || Right to Opt-Out of Sale/Sharing | Not an explicit right; processing for marketing relies on consent or legitimate interest, which can be objected to. | Explicit right to opt-out of the "sale" or "sharing" (for cross-context behavioral advertising) of personal information. | This is a core, explicit right under CCPA/CPRA requiring a dedicated "Do Not Sell or Share" mechanism. || Right to Limit Use of Sensitive Info | Processing of "special categories of personal data" is prohibited by default unless an explicit condition (like explicit consent) is met. | Explicit right to limit the use and disclosure of "Sensitive Personal Information" to purposes necessary to perform services or provide goods. | CCPA/CPRA requires a specific mechanism ("Limit the Use of My Sensitive Personal Information" link) if this data is used for other purposes. || Right to Correct/Rectification | "Right to rectification" allows data subjects to have inaccurate personal data corrected without undue delay. | "Right to correct" allows consumers to have inaccurate personal information corrected. | The rights are functionally similar, requiring a process to receive and verify correction requests. || Right to Data Portability | Right to receive personal data in a structured, commonly used, and machine-readable format and to transmit it to another controller. | Right to obtain a copy of personal information in a portable and, to the extent technically feasible, readily usable format. | Both laws require providing data in a portable format, but GDPR's scope is tied to data processed by automated means based on consent or contract. || Right to Non-Discrimination/Retaliation | GDPR implies non-retaliation, but CCPA/CPRA makes it an explicit, core right. | Explicitly prohibits businesses from discriminating against a consumer for exercising their rights (e.g., by denying goods or charging different prices). | CCPA/CPRA's non-discrimination right is more detailed and a central tenet of the law. |
3.1 The Legal Stakes: TCPA and CTIA
Engaging in SMS (text message) marketing introduces a separate and highly regulated layer of legal compliance. The primary frameworks governing this activity in the United States are the Telephone Consumer Protection Act (TCPA) and the principles set forth by the Cellular Telecommunications Industry Association (CTIA).The TCPA is a federal law that places strict restrictions on the use of automated telephone dialing systems (autodialers) to send text messages. Violations of the TCPA can result in statutory damages of $500 to $1,500 per message, making it a significant source of class-action litigation.7 The cornerstone of TCPA compliance is obtaining "prior express written consent" from consumers before sending them marketing text messages.The CTIA is a trade association that establishes industry standards and best practices for wireless communication. While not a law, adherence to the CTIA's Messaging Principles is enforced by mobile carriers (e.g., AT&T, Verizon). Non-compliance can lead to carriers filtering or blocking a business's messages, effectively shutting down its SMS program.83.2 The Anatomy of Compliant Opt-InTo meet the "prior express written consent" standard under the TCPA and the disclosure requirements of the CTIA, the opt-in mechanism must be clear, conspicuous, and comprehensive. A simple "Enter your phone number to subscribe" is insufficient and non-compliant.The user's request for a compliant opt-in form with a non-pre-selected checkbox is precisely aligned with legal best practices. This method ensures the user takes an affirmative, unambiguous action to provide consent. The language accompanying this checkbox, known as the call-to-action (CTA), must include several mandatory disclosures.A significant risk in SMS marketing arises from TCPA lawsuits where a user claims they never consented to receive messages. The best defense against such a claim is not just having a compliant CTA, but possessing an indisputable, time-stamped record of that consent. A dispute often becomes a "he said, she said" scenario, which is a precarious position for any business. The implementation of "audit logs"—system-generated records of every opt-in and opt-out event, complete with timestamps and the method of consent—is therefore essential.8 This log serves as the primary evidence in a legal dispute.Furthermore, when consent is gathered via a web form, there is a risk that a person could enter someone else's phone number. To mitigate this, implementing a double opt-in process is the strongest form of consent verification.8 This two-step process involves:The user submits their phone number via the web form.The system sends an initial text message to that number asking for confirmation (e.g., "Reply YES to confirm your subscription").The user replies to the text, confirming their intent to subscribe.This process creates a robust, auditable record proving that the owner of that specific phone number consented to receive messages, providing a powerful defense against potential legal challenges.The following checklist details the essential components of a compliant SMS opt-in CTA.Table 2: SMS Opt-In Disclosure Checklist| Disclosure Element | Sample Language | Compliance Check (✓) || :--- | :--- | :--- || Program Identity | "You agree to receive messages from PRSM Tech Incorporation..." | || Message Frequency | "...message frequency varies." or "...receive up to [Number] msgs/month." | || Cost Disclaimer | "Message and data rates may apply." | || Opt-Out Instructions | "Reply STOP to cancel." | || Customer Care/Help | "Reply HELP for help." | || Link to Terms & Privacy Policy | "By checking this box, you agree to our and [Link to Privacy Policy]." | || Abandoned Cart Disclosure (if applicable) | "...including cart reminders." | |
Section 4: Privacy Policy for PRSM Tech IncorporationEffective Date:Last Updated:Introduction
This Privacy Policy describes how PRSM Tech Incorporation (doing business as ""), and our subsidiaries and affiliates ("Company," "we," "us," or "our"), collect, use, store, and share your information when you use our website at, our mobile applications, or any other sites or services that link to this Privacy Policy (collectively, our "Services").By accessing or using our Services, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms of Service. This policy applies to all visitors, users, and others who access the Services ("Users").10Expert Annotation: This introduction establishes the essential groundwork: who the policy belongs to, what services it covers, and its effective date. It's critical to fill in your company's legal name, any "doing business as" (DBA) name, and your website URL. The "Last Updated" date must be revised whenever you make changes to the policy.17 The final paragraph establishes that use of the services implies agreement, a standard practice.Information We CollectWe collect personal information to provide and improve our Services. The types of personal information we collect depend on how you interact with us. We collect information in three main ways: directly from you, automatically when you use our Services, and from third-party sources.16The categories of personal information we may have collected in the preceding 12 months include:A. Identifiers: Such as your real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers.13B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): Such as your name, address, telephone number, credit card number, debit card number, or any other financial information. Some personal information included in this category may overlap with other categories.18C. Commercial Information: Such as records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.17D. Internet or Other Electronic Network Activity Information: Such as browsing history, search history, and information regarding your interaction with our website, application, or advertisements.18E. Geolocation Data: Such as physical location or movements. We may collect your precise geolocation with your consent.18F. Inferences: Drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.17G. Sensitive Personal Information: Such as your account log-in and password or other credentials allowing access to your account.20Expert Annotation: This section is structured to comply with the CCPA/CPRA's requirement to list the specific categories of information collected.13 You must review this list and remove any categories of data that your business doesnot collect. Be thorough in your internal audit to ensure this list is accurate. For example, if you do not use geolocation data, remove category E.How We Use Your Information (and Our Lawful Basis)We use the personal information we collect for a variety of business purposes. Under the GDPR, we are required to identify a "lawful basis" for each processing activity. These purposes and lawful bases are described below:To Provide, Operate, and Maintain our Services: We use your information to operate our website, process transactions, manage your account, and deliver the products and services you request.Lawful Basis (GDPR): Performance of a Contract, Legitimate Interest.16To Improve, Personalize, and Expand our Services: We analyze how you use our Services to develop new products, services, features, and functionality, and to customize your experience.Lawful Basis (GDPR): Legitimate Interest, Consent.16To Communicate with You: We use your contact information to communicate with you for customer service purposes, to provide you with updates and other information relating to the Services, and for marketing and promotional purposes.Lawful Basis (GDPR): Performance of a Contract (for service communications), Consent or Legitimate Interest (for marketing).16For Security and Fraud Prevention: We use information to find and prevent fraud, to detect security incidents, and to protect against malicious, deceptive, fraudulent, or illegal activity.Lawful Basis (GDPR): Legitimate Interest, Legal Obligation.17For Legal Compliance: We may use your information to comply with our legal obligations, enforce our legal rights, or as required by law or legal proceedings.Lawful Basis (GDPR): Legal Obligation.16Expert Annotation: This section fulfills the transparency requirement to explain why you collect data.3 The inclusion of GDPR lawful bases is necessary if you have users in the EU. "Legitimate Interest" means you have a valid business reason to process the data that is not overridden by the user's rights. "Performance of a Contract" applies when you need the data to fulfill your agreement with the user (e.g., you need their address to ship a product). "Consent" should be used for activities like non-essential cookies or marketing emails.How and Why We Share Your InformationWe do not sell your personal information for monetary consideration. However, under the CCPA/CPRA, some data sharing for advertising purposes may be considered a "sale" or "share." We may disclose your personal information to the following categories of third parties for business purposes:Service Providers: We share information with third-party vendors and service providers who perform services on our behalf, such as payment processing, web hosting, email delivery, and data analytics. These parties are contractually obligated to protect your information and are prohibited from using it for any other purpose.22Advertising Partners: We may share information with third-party advertising partners to show you ads that we think may interest you. This may be considered "sharing" under the CCPA/CPRA. You can opt-out of this sharing as described in the "Your Data Protection Rights" section.23Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, or sale of all or a portion of our assets, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.25Legal Requirements: We may disclose your information if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation, protect and defend our rights or property, or in urgent circumstances to protect the personal safety of Users of the Services or the public.25Notwithstanding any other provision, we will not share any mobile information with third parties for marketing or promotional purposes. All other categories of personal information exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.27Expert Annotation: This section is critical for transparency. You must list the types of third parties you share data with. The final, bolded paragraph is included to directly satisfy the user's explicit requirement for their SMS program. This language creates a clear, contractual prohibition on sharing mobile opt-in data for marketing, which is a key compliance point for mobile carriers and the CTIA.Cookies and Tracking TechnologiesWe use cookies, log files, web beacons, and similar technologies to collect information about your browsing activities over time and across different websites following your use of our Services.22Cookies: These are small data files stored on your hard drive or in device memory. We use cookies to improve our Services, see which areas and features of our Services are popular, and count visits. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.22Log Files: We follow a standard procedure of using log files. These files log visitors when they visit websites. The information collected includes IP addresses, browser type, Internet Service Provider (ISP), date and time stamp, and referring/exit pages. This information is used for analyzing trends, administering the site, and gathering demographic information.23Third-Party Advertising: We may use third-party advertising companies, like Google, to serve ads when you visit our website. These companies may use cookies (such as the DoubleClick DART cookie) to serve ads based on a user's prior visits to our website and other websites on the Internet. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.23Expert Annotation: This clause informs users about your use of tracking technologies, which is required by most privacy laws. It is a best practice to also implement a cookie consent banner on your website that allows users to manage their preferences for non-essential cookies, especially to comply with GDPR.Data Security and RetentionWe take the security of your data seriously and use commercially reasonable administrative, technical, and physical safeguards to protect your personal information from unauthorized access, use, or disclosure. However, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee absolute security.3We retain the personal information we collect for as long as necessary to fulfill the purposes for which it was collected, to provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.1Expert Annotation: This section reassures users that you are taking steps to protect their data while also limiting your liability by acknowledging that no system is perfectly secure.22 Your data retention policy should be based on your actual business needs and legal requirements (e.g., tax laws may require you to keep financial records for several years).International Data TransfersYour information, including personal data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.If you are located in the European Economic Area (EEA), the UK, or Switzerland, please note that we may transfer your personal information to a country that has not been deemed to provide an adequate level of data protection. In such cases, we will use legally recognized transfer mechanisms, such as the European Commission's Standard Contractual Clauses (SCCs), to ensure your data is protected.15Expert Annotation: If your business is based in the U.S. and you serve customers globally, this clause is essential. It discloses that data will be processed in the U.S. If you serve EU customers, you must have a valid data transfer mechanism in place, like SCCs, to legally transfer their data to the U.S.Your Data Protection RightsDepending on your location, you may have certain rights regarding your personal information. We are committed to facilitating the exercise of these rights.For Residents of the EEA, UK, and Switzerland (under GDPR):The right to access: You have the right to request copies of your personal data.The right to rectification: You have the right to request that we correct any information you believe is inaccurate or complete information you believe is incomplete.The right to erasure: You have the right to request that we erase your personal data, under certain conditions.The right to restrict processing: You have the right to request that we restrict the processing of your personal data, under certain conditions.The right to object to processing: You have the right to object to our processing of your personal data, under certain conditions.The right to data portability: You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.16For Residents of California (under CCPA/CPRA):The right to know: You have the right to request disclosure of the categories and specific pieces of personal information we have collected about you.The right to delete: You have the right to request the deletion of your personal information, subject to certain exceptions.The right to correct: You have the right to request the correction of inaccurate personal information.The right to opt-out of sale or sharing: You have the right to direct us not to sell or share your personal information.The right to limit the use of sensitive personal information: You have the right to limit our use and disclosure of your sensitive personal information.The right to non-discrimination: We will not discriminate against you for exercising any of your CCPA/CPRA rights.21How to Exercise Your Rights:To exercise any of these rights, please contact us using the information in the "Contact Us" section below. You may also visit our "Your California Privacy Choices" page to exercise your opt-out and limitation rights. We will need to verify your identity before processing your request and may ask for additional information to do so.13Expert Annotation: This section consolidates the rights from major privacy laws into one place. It is crucial to provide clear, actionable instructions on how users can make these requests. Linking to a dedicated rights page for California residents is a requirement of the CCPA/CPRA.17Children's PrivacyOur Services are not directed to individuals under the age of 13 (or 16 in the EEA/UK), and we do not knowingly collect personal identifiable information from children under 13.22 If we become aware that we have collected personal information from a child under 13 without verification of parental consent, we will take steps to remove that information from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us immediately.13Expert Annotation: This is a standard clause required by laws like the Children's Online Privacy Protection Act (COPPA) in the U.S. If your service is specifically targeted at children, you will need a much more detailed policy and must obtain verifiable parental consent.Changes to This Privacy PolicyWe reserve the right to modify this Privacy Policy at any time. If we make material changes to this policy, we will notify you by updating the "Last Updated" date of this Privacy Policy and posting it on our Services. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Services.22 Your continued use of our Services after the revised Policy has become effective indicates that you have read, understood, and agreed to the current version of the Policy.Expert Annotation: This clause gives you the flexibility to update your policy as laws and your business practices change. It is important to follow through on the notification methods you promise. Simply updating the date and posting the new policy is the minimum requirement; for significant changes, more active notification (like an email) is a best practice.30Contact UsIf you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us. You may contact us using the following methods:By Email:By Phone: +1 (747)-245-6744By Mail:1401 21st Street #11899, Sacramento, CA 958111Expert Annotation: Providing multiple, clear methods of contact is required by privacy laws like the GDPR and CCPA/CPRA.15 This ensures users can easily reach you to exercise their rights or ask questions.Section 5: Required Privacy Rights Pages (CCPA/CPRA)5.1 Your California Privacy Choices (Consolidated Page)The CCPA/CPRA requires businesses to provide clear and conspicuous links for consumers to exercise their rights, specifically the right to opt-out of the sale or sharing of their data and the right to limit the use of their sensitive personal information. The regulations permit a single, consolidated link titled "Your California Privacy Choices" or "Your Privacy Choices" to fulfill these requirements.29 This approach provides a more streamlined and user-friendly experience compared to cluttering a website footer with multiple, similar-sounding links.Below is the full text for this consolidated page. This page should be linked prominently in your website footer and within your Privacy Policy.Your California Privacy ChoicesLast Updated:This page provides information for California residents about their rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). For a full description of our data practices, please review our [Link to Privacy Policy].Your Right to Opt-Out of the Sale or Sharing of Personal InformationUnder the CCPA/CPRA, you have the right to direct a business that sells or shares your personal information to stop doing so. "Sharing" in this context refers to disclosing your personal information to a third party for cross-context behavioral advertising (i.e., targeting advertising to you based on your activity across other companies' websites and apps).19We may use cookies and other tracking technologies that share your information with our advertising and analytics partners. You can opt-out of this sharing by using the form below.Your Right to Limit the Use and Disclosure of Sensitive Personal InformationYou also have the right to direct us to limit our use and disclosure of your sensitive personal information to that which is necessary to perform the services or provide the goods reasonably expected by an average consumer.24The categories of sensitive personal information we may collect include your account log-in credentials (username and password) and, with your consent, your precise geolocation.20 We use this information to provide and secure your account and to offer location-based services.How to Exercise Your RightsTo exercise your right to opt-out of the sale/sharing of your personal information or your right to limit the use of your sensitive personal information, please complete and submit the form below. You do not need to create an account to submit a request.18We will process your request and will not ask you to opt back in for at least 12 months.32Privacy Rights Request FormPlease provide the following information so we can process your request. The information you provide will only be used to identify you for the purpose of fulfilling your request.Name: ______________________________Email Address: ________________________Please select the right(s) you wish to exercise:[ ] Do Not Sell or Share My Personal Information: Please opt me out of the sale or sharing of my personal information for cross-context behavioral advertising.[ ] Limit the Use of My Sensitive Personal Information: Please limit the use and disclosure of my sensitive personal information to the purposes permitted by law.Expert Annotation: This consolidated page is a practical and compliant way to meet CCPA/CPRA requirements. The form is designed to be simple and require minimal steps, as mandated by the regulations.24 The introductory text clearly explains each right in plain language. You must ensure that you have an internal process to receive and act upon the requests submitted through this form.
Section 6: Terms of Service for PRSM Tech Incorporation Last Updated: 2025
Please read these Terms of Service ("Terms," "Terms of Service") carefully before using the website and any related services (the "Service") operated by PRSM Tech Incorporation ("us," "we," or "our").Agreement to TermsBy accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and us.4 Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy. Please read our [Link to Privacy Policy] carefully before using our Service.Expert Annotation: This is the core acceptance clause. It establishes the document as a binding contract. It is crucial to also link to your Privacy Policy here, as the two documents work in tandem.10Intellectual Property RightsUnless otherwise indicated, the Service and all its original content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, or transmit our content in any way except for noncommercial, personal uses.6Expert Annotation: This clause protects your valuable business assets—your content, brand name, and logo. It clearly states your ownership and sets the rules for how others can (and cannot) use your materials.6User Representations and AccountsBy using the Service, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Service; and (5) your use of the Service will not violate any applicable law or regulation.10If you create an account on our Service, you are responsible for safeguarding the password that you use and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.10 We reserve the right to suspend or terminate your account if you violate these Terms of Service.33Expert Annotation: This section sets basic expectations for user behavior and responsibility. It requires users to provide truthful information and makes them responsible for the security of their own accounts, which helps limit your liability in case of a user-side security breach.Prohibited ActivitiesYou may not access or use the Service for any purpose other than that for which we make the Service available. As a user of the Service, you agree not to:Use the Service in any way that violates any applicable federal, state, local, or international law or regulation.Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service.Use the Service to harass, abuse, or harm another person.Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Service.Attempt to impersonate another user or person.Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.Steal or misappropriate our content or violate our intellectual property rights.4Expert Annotation: This clause is your rulebook. It gives you the explicit right to take action (like terminating an account) against users who misuse your platform. Be as specific as possible about the types of behavior you want to prohibit.User-Generated ContentIf the Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"), you are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.10By posting Content to the Service, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute your Content in any and all media. You retain any and all of your rights to any Content you submit. You represent and warrant that you own the Content or have the right to use it and grant us the rights and license as provided in these Terms.10Expert Annotation: This clause is only necessary if your website allows users to post their own content (e.g., reviews, forum posts, comments). It clarifies that users are responsible for what they post and grants you the necessary legal license to display that content on your platform.SMS/Text Messaging Program TermsWe offer a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions.Program Description and Opt-In: By affirmatively opting into the Program, such as through online or application-based enrollment forms, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., cart reminders) from PRSM Tech Incorporation at the mobile number you provided when signing up. Consent to receive automated marketing text messages is not a condition of any purchase.7Opt-Out Procedure: You can cancel the SMS service at any time. To opt-out, text "STOP" to. After you send the "STOP" message, we may send you one final message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you wish to join again, sign up as you did the first time or text "START" to and we will start sending messages to you again.7Help and Support: For assistance with the messaging program, text "HELP" to or contact our customer support by emailing [Customer Care Email] or calling [Customer Care Phone Number].7Message Frequency: Message frequency will vary depending on your activity and engagement with our Service.7Cost and Carrier Disclaimer: Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Carriers are not liable for delayed or undelivered messages.7Privacy: Our handling of your mobile information is governed by our [Link to Privacy Policy], which is expressly incorporated herein. Please review the Privacy Policy to learn more about our data practices, including our commitment not to share your mobile information for third-party marketing.7Expert Annotation: This is the comprehensive SMS clause drafted to be fully compliant with TCPA and CTIA guidelines based on your request. It includes all mandatory disclosures: program description, clear opt-in and opt-out instructions (with keywords bolded for emphasis as a best practice), help information, frequency disclosure, the "message and data rates may apply" disclaimer, and a carrier liability waiver. Crucially, it incorporates the Privacy Policy by reference, ensuring users are aware of how their mobile data will be handled.Third-Party Websites and ContentThe Service may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using them.33Expert Annotation: This is a standard disclaimer that limits your liability for the content or actions of external sites you link to.Term and TerminationThese Terms of Service shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION.4Expert Annotation: This clause gives you the ultimate control over your platform, allowing you to terminate a user's access if they violate the rules.Modifications and InterruptionsWe reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.5 We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.9Expert Annotation: This clause provides operational flexibility, allowing you to update your service and disclaiming liability for unavoidable downtime or technical issues.Governing Law and Dispute ResolutionThese Terms and your use of the Service are governed by and construed in accordance with the laws of the State of, without regard to its conflict of law principles. Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in [Your County],, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.4Expert Annotation: This "governing law" clause is critical. It determines which state's laws will be used to interpret the agreement and where any potential lawsuit would take place. You should specify the state where your business is primarily located. Many businesses also include a mandatory arbitration clause here to avoid costly court litigation, which is a strategic decision to discuss with legal counsel.Disclaimers and Limitation of LiabilityTHE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.5IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.6Expert Annotation: These are two of the most important liability-limiting clauses. The disclaimer states you are providing the service without any guarantees. The limitation of liability seeks to cap your financial exposure for any damages that might arise from a user's interaction with your site.IndemnificationYou agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Service; (2) your breach of these Terms of Service; or (3) your violation of the rights of a third party, including but not limited to intellectual property rights.33Expert Annotation: This clause requires a user to cover your legal costs if their actions on your site result in a lawsuit against your company. For example, if a user uploads copyrighted material they don't own and the copyright holder sues you, this clause would obligate the user to pay for your legal defense.MiscellaneousThese Terms of Service and any policies or operating rules posted by us on the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.33Expert Annotation: This section contains standard legal "boilerplate" that is important for the proper functioning of a contract. The severability clause, for example, ensures that if one part of the agreement is found to be invalid by a court, the rest of the agreement can still be enforced.Contact UsTo resolve a complaint regarding the Service or to receive further information regarding the use of the Service, please contact us at:PRSM Tech Incorporation[Your Company's Physical Mailing Address]+1 (747)-245-674433Expert Annotation: Provide clear and current contact information so users can reach you with questions about these Terms.Works citedSample Privacy Policy Template - PrivacyPolicies.com, accessed June 14, 2025, https://www.privacypolicies.com/blog/privacy-policy-template/Privacy Policy Template and Examples: Free Website Sample - Termly, accessed June 14, 2025, https://termly.io/resources/templates/privacy-policy-template/Free Privacy Policy Template & Examples [PDF+DOC] - WebsitePolicies, accessed June 14, 2025, https://www.websitepolicies.com/blog/sample-privacy-policy-templateSample Terms of Service Template [Download] - TermsFeed, accessed June 14, 2025, https://www.termsfeed.com/blog/sample-terms-of-service-template/Sample Terms of Service Template - Privacy Policies, accessed June 14, 2025, https://www.privacypolicies.com/blog/sample-terms-service-template/Sample Terms of Service Template - Termly, accessed June 14, 2025, https://termly.io/resources/templates/terms-of-service-template/The Perfect SMS Terms & Conditions Template (+6 Real Examples) - Hatch, accessed June 14, 2025, https://www.usehatchapp.com/blog/terms-and-conditions-examplesSample terms of service for SMS marketing - DailyStory, accessed June 14, 2025, https://www.dailystory.com/blog/sms-marketing-sample-terms-of-service/Free Terms and Conditions Template with Examples - Termly, accessed June 14, 2025, https://termly.io/resources/templates/terms-and-conditions-template/Sample Terms of Service Template - TermsFeed, accessed June 14, 2025, https://www.termsfeed.com/public/uploads/2021/12/sample-terms-of-service-template.pdfSMS Terms of Service Template - TxtCart Help Center, accessed June 14, 2025, https://www.help.txtcartapp.com/en/articles/8001573-sms-terms-of-service-templateSample Privacy Policy Template - Cookie Policy Generator, accessed June 14, 2025, https://www.cookiepolicygenerator.com/sample-privacy-policy-template/CCPA Privacy Policy: What is it + Sample Template - Sprinto, accessed June 14, 2025, https://sprinto.com/blog/ccpa-privacy-policy/SMS terms and conditions sample and templates - SimpleTexting, accessed June 14, 2025, https://simpletexting.com/sms-compliance/terms-and-conditions-template/Privacy Policy Template: Best Practices and Examples - CookieYes, accessed June 14, 2025, https://www.cookieyes.com/blog/privacy-policy-template/Writing a GDPR-compliant privacy notice (template included ..., accessed June 14, 2025, https://gdpr.eu/privacy-notice/CCPA (CPRA) Privacy Policy Template - TermsFeed, accessed June 14, 2025, https://www.termsfeed.com/blog/sample-ccpa-privacy-policy-template/Sample CCPA (CPRA) Privacy Policy Template, accessed June 14, 2025, https://www.freeprivacypolicy.com/blog/ccpa-privacy-policy-template/Compliant "Do Not Sell or Share My Personal Information" Page, accessed June 14, 2025, https://termly.io/resources/articles/do-not-sell-my-personal-information/Navigating the CPRA's “Do Not Sell or Share” requirement | Blog - OneTrust, accessed June 14, 2025, https://www.onetrust.com/blog/navigating-the-cpras-do-not-sell-or-share-requirement/CCPA (CPRA) Privacy Policy Template - PrivacyPolicies.com, accessed June 14, 2025, https://www.privacypolicies.com/blog/ccpa-privacy-policy-template/Privacy Policy Template Generator – Easily Create Your Own Privacy Policy, accessed June 14, 2025, https://www.privacypolicytemplate.net/100% Free Privacy Policy Generator – Easily Create Privacy Policy, accessed June 14, 2025, https://www.privacypolicygenerator.info/Example “Limit The Use Of My Sensitive Personal Information” page ..., accessed June 14, 2025, https://termageddon.com/example-limit-the-use-of-my-sensitive-personal-information-page/Website Privacy Policy Template (US) | LawDepot, accessed June 14, 2025, https://www.lawdepot.com/contracts/website-privacy-policy/?loc=USClauses for a Privacy Policy - TermsFeed, accessed June 14, 2025, https://www.termsfeed.com/blog/privacy-policy-clauses/SMS mobile terms of service and privacy policy examples, accessed June 14, 2025, https://help.mypurecloud.com/articles/sms-short-code-terms-of-service-example/California Consumer Privacy Act (CCPA) | State of California - Department of Justice - Office of the Attorney General, accessed June 14, 2025, https://oag.ca.gov/privacy/ccpaFrequently Asked Questions (FAQs) - California Privacy Protection Agency (CPPA) - CA.gov, accessed June 14, 2025, https://cppa.ca.gov/faq.htmlChanges to this Privacy Policy Sample Clauses | Law Insider, accessed June 14, 2025, https://www.lawinsider.com/clause/changes-to-this-privacy-policyOpenMetal, Inc. 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