Privacy Policy

Memorable Holdings Group LLC – Marketing – Series 2 ("Memorable," "we," "us," or "our") provides a text and email marketing platform for small businesses and the agencies that serve them. This Privacy Policy describes how we process personal information that we collect through our digital properties that link to this Privacy Policy (including memorable.one, its subdomains, the Memorable web application, and our white-label partner sites), our marketing activities, and the other activities described below (collectively, the "Service").

1.Personal information we collect

Information you provide to us

• Contact data, such as your first and last name, email address, phone number, business name, billing address, and job title.
• Account data, such as your login credentials, account settings, team members you add, and, for white-label partners, your brand name, logo, colors, and subdomain.
• Communications data from your exchanges with us, including support requests, feedback, and conversations with the assistant on our website (see "Chat and AI technologies" in Section 2).
• Transactional data, such as the plans, credits, and services you buy, invoices, and payment history. Payment card details are collected directly by our payment processor (see Section 6).
• Marketing data, such as your preferences for receiving our marketing communications, the resources you download, calculator inputs you submit, and details about your engagement with our messages.
• Verification data, such as one-time codes we send to your email or phone to confirm a request on our website.
• Customer Data you upload or generate in the Service about your own customers, such as names, phone numbers, email addresses, tags, consent records, and message history. Section 3 describes how we treat it.
• Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Third-party sources

We may combine personal information we receive from you with personal information we obtain from other sources, such as:

• Our customers, when a business that uses Memorable adds you as a contact (see Section 3).
• White-label partners, who create and manage client accounts on their branded version of the Service.
• Data providers, such as business contact databases, which we use to reach businesses that may be interested in Memorable.
• Third-party services you connect to your account, such as your CRM (for example HubSpot or GoHighLevel), payment account, or automation tools, which share information with us based on the permissions you grant.
• Public sources, such as business websites and social media pages.
• Service providers that help us operate the Service or our business.
• Business transaction partners, in connection with an actual or prospective business transaction such as a merger, acquisition, financing, or sale of assets.

Automatic data collection

We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with the Service and our communications, such as:

• Device data, such as your device's operating system type and version, browser type, screen resolution, IP address, language settings, and general location such as city and state.
• Online activity data, such as pages you viewed, how long you spent on a page, the website you visited before the Service, navigation paths, and access times.
• Communication interaction data, such as whether you open our emails or click links in our emails or texts. We may do this through pixel tags in our emails and through the link-tracking addresses in our messages.

2.Cookies and tracking

Cookies. The Service uses cookies and similar technologies. Today these are limited to: cookies that keep you signed in and protect forms from forgery; cookies that remember preferences such as a dismissed notice or an unlocked calculator result; and the settings of embedded tools you choose to use. We do not currently use third-party advertising cookies or cross-site tracking pixels on the Site. If we add analytics or advertising technologies we will update this section and, where required, ask for your consent.

Fonts and libraries. Some pages load fonts and scripts from content delivery networks (Google Fonts and Cloudflare's cdnjs). Those providers receive your IP address when your browser requests the file.

Chat and AI technologies. The assistant on our website is powered by Anthropic's Claude models. What you type in the chat, along with the page you are on, is sent to Anthropic to generate a reply, and we keep a record of the conversation to improve our answers and follow up with you. Under Anthropic's commercial terms, your conversations are not used to train its models. Please do not enter passwords, payment details, or sensitive personal information in the chat.

Link tracking. Links in messages sent through Memorable, including our own, pass through a short memorable.one address so the sender can see that a link was clicked. Clicking records the time, the device type, and the contact the link was sent to.

Your choices. Most browsers let you block or delete cookies; blocking the sign-in cookie will prevent you from using your account. See Section 8 for more on your choices.

3.Information about our customers' customers

Businesses and agencies use Memorable to text and email their own customers. When a business uploads your phone number or email address, records your consent, or messages you through the Service, that business is the one responsible for your information, and we process it only on the business's documented instructions, as its service provider, under our Data Processing Addendum. We do not use Customer Data for our own marketing, we do not sell it, and we do not combine it with information from other businesses.

To stop messages from a business, reply STOP to any text, use the unsubscribe link in any email, or contact the business directly. The Service honors opt-outs automatically. To exercise privacy rights over information a business holds about you, contact that business; if you contact us, we will pass your request to the business and help it respond.

4.How we use personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Service delivery and operations

• provide the Service, including sending the texts and emails you ask us to send;
• establish and maintain your account and your team's access;
• enable security features of the Service, such as sign-in verification;
• communicate with you about the Service, including service announcements, updates, security alerts, billing notices, and support and administrative messages; and
• provide support and respond to your requests, questions, and feedback.

Service improvement and analytics

We may use your personal information to analyze usage of the Service, understand which pages and features are used, improve the Service and the rest of our business, and develop new products and services.

Marketing

We may send you direct marketing communications about Memorable, by email or by text where you have agreed to receive texts, and may personalize these messages based on your needs and interests. You may opt out at any time as described in Section 8. We do not use the Service to send interest-based advertising, and we do not share your information with advertising networks.

Compliance and protection

• comply with applicable laws, carrier rules, lawful requests, and legal process, such as responding to subpoenas, investigations, or requests from government authorities or carriers;
• keep records of consent and opt-outs for messages sent through the Service;
• protect our, your, or others' rights, privacy, safety, or property, including by making and defending legal claims;
• audit our internal processes for compliance with legal and contractual requirements;
• enforce the terms that govern the Service; and
• prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including spam, cyberattacks, and identity theft.

Aggregated, de-identified, and anonymized data

We may create aggregated, de-identified, or anonymized data from personal information by removing information that makes the data identifiable, and we will not attempt to re-identify it. We may use and share this data for our lawful business purposes, including analyzing and improving the Service and promoting our business. We do not use personal information or Customer Data to train artificial intelligence models.

5.Text messaging consent and opt-in data

Mobile opt-in information and phone numbers collected for SMS consent will not be shared with or sold to third parties or affiliates for their marketing or promotional purposes. Text message originator opt-in data and consent are never shared with any third parties, except for service providers strictly necessary to deliver the messages you requested. Message frequency varies; message and data rates may apply; reply STOP to opt out and HELP for help. Our SMS Terms have the full program terms.

6.How we share personal information

We may share your personal information with the following parties, or as otherwise described in this Privacy Policy, in other notices, or at the time of collection:

• Service providers. Companies that provide services on our behalf or help us operate the Service or our business, including Render (hosting and databases), Amazon Web Services (email delivery and infrastructure), Telnyx (text message delivery), Resend (email delivery), Anthropic (the website assistant), and Google (our business email and documents). Each is bound by contract to use information only to provide its service to us.
• Payment processor. Payment card information you use to make a purchase is collected and processed directly by Stripe, which may use your payment data in accordance with its privacy policy at https://stripe.com/privacy. White-label partners' clients pay the partner through the partner's own Stripe account.
• Third parties designated by you. When you connect a CRM, automation tool, webhook endpoint, or other integration, or ask us to send data somewhere, we share the information you direct us to share. The third party's use of that information is governed by its own privacy policy and your settings with it.
• White-label partners. If your account was created under a partner's brand, that partner can see and manage your account, contacts, usage, and billing as the provider of your service.
• Carriers and registration bodies. To deliver text messages and register messaging campaigns, we share business identity and campaign information with telecommunications carriers, messaging aggregators, and industry registries as their rules require.
• Professional advisors. Lawyers, auditors, bankers, and insurers, in the course of the professional services they render to us.
• Authorities and others. Law enforcement, government authorities, carriers, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.
• Business transferees. Prospective counterparties and their advisers in the context of an actual or prospective business transaction, such as an investment in or financing of Memorable, or the sale, transfer, or merger of all or part of our business, assets, or ownership interests, and an acquirer, successor, or assignee as part of any such transaction, or in an insolvency, bankruptcy, or receivership.

We do not sell personal information, and we do not share it for cross-context behavioral advertising.

7.Retention

We generally retain personal information to fulfill the purposes for which we collected it, including to satisfy legal, accounting, or reporting requirements, to establish or defend legal claims, and for fraud prevention. To decide how long to keep information we consider its amount, nature, and sensitivity, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process it, whether we can achieve those purposes through other means, and applicable legal requirements. Consent and opt-out records for messages sent through the Service are kept for as long as needed to demonstrate compliance with messaging laws, which is typically at least four years. Customer Data is kept for the life of the customer's account and deleted afterward as our Data Processing Addendum describes. When we no longer need personal information, we delete it, anonymize it, or isolate it from further processing.

8.Your choices

This section describes the choices available to all users. Residents of certain U.S. states can find additional information about their rights in Section 14.

• Access or update your information. If you have an account, you can review and update your account information by signing in.
• Opt out of marketing emails. Use the unsubscribe link at the bottom of any marketing email or contact us. You may continue to receive service-related and other non-marketing emails.
• Opt out of texts. Reply STOP to any text from us or from a business that uses Memorable.
• Cookies. See Section 2.
• Blocking images and pixels. Most email clients let you block images, which also blocks the pixel tags that tell us an email was opened.
• Do Not Track. Some browsers can send "Do Not Track" signals. We currently do not respond to "Do Not Track" signals. We do honor the Global Privacy Control signal as described in Section 14.
• Declining to provide information. We need certain personal information to provide the Service. If you do not provide information we identify as required, we may not be able to provide the Service.
• Linked third-party platforms. You can disconnect an integration at any time from your account settings; that will not affect information already received.
• Close your account. You can close your account from your settings or by contacting us. We will delete or anonymize your information as described in Section 7.

9.Other sites and services

The Service may contain links to websites, applications, and online services operated by third parties, and our content may be integrated into web pages or services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control third-party websites or services and are not responsible for their actions. We encourage you to read the privacy policies of the other websites and services you use.

10.Security

We employ technical, organizational, and physical safeguards designed to protect the personal information we collect, including encryption of data in transit, encrypted storage with our hosting provider, hashed passwords, role-based access controls, and logging. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.

11.International data transfer

We are headquartered in the United States and use service providers that operate in the United States. If you access the Service from outside the United States, your personal information will be transferred to the United States, where privacy laws may not be as protective as those in your state, province, or country.

12.Children

The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child's parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

13.Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes, we will notify you by updating the date of this Privacy Policy and posting it on the Service, and, where the change affects how we use information already collected, by email to the address on your account. Modifications are effective upon posting unless otherwise indicated. Your use of the Service after the effective date of a modified Privacy Policy means you acknowledge that the modified Privacy Policy applies to your interactions with the Service and our business.

14.State privacy rights notice

This section applies to residents of U.S. states whose privacy laws apply to us and grant their residents the rights described below (collectively, the "State Privacy Laws"), including California, Colorado, Connecticut, Virginia, Texas, Oregon, Montana, and Utah. Not all rights listed below may be afforded to all users, and we may not be able to process your request if you do not provide enough detail to confirm your identity or understand and respond to it. Where we act as a service provider to a business that uses Memorable (Section 3), direct your request to that business.

For purposes of this section, "Personal Information" has the meaning given to "personal data," "personal information," or similar terms, and "Sensitive Personal Information" has the meaning given to "sensitive personal information," "sensitive data," or similar terms, in the State Privacy Laws, excluding information exempt from those laws.

Your privacy rights

The State Privacy Laws may provide residents with some or all of the rights listed below. These rights are not absolute, and we may decline a request in certain cases as permitted by law.

• Information. You can request information about how we have collected and used your Personal Information, including the categories collected, the categories of sources, the business or commercial purpose for collecting it, and the categories of third parties with which we share it.
• Access. You can request a copy of the Personal Information we have collected about you.
• Correction. You can ask us to correct inaccurate Personal Information.
• Deletion. You can ask us to delete the Personal Information we have collected from you.
• Appeal. You can appeal our denial of any request validly submitted.
• Opt-out of targeted advertising, sales, and profiling. We do not sell your Personal Information, do not process it for targeted advertising, and do not use it for profiling or automated decisions that produce legal or similarly significant effects. If that changes, we will update this notice and provide an opt-out.
• Sensitive Personal Information. We do not intentionally collect or process Sensitive Personal Information. Please do not send it to us.
• Consumers under 16. We do not have actual knowledge that we collect, sell, or share the Personal Information of consumers under 16 years of age.
• Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the State Privacy Laws.

How to exercise your rights

Submit requests by email to support@memorable.one with the subject line "Privacy request," or by mail to the address in Section 15. We honor the Global Privacy Control ("GPC") browser signal as a valid request to opt out of any sale or sharing of Personal Information, as required by applicable law; because we do not sell or share Personal Information, the signal does not change how we process your data today.

Verification of identity; authorized agents. To verify your identity we will ask you to confirm the request from the email address on your account or from the email or phone number we have on file, and may ask for additional information where permitted by law. Under some State Privacy Laws you may enable an authorized agent to make a request on your behalf; we may need to verify the agent's identity and authority, and may require a copy of a valid power of attorney or your written, signed permission.

Information practices

The following describes our practices currently and during the past 12 months. We collect the categories of Personal Information listed below from the sources, and use them for the purposes, described in this Privacy Policy. We do not attempt to re-identify de-identified information except to test that our de-identification processes comply with applicable law.

Additional information for California residents

Shine the Light law. Under California Civil Code Section 1798.83, California residents may ask companies with whom they have formed a business relationship primarily for personal, family, or household purposes to provide the names of third parties to which they have disclosed certain personal information during the preceding calendar year for the third parties' own direct marketing purposes. We do not disclose personal information to third parties for their own direct marketing purposes. You may send requests for this information to support@memorable.one with the statement "Shine the Light Request," your first and last name, your mailing address, and a certification that you are a California resident.

Additional information for Nevada residents

Nevada residents have the right to opt out of the sale of certain personal information for monetary consideration. We do not engage in such sales. If you are a Nevada resident and would like to record a request to opt out of any potential future sales, email support@memorable.one.

Additional information for Texas residents

We do not sell your sensitive personal data as defined by the Texas Data Privacy and Security Act.

15.How to contact us

If you have questions about our practices or would like to exercise any privacy right available to you, contact us:

• Email: support@memorable.one
• Mail: Memorable Holdings Group LLC – Marketing – Series 2, 30 N Gould St Ste N, Sheridan, WY 82801