Last modified: October 23, 2003

SUMMIT Engineering, Laboratory and Testing, Inc.  (“SUMMIT”, “we”, or “us”) operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (the “Mobile Messaging Terms”). The Program and our collection and use of your personal information is also subject to our Privacy Policy. By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms and our Privacy Policy.

1. Program Description: We may send mobile messages in various formats through the Program. The Messages will pertain to SUMMIT’s employees and contain information and messages of high important to you. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary. You agree that we, our affiliates, and any third-party service providers including may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program, but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.
2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at info@summit-companies.com.
3. User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. For support, reply HELP to any mobile message from us.
4. Promotional Sender Frequency: Per terms and conditions, the maximum number of messages a contact is expected to receive will not exceed three (3) messages per month. This cannot be adjusted after registration.

Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

5. Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.
6. Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website or when you are notified by us. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.
7. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
8. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
   1. Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
   2. Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
   3. Pirated computer programs, viruses, worms, Trojan horses, or other harmful code.
   4. Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
   5. Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); an
   6. Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
9. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and SUMMIT or between you and Constant Contact (“CC”) or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Pineville, North Carolina before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which SUMMIT’s principle place of business is located, without regard to its conflict of laws. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your Agreement to participate in any of our Programs.

You understand and agree that, by agreeing to these Terms, you are waiving the right to a trial by jury or to participate in a class action and that these Terms shall be subject to and governed by the Federal Arbitration Act.

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. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. 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. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. 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 Program after any such changes, you accept this Agreement, as modified.

Last modified: September 20, 2023

Introduction

SUMMIT Engineering, Laboratory and Testing, Inc. (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

• The types of information we may collect or that you may provide when you register with, access, or use the mobile messaging and SMS information and notice platform (the “Service”).
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.

 

This policy applies only to information we collect through SMS/text, and other electronic communications sent to or through your mobile messaging applications.  This policy DOES NOT apply to information that:

• We collect offline or on any other Company apps or websites, including websites you may access through this Service.
• You provide to or is collected by any third party (see Third-Party Information Collection).

 

Our websites and apps, and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this Service. By registering with, or using this Service, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Service after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Children Under the Age of 18

The Service is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at info@summit-companies.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

Information We Collect and How We Collect It

We collect information from and about users of our Service:

• Directly from you when you provide it to us.
• Automatically when you use the Service.

 

Information You Provide to Us

When you, register with, or use this Service, we may ask you provide information:

• By which you may be personally identified, such as name, postal address, email address, telephone number, employee identification number or any other identifier by which you may be contacted online or offline (“personal information”).

 

This information includes:

• Information that you provide by replying to messages in connection with the Service. This includes information provided at the time of registering to use the Service and using the Service. We may also ask you for information when you report a problem with the Service.
• Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

 

If you do not want us to collect this information you may opt out at any time by sending an email to info@summit-companies.com.

Third-Party Information Collection

When you use the Service, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

• Third-party service providers to assist us with service support, email and SMS services.
• Constant Contact, to send text message communications. For more information about how we may use your information with Constant Contact and the information that may be collected through our email campaigns, see Constant Contact’s Customer Data Notice available athttps://www.constantcontact.com/legal/customer-contact-data-notice.
• Your mobile device manufacturer.
• Your mobile service provider.

 

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

• Send you notification with information and alerts of high importance regarding the company.

 

Disclosure of Your Information

We may disclose aggregated information, and information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

 

Unsubscribe

If you wish to stop receiving text messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us.

Accessing and Correcting Your Personal Information

You can review and change your personal information by sending us an email at info@summit-companies.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Residents in certain states, such as California, may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents’ privacy rights, visit https://oag.ca.gov/privacy/ccpa or https://thecpra.org/.  California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Service that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@summit-companies.com.

Colorado, Connecticut, Virginia and Utah each provide their state residents with rights to: i) confirm whether we process their personal information, ii) access and delete certain personal information, iii) data portability, iv) opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut and Virginia also provide their state residents with rights to: i) correct inaccuracies in their personal information, considering the information’s nature processing purpose, ii) opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

Nevada provides its residents with a limited right to opt-out of certain personal information sales.  Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: info@summit-companies.com. However, we do not currently sell data and thus do not trigger Nevada’s opt-out requirements.

To exercise any of these State specific rights, or appeal any decision regarding your rights, please contact us at info@summit-companies.com.

Data Security

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable phone number for you and for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, or to register a complaint or concern, please contact us at: info@summit-companies.com.