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Privacy Policy

Last modified October 31, 2017.


Thank you for using one or more software applications (“app” or “apps”) by Marketing Matters, LLC, offered by FirstFitness Pro ("MM", “we” or “us”).

This Privacy Policy outlines our practices with respect to collecting, using and disclosing information about our users ("you" or "user") when they use MM's website or any of MM's applications (each, an “App”), including: MM Contacts, Text 2 Group, Mail 2 Group, Contacts 2 XLS, MM Groups (collectively, the “Services").

The Privacy Policy is a part of our Terms of Use and is incorporated therein by references.

We encourage you to read the Privacy Policy carefully and use it to make informed decisions. By using the Services, you agree to the terms of this Privacy Policy and your continued use of the Services constitutes your ongoing agreement to this Privacy Policy.

In this Privacy Policy you will read about:

  • What do we do?
  • What type of information we collect
  • How we collect your information
  • Google Analytics
  • Simpler Database
  • How we use the information we collect
  • With whom we share the information, and for what purpose
  • For how long we retain the information we collect
  • How do we safeguard your information
  • Advertisements
  • Opt-out options
  • How to contact us

What do we do?

MM offers you different contact management solutions such as: group texting, group sharing & smart dialer, and sync of your contacts with your social network picture and additional solutions, features and enhancements as may be made available by MM from time to time.


The type of information we collect

We collect two types of information from our users.

The first type of information is un-identified and non-identifiable information pertaining to a user(s), which may be made available or gathered via your use of the Services (“Non-personal Information”). We are not aware of the identity of the user from which the Non-personal Information was collected.

  • Technical information: In order to enhance the functionality of the Services and to provide you with a better user experience, we collect technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time and the domain name from which you linked to the Services; etc.).
  • Analytics information: We collect information about your use of the Services, such as applications' usage, log files, user activity (e.g. pages viewed, the amount of time spent on particular pages, online browsing, clicks, actions, installs, etc.), time stamps, alerts, etc. This information is collected for amongst other things troubleshooting errors and bugs as well as for research and analytics purposes about your use of the Services.
  • Anonymous information: We may anonymize or de-identify the information collected by the Services or via other means so that the information cannot, on its own, personally identify you. Our use and disclosure of such aggregated or de-identified information is not subject to any restrictions under this Privacy Policy, and we may disclose it to others without limitation and for any purpose.

The second type of information is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual (“Personal Information”). Such information may include:

  • Account Information: When you sign-up and register to the Services, you will be asked to provide us certain details about yourself. You may register for our Services through our Apps.
  • Registering through the App: When you register for our Services through the App we may collect from you the following information: full name and e-mail address; your full contact list (i.e. address book) which is stored on your device ("Contacts"); your phone number and call logs; details you save under your contact application next to your own details; as well as any other information you made publicly available on such account or agreed to share with us.
  • Contact Information: You are requested to provide access and information about your Contacts in order to be able to use our Services and manage your Contacts. When you provide us with access to your Contacts, you acknowledge and agree that we may use such information as part of the Services, as described in this Privacy Policy and you confirm that you have the rights and permissions to provide such access to your Contacts. Similarly, when you provide us with permissions and access to your social network account, we may access and use your friends list for the purpose of the Services (both the Contacts and the social network’s friend list will be defined hereunder as "Contact Information"). Please note that at any time, you or any of your Contacts can choose to opt-out from having their Contact Information enhanced, managed or shared by us, by following the instructions below (under "Opt-out options").

By using our Services, you acknowledge that you have the rights and permissions to provide us Contact Information and to collect, use and share it for the purposes stipulated in this Privacy Policy.

  • Voluntary information: We collect information which you provide us voluntarily. For example, when you respond to communications from us, performing a purchase through our App, communicate with us via email or the website or share additional information about yourself or about others through your use of the Services (e.g. when sharing massages to a group of Contacts; contact, sync of your contact with your social network picture; etc.).
  • Device Information: We may also collect Personal Information from your device. Such information includes geolocation data, IP address and other information which relates to your activity through the Services.

How we collect information

There are four main methods we may use to collect information about you:

  • We collect information through your use of the Services. In other words, when you are using our Services, we are aware of it and may gather the information relating to such usage (e.g. your call logs and Contacts).
  • We collect information which you provide us voluntarily. For example, we collect Personal Information which you provide when you register an account, perform an in-app purchase, interact with our customer support, share information within a group of Contacts; etc.)

Google Analytics

We may use third party services for performance tracking and measurement such as Google Analytics, Flurry Analytics, Fabric or other third party services that may use some of the Non-Personal Information for analyzing and statistic purposes.

Google Analytics collects information such as how often users access the Service, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Service. Google Analytics collects the IP address assigned to you on the date you visit sites, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits by disabling cookies on your browser.


MM Database

The Contact Information we collect from you when you use our Services (e.g. name, phone number, email address, Contacts, etc.) is stored in our central database (the “MM Database”). MM Database may also contain data from publicly available sources and from our trusted business partners. Our algorithms process the data contained in the MM Database in order to identify the most up-to-date information for each contact.

We may also disclose to our affiliates and business partners (or permit their access to) Contact Information obtained in MM Database for the purposes of ensuring that their current contact information is up to date. We will not disclose Contact Information to business partners for the purpose of enriching their data with new Contacts, but merely provide them Contact Information which will help them to check if their existing contact information is up to data and provide them with our current Contact Information. MM strives, but is not obligated, to keep any information it collects, whether directly from you or from other public sources, complete and accurate.

By using our Services, you acknowledge and agree that we will share Contact Information with our affiliates and business partners for the purposes detailed in this Privacy Policy. You further acknowledge that you have the rights and permissions to share such Contact Information.

If you prefer that we will not disclose your Contact Information with our affiliates and business partners, you may opt-out by following the instructions below (under “Opt-out options”). In this case, we shall not continue to disclose your Contact Information.


How may we use the information we collect?

We use and share Personal Information in the manner described in this Privacy Policy. In addition to the purposes listed above, the information we collect, which may include your Personal Information, is used for the following purposes:

  • To offer you better management solutions for your Contacts, such as: group texting, group sharing, etc;
  • To enrich MM Database with current and up to date Contact Information;
  • To manage your account and provide you with customer support;
  • To serve you advertisements when you use our Services;
  • To identify and authenticate your access to the Services;
  • To detect and prevent fraudulent and illegal activity or any other type of activity that may jeopardize or negatively affect the integrity of the Services;
  • To communicate with you and to keep you informed of our latest updates, upgrades and products;
  • To perform a research or to conduct analytics in order to improve and customize our Services to your needs and interests;
  • To support and troubleshoot our Services and to respond to your queries; and
  • To investigate violations and enforce our policies, and as required by law, regulation or other governmental authority, or to comply with a subpoena or similar legal process or respond to a government request.

With whom we share the information we collect

We do not rent, sell, or share your Personal Information with third parties except as described in this Privacy Policy.

  • Affiliates and business partners. We may disclose to our affiliates and business partners (or permit their access to) Contact Information obtained in MM Database (as explained above, under “MM Database”) for the purposes of ensuring that their existing contact information is current and up to date.
  • Recipients. We may also share Personal Information with the following recipients: (i) our subsidiaries; (ii) subcontractors and other third party service providers (e.g. payment processors, advertisers, etc.); (iii) auditors or advisers of our business processes; and (iv) any potential purchasers or investors in MM.

In addition to the purposes listed in this Privacy Policy, we may share Personal Information with our recipients for any of the following purposes: (i) storing or processing Personal Information on our behalf (e.g. cloud computing service providers); (ii) processing such information to assist us with our business operations (e.g. to process payments from our users when they make purchases through the App); (iii) performing research, technical diagnostics or analytics; and (iv) present you with relevant advertisements when you use our Services.

  • We may also disclose Personal Information, or any information you submitted via the Services if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies, including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies or in case we find it necessary in order to enforce intellectual property or other legal rights.

Third party collection of information

Our policy only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties via our Services (e.g. by clicking on a link to any other website or location) or via other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them.

You acknowledge that we are not responsible for the products, services, or descriptions of products or services that you receive from third party sites or to the content or privacy practices of those sites, and that this Privacy Policy does not apply to any such third party products and services. You are knowingly and voluntarily assuming all risks of using third party sites to purchase products and services. You agree that we shall have no liability whatsoever with respect to such third party sites and your usage of them.


For how long we retain the information we collect?

We value your privacy and control over your Personal Information, and therefore you may, at any time, request to change and update it by emailing us at Services@MarketingMattersServices.com.

At any time, you may stop using our Services and request for a full removal of your data, by emailing us at Services@MarketingMattersServices.com.

Please note that unless you instruct us otherwise we retain the information we collect for as long as needed to provide the Services and to comply with our legal obligations, resolve disputes and enforce our agreements.

We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.


How do we safeguard and transfer your information?

We take great care in implementing and maintaining the security of the Services and your information. We employ industry standard procedures and policies to ensure the safety of your information, and prevent unauthorized use of any such information. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Services, and we make no warranty, express, implied or otherwise, that we will prevent such access.

If you feel that your privacy was treated not in accordance with our policy, or if any person attempted to abuse our Services or acted in an inappropriate manner, please contact us promptly for quick resolution.


Advertising ID and Advertising Identifier

The Google Advertising ID is an anonymous identifier, provided by Google Play services. If your device has an Advertising ID, we will collect and use it for advertising and user analytic purposes. We may also use Apples' Advertising Identifier (IDFA), which is a non-permanent device identifier provided by Apple, and any information obtained through the use of the Advertising Identifier, for the purpose of advertising.

By downloading or using our Services you explicitly agree that we may associate your Advertising ID and your Advertising Identifier with your applicable persistent device identifier. This will facilitate our ability to improve your personalized experience. Further, we may use other persistent identifiers for non-advertising purposes. If your device does not have Advertising ID or Advertising Identifier respectively, we will use other identifiers.


Opt-out options

At any time, you and other Contacts may choose to opt-out from presenting contact information to other users (Caller ID), by sending such opt-out request Services@MarketingMattersServices.com, with sufficient information about the contact you refer to and the data usage from which you wish to opt-out.

At any time, you may decide to opt-out from enabling us to disclose or allow access to you Contact Information stored on MM Database with our business partners, by sending such request to Services@MarketingMattersServices.com.

At any time, you may stop using our Services and request for a full removal of your data (via an e-mail to Services@MarketingMattersServices.com). This email should include the subject line "Request to delete my data" and an explicit request from you that you want to close your account and delete all of your data.  However, Marketing Matter may retain such information as necessary for its business record keeping, accounting and safety.


Changes to Privacy Policy or Services

The terms of this Privacy Policy are subject to changes at any time, effective upon the posting of an updated version of them or as otherwise stated ("Modified Terms"). Once we change our policy, you will be notified, either by posting the Modified Terms within the Services, or through other communications.

The last revision will be reflected in the "Last modified by" heading above. In the event of a material change to the Privacy Policy, you may be notified within the App. We encourage you to review this Privacy Policy regularly for any changes.

You are requested to regularly review the Modified Terms. You hereby declare that your continued use following any changes made to the Services or the Privacy Policy shall constitute your consent to the Modified Terms.


Cancellation Policy

When you use an app downloaded from Apple App Store, you agree to comply with the Apple’s Terms of Services and their policy, and policies of Marketing Matters as the app developer.

When you use an app downloaded from Google Play, you agree to comply with the Terms of Services from Google Play, Google Wallet, and the app developer.

  • Apple iTunes Store Terms and Conditions
  • Google Play Terms of Services
  • Google Wallet Terms of Services

Marketing Matters has a no-refund policy with respect to its Services and any use or purchase of its Apps.