SMS and MMS Text Messaging Privacy Policy, Terms and Conditions

📱 SMS Privacy Policy

Houston Lasik & Eye is committed to protecting your privacy. This Privacy Policy (the “Policy”) governs how we treat the Personal Information that we collect and receive from you in connection with your use of the SMS Service (“Service”), which we make available to you through a third-party service provider. This Policy is incorporated into the [link to your Terms of Service].

By using the Service, you agree to the terms of this Policy. Houston Lasik & Eye reserves the right, in its sole discretion, to modify or change this Policy at any time with or without prior notice to you. The date of the last update will be posted at the top of this Policy for your convenience. This Policy, and any changes, are effective as soon as posted. Your continued use of the Service following the posting of any changes to the Policy constitutes your full acceptance of those changes.

“Personal Information” is information that individually identifies you, such as your mobile phone number or user/screen name, as well as the any Personal Information that you choose to include in messages you send through the Service.

What Personal Information is collected about you

Through the use of the Service, Houston Lasik & Eye will receive the following information from our third party service provider: your mobile phone number when you send a text message to us, the text of messages that you send to other users of the Service, any user or screen name that you select in connection with the Service, as well as any comments or feedback regarding the Service that you send to us.

How Houston Lasik & Eye uses Personal Information about you

We use Personal Information to:

  • (a) provide you with the Service (e.g., appointment reminders, confirmations, updates),

  • (b) process and respond to inquiries,

  • (c) improve the Service,

  • (d) if necessary, contact you with important announcements or messages,

  • (e) conduct research, and

  • (f) provide anonymous reporting for internal and external clients and partners.

Each message that you send through the Service (either to us or to other users of the Service) is stored on our servers. We retain these messages on our servers. Houston Lasik & Eye utilizes servers and services owned by third parties.

Disclosure of your information

We will not rent or sell your Personal Information to other companies or individuals, unless we have your consent. We may use or disclose such information in any of the following limited circumstances:

  • We have your consent.

  • We need to enforce our Terms of Service.

  • We provide such information to trusted businesses or persons for the sole purpose of processing Personal Information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Policy and appropriate confidentiality and security measures. If the third party fails to comply with our terms, Houston Lasik & Eye is not accountable in any way for any liability or reimbursement.

  • We provide such information to third parties who have entered into non-disclosure agreements with us.

  • We provide such information to a company controlled by, or under common control with, Houston Lasik & Eye for any purpose permitted by this Policy.

  • We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights, or the legal rights of others, or defend against legal claims.

  • We believe it is necessary to share Personal Information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Houston Lasik & Eye’s Terms of Service, or as otherwise required by law.

  • We transfer Personal Information about you if Houston Lasik & Eye is, or its assets are, acquired by or merged with another company.

  • We may share aggregated information with others without further notice. An example of this would be the number of people who used the Service in a given month or the total number of texts sent in a given week.

Security

Houston Lasik & Eye takes precautions to ensure the security of your Personal Information, including ensuring that our third party service providers protect the security of your Personal Information. However, we cannot guarantee that hackers or unauthorized personnel will not gain access to your Personal Information despite our efforts. You should note that in using the Service, your information will travel through third party infrastructures which are not under our control (such as a third party SMS delivery platform or your carrier network).

We cannot protect, nor does this Policy apply to, any information that you transmit to other users. You should never transmit personal or identifying information to other users.

Opting in

A mobile user might opt-in by:

  • Entering a phone number online,

  • Sending a Mobile Originating (MO) message containing an advertising keyword,

  • Filling out a paper form that includes their phone number, or

  • Signing up at a point-of-sale location.

Opting out

Houston Lasik & Eye’s third-party service provider gives you the ability to opt out of the Service for any reason. You can opt out by texting “STOP” or “QUIT” to the number provided to you when you signed up for the Service.

We reserve the right to send you certain communications relating to the Service, such as announcements and administrative messages (e.g., appointment confirmations), without offering you the opportunity to opt-out of receiving them.

Children

The Service is not intended for children under 13, and Houston Lasik & Eye does not knowingly collect information from children under the age of 13.

Children aged 13 or older should not submit any Personal Information without the permission of their parents or guardians. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the service.

Intended audience

Houston Lasik & Eye requires that users of this service be limited to US residents only.

Questions or concerns?

If you have any additional questions regarding this Policy, please feel free to contact us through our website: www.houston-lasik.com/contact-us

📲 SMS Terms and Conditions

By opting in to receive text messages from Houston Lasik & Eye (hereinafter, “We,” “Us,” “Our”) (the “Service”), you agree to these Text Messaging Terms and Conditions (the “Agreement”). Your participation in the Service is also subject to our Privacy Policy and Terms and Conditions of Use, which are expressly incorporated by reference herein. This Agreement is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

OUR TERMS AND CONDITIONS OF USE REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, WAIVE YOUR RIGHT TO A TRIAL BY JURY AND REQUIRE CLAIMS TO BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE SERVICE.

1. Providing Telephone Numbers and Duty to Notify

You verify that the mobile number provided to Us is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by contacting us via our website at www.houston-lasik.com/contact-us.

2. Your Consent to Receive Automated Calls/Texts

You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive recurring automated text messages (such as SMS, MMS, or successor protocols or technologies) from Us concerning Our services, appointment confirmations, follow-up information, special offers, and transactions related to your eye care and relationship with Us. You understand that consent is not required to make any purchase or receive services from Us. Message and data rates may apply.

3. Opt Out Instructions

Your consent to receive automated texts is completely voluntary. You may opt-out at any time. To opt out of text messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us, or contact us via our website at www.houston-lasik.com/contact-us and specify that you want to opt out of text messages. You may also text HELP for assistance. You acknowledge and agree to accept a final text message confirming your opt-out.

4. Indemnification to Us

You agree to indemnify Us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees).

5. Participation Requirements

By participating in the Service, you acknowledge and agree that you are eighteen (18) years of age or older. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

6. Miscellaneous

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Service after any such changes, you accept this Agreement, as modified.

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