Bottle Labs, LLC Privacy Policy

This Privacy Policy (“Policy”) describes how your information is collected, used, and disclosed by Bottle Labs, LLC and its related companies (“Bottle” or “We” or “Us”). This Policy applies to the Bottle websites available at www.sendbottles.com or any of our other websites or mobile applications that post this Policy (the “Site”) and our online services (the “Services”). This Policy does not apply to websites that post different statements.

WHAT WE COLLECT

We collect information about you in a range of ways.

Information You Give Us.

We collect any personal information you provide to us. For example, you may provide us your name, email address, phone number, username, password, and other information you directly give us using the Service.

If you tell us where you are (e.g., by allowing your device to send us your location), we may store and use that information to provide you with location-based information.

If you place orders on our Site, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information. This information may be shared with third parties who help process and fulfill your purchases.

Information Automatically Collected.

We automatically collect information about you and your computer or mobile device when you visit our Site or use our Services. For example, we may log your computer or device operating system type, location data, IP address, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times, and information about your use of and actions on our Site or in our Services.

Cookies. We may automatically collect information using "cookies." Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us make our Site and your experience better. We use cookies to see which parts and features of our Site are popular and to count visits to our Site.

Web Beacons. We may log information using digital images called “web beacons” (also called “pixel tags”) on our Site or in our emails. We use web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We also use web beacons to tell if you open or act on our emails.

INFORMATION COLLECTED BY PAYMENT PROCESSOR

When you make payments on our Site, our third party payment processor will collect all information necessary to complete the transaction, including your name, credit card number and billing address. When you transmit your payment information to our third party payment processor, the personal information you upload, including your credit card number, name, and address will be transmitted to our payment processor in an encrypted format via Secure Sockets Layer (SSL) technology.

USE OF PERSONAL INFORMATION

We use personal information collected through our Services, or disclosed by you on our Site or in connection with our Services, for the purposes described in this Policy. For example, we may use your information to:
operate, maintain, and improve our Site and Services;
fill orders you place on the Site and Services;
understand you and your preferences to enhance your experience and enjoyment using our Sites and Services;
respond to comments and questions and provide customer service;
send you related information including confirmations, updates, security alerts, and support and administrative messages (whether to your email address or via SMS text).

SHARING OF PERSONAL INFORMATION

We do not share your personal information other than as follows:
to comply with laws or to respond to lawful requests and legal process;
to protect the rights and property of Bottle, our agents, users, and others including to enforce our agreements, policies, and terms of use;
in an emergency to protect the personal safety of its users or any person;
in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another company.

We may create, use, and disclose de-identified and aggregated data for any purpose.

INFORMATION CHOICES AND CHANGES

You may “opt-out” of receiving our promotional emails by following the instructions in those emails. If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.

You may send requests about your personal information to our contact information below. You may request to change your contact preferences and update your personal information.

When you visit our Site, we and others give you the following choices about use of mechanisms for tracking, including tracking of your online activities over time and across different websites and online services by third parties. Most web browsers are set to accept cookies by default. If you prefer, you can typically remove and reject cookies from our Site with your browser settings. If you remove or reject our cookies, it could affect how our Site and Services work for you. You can choose to opt-out of use of cookies by certain third-party analytics providers and advertising networks to deliver ads tailored to your profile and preferences. You can learn more about the Google Analytics opt out here: https://tools.google.com/dlpage/gaoptout. If you delete your cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choice. While we and others give you choices described in this Policy, there are many ways web browser signals and other similar mechanisms can indicate your choice to disable tracking, and we may not be aware of or honor every mechanism.

CUSTOMER CONTENT

We also may collect Customer Content in connection with your use of certain products or services. For example, if you use our messaging services, we collect the messages being sent and received so that we can convey those messages to and from the carrier networks. Similarly, to transmit voice calls to and from the telecommunications carrier networks, we have to collect the voice communications being sent and received to route them appropriately. You can also use our products and services to record voice communications or have them transcribed, in which case, we will also collect those voice recordings or transcriptions.

You should not use Bottle’s products or services to receive, send or otherwise process Personal Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act of 1996 as amended (HIPAA) unless you have either negotiated a Business Associate Agreement (BAA) with Bottle or your use case for Bottle’s products and services does not require a BAA. Bottle disclaims all liability for PHI sent, received or processed through Bottle’s products or services without a Business Associate Agreement. Just to be clear, Bottle may not necessarily sign a BAA in connection with your use of any Bottle product or service. Please contact our sales team to speak further regarding HIPAA-compliant uses of Bottle’s products and service.

CONTACT INFORMATION

We welcome your comments or questions about this Policy. Feel free to email us at hello@sendbottles.com You may also contact us at our address:
1447 Peachtree Street, Suite 700
Atlanta, GA 30306
404-948-6228

CHANGES TO THIS PRIVACY POLICY

We may change this Policy from time to time. If we make any changes to this Policy, we will change the Last Revised date above.

Bottle Labs, LLC Terms of Service

Bottle Labs, LLC (“Bottle,” “our,” “we,” or “us”) provides messaging, Internet calling, and other services to users around the world. Please read our Terms of Service so you understand what we do at Bottle. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).

NO ACCESS TO EMERGENCY SERVICES: There are important differences between Bottle and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.

IF YOU ARE A BOTTLE USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, BOTTLE AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE “SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA USERS” SECTION BELOW TO LEARN MORE.

About our services:
Registration. You must register for our Services using accurate data.
Address Book. You provide us the phone numbers of Bottle users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.
Age. You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law. Our Services pricing schedule is as follows:

Free:
Bottle to Bottle messages are free
No dedicated phone number
Limited to 500 sms messages per month

Pro Plan, $16 / month:
Dedicated phone number
0 - 1,000 sms / mms messages are included
Each additional 1,000 sms and mms messages are $20
Unlimited seats
Unlimited calling
We use Stripe to manage payment processing. Stripe fees are 2.9% + .30 per transaction.

Enterprise plan, $195 / month:
Everything in Pro and:
API access
Custom integration solutions
Priority support

Subscription plan, 3.5% per transaction (capped at $500 / month):
Everything in Pro and:
Access to the Bottle Subscription Ordering Experience
Automated sms ordering reminders
Ordering backend and reporting dashboard
0 - 1,000 sms / mms messages are included
Each additional 1,000 sms and mms messages are $20
Credit card processing fees of 2.9% + .30 per transaction

"SMS". An SMS is defined as a text segment, as defined by our provider, Twilio. It typically is composed of 160 character segments of a message. So a 320-character text would typically be billed as 2 SMS's.

"MMS". An MMS is defined as a media message, as defined by our provider, Twilio. It typically is composed of an image, plus the associated text as an SMS.

TCPA. It is the duty of Bottle users to follow the FCC's guidelines regarding the TCPA. It is up to each Bottle user to properly obtain consent for each customer texted and/or called over the Bottle service.

Data. You acknowledge that you have read our Privacy Policy and understand that it sets forth how we will collect, store, and use your Customer Data. “Customer Data" consists of information made available to us through your use of our Services under these Terms, which includes information such as your name, contact information, billing records, call or messaging logs, and traffic routing information, as well as the content of communications sent through or integrated with our Services, such as audio recordings, message bodies, and call recording transcriptions. If you do not agree to our Privacy Policy, you must stop using our Services.

Data storage is not guaranteed by us and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of Customer Data. However, we will do everything within reasonable means to protect your data from damage or losses.

You further acknowledge and agree that we may access or disclose Customer Data, including the content of communications, if: (i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request, (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury.

We store archived copies of your Data for legitimate business purposes and to comply with the law.

We do not and will never share, disclose, sell, rent, or otherwise provide Data to other companies for the marketing of their own products or services.

We do not use the Data we collect from you or your customers to contact or market to your customers or directly compete with you.

However, Bottle may contact or market to your customers if we obtain their information from another source, such as from the customers themselves or another Bottle customer.

If you decide to terminate Services we will transfer to you all of your customer contacts, messages with your contacts and any accompanying data.

Recording Conversations
Bottle provides a function that allows you to record individual telephone conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by state to state. You are responsible for applying the local laws in the relevant jurisdiction when using this feature.

Third Party Software Providers
We use Stripe and Twilio to offer our Services. Both Bottle and Bottle Users are bound by those vendors Terms of Services, Privacy Policies and Acceptable Use Policies. Specifically, we depend on Stripe and Twilio for critical components of our services.