Privacy policy

1. Who we are

[Full legal name of the U.S. entity], located at [Texas street address], and [full legal name of the Mexican entity], located at [address in Mexico] (“OrbytSoft,” “we,” “us”), are responsible for the personal information described in this policy. Our Privacy Team handles all requests at [privacy@orbytsoft.com].

2. Our two roles

OrbytSoft is a CRM, messaging, scheduling and campaign platform. Our role depends on how we know you.

If your information is in one of our customers’ CRMs

Please send your request to the business that contacted you or holds your information. It’s the one that can decide what happens to it. If you write to us, we’ll let you know and, where possible, pass your request along. To stop that business’s messages, use its unsubscribe option or reply STOP to its texts.

If you’re an OrbytSoft customer

You’re the controller of the data you upload or receive in your account. You’re responsible for:

• Having your own privacy notice and a valid legal basis or consent for each type of data and each use.
• Getting and keeping the required consent before sending emails, texts or WhatsApp messages or placing calls, and honoring opt-outs.
• Following the laws that apply to your business and contacts, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state telemarketing and privacy laws, Mexico’s LFPDPPP, and carrier and WhatsApp rules.
• Getting any consent required for sensitive information and, for children’s data, from parents or guardians.
• Answering requests from the people whose data you handle. We’ll reasonably help as set out in our contract.

Health information. Don’t upload protected health information covered by HIPAA or similar state laws unless you’ve signed a Business Associate Agreement (BAA) with us. Our terms and contracts give more detail on this restriction.

3. What we collect as a controller

Sensitive information. As a controller, we don’t ask for sensitive personal information such as health details, ethnic origin, religion, political views or sexual orientation. Please don’t include it in our forms or support messages. If we ever needed it, we’d ask for your express consent first.

Where we get it. From you, directly or when you use our site or platform. Also from the person or agency that referred you, from platforms where you respond to our ads, and from public sources.

4. How we use your information

Needed for the service

• Answering your requests and holding the call you asked for.
• Creating and managing your account or free trial.
• Providing, setting up and implementing the service, including importing contacts and connecting your channels.
• Giving support and sending notices about your account, service, billing, changes or security.
• Billing, invoicing and accounting.
• Keeping the site and platform secure, and preventing fraud and abuse.
• Complying with the law, responding to authorities and defending our rights.

Optional

You can say no to these without affecting the service:

• Sending news, promotions, event invitations and surveys.
• Measuring and improving our site, services and campaigns using information that identifies you.
• Publishing your success story or testimonial, only with your separate express consent, which you can withdraw for future use.

How to opt out. Email [privacy@orbytsoft.com] at any time, use the unsubscribe link in our emails or reply STOP to our texts. We’ll keep your request on an internal list so we can honor it.

If we want to use your information for a materially different purpose, we’ll tell you first and ask for your consent where the law requires it.

5. Texts, WhatsApp and calls

If you give us your number when you ask for information, we may contact you by text, WhatsApp or phone about that request. We send promotions on these channels only with the consent the law requires. Consent isn’t a condition of purchase. Message frequency varies, and message and data rates may apply. Reply STOP to opt out of texts or HELP for help.

We don’t share mobile information with third parties or affiliates for their marketing or promotional purposes. Text messaging opt-in data and consent aren’t shared with any third parties, except the aggregators and providers that make message delivery possible.

When an OrbytSoft customer messages you through the platform, that customer is the sender and is responsible for the consent it obtained. WhatsApp messages are also subject to Meta’s policies.

6. Who we share it with

We don’t sell your personal information or share it for cross-context behavioral advertising.

• Service providers. Companies that work for us under contract, with confidentiality and security duties and only to provide these services: hosting and infrastructure, databases and backups, email and messaging delivery, telephony, payments, invoicing, support, security and, where applicable, AI features. You can request the current list at [privacy@orbytsoft.com].
• Our corporate group. Companies under common control in the United States and Mexico, under the same internal processes and policies.
• Legal and safety. Authorities or other parties when required by law or valid legal process, or when needed to establish, exercise or defend legal rights.
• Your agency or referral partner. The partner that referred you or manages your account, to support that account. You can object by emailing us.
• Business transfers. An acquirer, investor or successor in a merger, sale or reorganization, who must honor this policy. You can object by emailing us where the law gives you that choice.

Across borders. We operate in the United States and Mexico, and our providers may be located elsewhere. Your information is stored in [country or region of servers] and may be accessed from both countries. Laws in those places may differ from yours, and we use contractual safeguards to maintain the protections described here.

7. Cookies and similar tools

Today, this site doesn’t use advertising or analytics cookies. It does use:

• Your browser’s local storage, to remember your language and currency. It stays on your device, and you can clear it in your browser.
• Google Fonts. To deliver the fonts, your browser sends Google your IP address and technical request data.
• Technical logs from our hosting provider, Vercel, including IP and browser data, to run and protect the site.

The platform uses cookies needed to sign you in and keep your account secure. If you block them, it may not work.

Before we turn on analytics or advertising cookies, pixels or similar tools on this site, we’ll update this policy and give you the controls the law requires, including honoring the Global Privacy Control signal where applicable.

8. Security

We maintain administrative, technical and physical safeguards to protect your information against damage, loss, alteration, destruction and unauthorized use or access. No system is completely secure, so we can’t guarantee absolute security. Protect your password and tell us if you think your account is at risk.

If a security breach affects you, we’ll notify you and any authorities as required by applicable law. If it affects data we handle as a processor, we’ll notify the customer concerned.

9. How long we keep it

We keep information as long as needed for the purposes in this policy and any legal retention periods. Then we securely delete or de-identify it.

10. Your U.S. privacy rights

If you live in Texas, California or another state with a comprehensive privacy law that applies to us, you may have the right to:

• Confirm whether we process your information, access it and get a portable copy.
• Correct it and ask us to delete it.
• Opt out of sale, targeted advertising and profiling that produces legal or similarly significant effects.
• Limit the use of sensitive information where the law provides.
• Not be discriminated against for using your rights.
• Use an authorized agent where the law allows.

How to ask. Email [privacy@orbytsoft.com]. We’ll verify your identity with reasonable information before acting. We generally respond within 45 days and may extend that by another 45 days when reasonably necessary. We’ll tell you if we do.

Appeals. If we decline your request, you can appeal by emailing the same address within a reasonable time. We’ll answer in writing within the period your state’s law sets. If your appeal is denied, you can complain to your state attorney general. Texas residents can use the Texas Attorney General’s site.

Categories from the past 12 months

We use these categories for the purposes in section 4 and keep them as described in section 9. We don’t make decisions based solely on automated processing that produce legal or similarly significant effects about you. California residents may also ask once a year about disclosures to third parties for their direct marketing. We don’t currently make those disclosures.

11. Your rights in Mexico

If you live in Mexico, you can access, correct, cancel or object to the processing of your information, withdraw consent and limit its use or disclosure. The Spanish-language notice explains how, and it controls for Mexican residents.

12. Children

Our site and services are meant for businesses and people 18 and older. As a controller, we don’t knowingly collect personal information from children. If you think we received a child’s information, contact us and we’ll delete it.

If a customer such as a school keeps children’s data in its account, that customer is responsible for parental or guardian consent and for complying with laws such as COPPA and FERPA where they apply.

13. Integrations and AI

Integrations. If you connect third-party accounts such as WhatsApp, Facebook, Instagram, Google or your email, we access the information you authorize only to make that connection work. You can remove access at any time. Those services have their own policies. Our use of information received from Google APIs will adhere to the Google API Services User Data Policy, including its Limited Use requirements.

AI. If you use AI features in the platform, the content they need is sent to providers under contract to generate the result. We don’t use a customer’s account data to train general models unless the customer authorizes it. Review AI output before using it, as it can contain errors.

External links. This site may link to sites we don’t control. Please read their privacy notices.

14. Changes to this policy

We may update this policy when the law, our services or our practices change. The current version will always be on this page with its date. If a change is material, we’ll also tell you by email or in the platform and, where the law requires it, ask for your consent.

15. Contact us

OrbytSoft Privacy Team
Email: [privacy@orbytsoft.com]

Nothing here limits rights that applicable law doesn’t allow you to waive. If you live in the United States, this English version controls.