Privacy policy

Last Updated: May 14th, 2023

At The Messenger, we want you to understand what information we collect, and how we use and disclose it and what rights and controls you have in connection with your information.  This Privacy Policy specifically describes how The Messenger and its parent, JAF Communications, Inc., (“JAF,” “The Messenger,” “we,” “our,” or “us”) collects, uses, and discloses information collected through websites and any mobile applications owned and operated by us that link to this Privacy Policy, such as www.themessenger.com (collectively, the “Site”). It also applies to information we collect about you offline, such as through your interactions with The Messenger customer service or attendance at events affiliated with us (collectively with the Site, the “Services”).

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. BY ACCESSING OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR OTHERWISE USE THE SERVICES.

This Privacy Policy covers the following:

  1. Information we collect
  2. How we use your information
  3. When we disclose the information we collect
  4. Online analytics and advertising
  5. Data retention
  6. Security
  7. Children’s privacy
  8. Consent to transfer
  9. Third-Party links and services
  10. Your choices and regional disclosures
  11. Changes to this privacy policy
  12. Contact information

1. Information we collect

We collect information when you access or use the Services. The types of information we collect depend on how you use the Services.

a) Information You Provide to Us Directly

We collect information that you provide when you access or use the Services or otherwise communicate with us. For example, we may collect information from you directly when you:

The information you provide directly to us may concern you and others and may include, but is not limited to:

You are not required to provide us with such information, but certain features of the Services may not be accessible or available, absent the provision of the requested information.

b) Information We Collect Automatically

We may automatically receive and store certain information about the computer or device you use to access the Site. As discussed further below, we and our service providers may use a variety of technologies, including cookies, to assist in this information.

Device/Usage Information. We and our vendors, which include ad networks and analytics companies such as Google Analytics, may use cookies, web beacons, and other tracking technologies to collect information about the computers or devices (including mobile devices) you use to access the Site. As described further below, we may collect and analyze information including but not limited to (a) browser type; (b) ISP or operating system; (c) domain name; (d) access time; (e) referring or exit pages; (f) page views; (g) IP address; (h) unique device identifiers (e.g. IDFA or Android ID); (i) version of our Services you’re using; and (j) the type of device that you use. We may also track when and how frequently you access or use the Site, including how you engage with or navigate our website or mobile application. We use this information (including the information collected by our vendors) for analytics (including to determine which portions of the Site are used most frequently and what our users like/do not like), to evaluate the success of our advertising campaigns, and as otherwise described in this Privacy Policy.

Cookies and Other Electronic Technologies. We and our vendors may use cookies, clear GIFs, pixel tags, and other technologies that help us better understand user behavior, personalize preferences, perform research and analytics, and improve the Services. These technologies, for example, may allow us to tailor the Site to your needs, save your password in password-protected areas, track the pages you visit, help us manage content, and compile statistics about usage of our Site. We or our vendors also may use certain of these technologies in emails to our customers to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Site, because the Site may not function properly. As we adopt additional technologies, we may also gather additional information through other methods.  For more details about our cookie use, please see our Cookie Notice.

Location Information. When you use the Services, we may collect general location information (such as general location inferred from an IP address).

c) Information From Affiliates and Non-Affiliated Parties

We may collect information about you or others through our affiliates or through non-affiliated parties. For example, we may receive information from:

We may give you the ability to access the Site through a social networking account, such as Facebook (each, a “Third-Party Account”). If you access the Site through a Third-Party Account, you may allow us to have access to certain information in your profile associated with that Third-Party Account. This may include your name, profile picture, gender, networks, user IDs, list of friends, location, date of birth, email address, photos, videos, people you follow and/or who follow you, and/or your posts or “likes.” Social networking sites have their own policies for handling your information. For a description of how these sites may use and disclose your information, including any information you make public, please consult those sites’ privacy policies. We have no control over how any third-party site uses or discloses the personal information it collects about you.

We may combine information that we collect from you through the Services with information that we obtain from such other parties and information derived from other products or services we provide.

2. How we use the information we collect

We use your information in a variety of ways described in this Privacy Policy or for purposes disclosed at the time of collection, or to which you consent. In particular, we may use your information to:

For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services, including through communications with you, with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

We may aggregate and/or de-identify any information collected through the Services or other communications with you so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties at our discretion.

3. When we disclose the information we collect

We may disclose the information we collect in the following circumstances:

Affiliates. We may disclose information to our affiliates or subsidiaries.

Vendors. We may disclose information to vendors who perform services on our behalf. They provide a variety of services to us, including data storage, analytics, research, algorithm development, billing, marketing, product content and features, customer service, data storage, security, fraud prevention, and legal services.

Social Media Services and Other Third-Party Accounts. Depending on your settings, if you log into the Services with a Third-Party Account such as a social media service or if you connect a Third-Party Account with the Services, we may disclose certain of your personal information to the entity that operates your Third-Party Account. The operator of the Third-Party Account’s privacy policy then applies to their practices regarding your information.

Safety and Protection. We may disclose certain information if we believe in good faith that doing so is necessary or appropriate to (i) protect or defend the rights, safety, or property of The Messenger or other parties, including to defend or enforce this Privacy Policy, our Terms of Service, or any other contractual arrangement or (ii) respond to your requests for customer service; and/or (iii) protect the rights, property or personal safety of The Messenger, its agents and affiliates, its employees, users and/or the public.

Legal Requirements. We may disclose certain information if we believe in good faith that doing so is necessary or appropriate to comply with any law enforcement, legal, or regulatory process, such as to respond to a warrant, subpoena, court order, or other applicable laws and regulations.

Business Transfers. We may share or disclose certain information, in connection with or during negotiations or closing of any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Consent/At Your Direction. We may disclose your information to nonaffiliated third parties based on your consent to do so.

We also may disclose other information with unaffiliated parties in a manner that does not identify particular users, including, for example, aggregated data about how users are using our Services.

4. Online Analytics & Tailored Advertising

a) Online Analytics

We may use third-party web analytics services on the Services, such as those of Google Analytics. These vendors use the sort of technology described in the “Information We Collect Automatically” section above to help us analyze how users use the Services, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these vendors, who use the information to evaluate your use of the Services. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.

b) Online Analytics

We may also allow third-party advertising technologies to place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Services in order to (a) inform, optimize, and serve marketing content based on past visits to our websites and other sites and (b) report how our marketing content impressions and interactions with these marketing impressions are related to visits to our websites. We also allow other unaffiliated parties (e.g., ad networks and ad servers such as Google Analytics) to serve tailored marketing to you and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. You may receive tailored advertising on your computer through a web browser. Cookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to us (e.g., your email address) that we may disclose to a vendor in hashed, non-human-readable form. These companies’ activities and your choices regarding their use of your information to personalize ads to you are subject to and set out in their own policies. Please visit Google Privacy & Terms to understand how Google uses data when you use our partners’ sites or apps. For Mailchimp, please see their Global Privacy Statement. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative’s (“NAI”) Consumer Opt-Out Link, the Digital Advertising Alliance’s (“DAA”) Consumer Opt-Out Link, and/or the European Interactive Digital Advertising Alliance to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Services, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content may not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit these opt-out pages, or you subsequently erase your cookies, use a different computer or change web browsers, your opt-out may no longer be effective.

5. Data Retention

We keep your information for the time necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and your choices, after which time we may delete and/or aggregate it. We may also retain and use this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

6. Security

We protect your personal information by using physical and electronic safeguards designed to improve the security of the personal information we maintain. However, as no electronic transmission or storage of personal information can be entirely secure, we can make no guarantees as to the security or privacy of your personal information.

7. Children’s Privacy

We do not knowingly collect, maintain, or use personal information from children under 16 years of age, and no part of our Services are directed to children. If you learn that a child has provided us with personal information in violation of this Privacy Policy, then you may alert us at privacy@themessenger.com

We may store and process data in the United States and other countries outside the United States, which may have data protection laws that differ from the laws in your country. By using the Services, or providing us with any information, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable countries in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside and/or are a citizen.

The Site may contain links to other websites, products, or services that we do not own or operate. For example, in connection with the Site, you also may choose to disclose personal information on social media, message boards, chat, profile pages, blogs, and other services to which you are able to post information and content. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any personal information you disclose to these third parties. We encourage you to read their privacy policies before providing any personal information to them.

10. Your Choices and Regional Disclosures

a. Account Information

You can update any account you create with us by email to privacy@themessenger.com.

b. Marketing Communications 

You may instruct us not to use your information to contact you by email or postal mail regarding products, services, promotions, and/or special events that might appeal to you by contacting us using the information below. You can opt-out of receiving further promotional emails from us by following the unsubscribe instructions provided in the promotional email you receive or by emailing us directly at newsletters@themessenger.com with “UNSUBSCRIBE,” in the subject line.

Removing your name from the email list may take a reasonable amount of time. Please note that, regardless of your request, we may still use and disclose certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.

c. Cookies

If you do not want the Site to collect information through the use of cookies, your browser may allow you to be notified when you receive certain types of cookies and restrict or disable certain cookies. Each browser is different, so you should check your browser’s “Help” menu to learn how to change your cookie preferences. Please be aware that if you disable or reject cookies, some features may not work properly.

d. Residents of the European Economic Area and United Kingdom

The Messenger is considered the “data controller” of the personal data we handle under this Privacy Policy. In other words, The Messenger is responsible for deciding how to collect, use and disclose this data, subject to applicable law. The laws of some jurisdictions such as the laws of the European Economic Area and the United Kingdom require data controllers to tell you about the legal ground that they rely on for using or disclosing of your information. To the extent those laws apply, our legal grounds are as follows:

Your local law may provide you certain rights with respect to your personal data. For example, residents of the European Economic Area and United Kingdom may request that we:

Please note, however, that certain information may be exempt from such requests in some circumstances, which may include needing to continue processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request. To exercise any of these rights, please contact us as described in the “Contact Information” section below.

In addition to those rights described herein, you have the right to lodge a complaint with the relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.

e. California Residents

The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”) requires us to provide some additional information to California residents. This Section 9(f) only applies to you if you are a California resident. This Section 9(f) does not apply to personal information we collect from our employees and job applicants in their capacity as employees and job applicants. In this Section 9(f), where we use a term in “quotes,” we refer to the meaning of that term in the CCPA.

i. Categories of Personal Information We Collect

Section 1 above describes the information we collect from and about you, Section 2 describes the purposes for which we use this information, and Section 3 describes when and to whom we disclose data. The CCPA requires us to list the personal information we collect by category, describe its purposes of use, and list the unaffiliated parties to whom we disclose personal information.

As further described in Section 1, we collect the following categories of personal information: Identifiers (such as name, address, email address); commercial information (such as transaction data); financial data; user-generated content; device information and identifiers (such as IP address); internet or other network or device activity (such as browsing history or app usage); professional and employment related information; general location data; audio or visual information (such as if you participate in a phone survey or submit a photo); demographic data (such as gender); inference data; and other information that identifies or can be reasonably associated with you.

As further described in Section 2, we use the personal information we collect for the following purposes:

As further described in Section 3, we may disclose your personal information in the following circumstances:

We also collect “sensitive personal information,” as that term is defined in the CCPA. We collect the following category of “sensitive personal information”: account log-in and password or other credentials allowing access to your account.

We collect the categories of personal information identified above from the following sources: (1) directly from you; (2) through your use of the Services; (3) affiliates; and (4) other parties such as marketers and other users.

ii. Your CCPA Rights

If you are a California resident, the CCPA may permit you to request that we:

You also have the right to opt out of “sales” and “sharing” of personal information, as described in subsection iii below. You may have the right to receive information about the financial incentives that we offer to you, if any. As required by applicable law, we will not discriminate against you for exercising your rights. Certain information may be exempt from such requests under applicable law. We need certain types of information so that we can provide the Services to you. If you ask us to delete it, you may no longer be able to access or use the Services.

The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for purposes for which you cannot opt out under the CCPA.

If would like to exercise any of these rights, please submit a request using to privacy@themessenger.com or through our toll-free number at (855) 919-2800. You will be required to verify your identity before we fulfill your request, and we may request additional information from you to do this. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

California residents who are under 18 and registered users of the Site can request removal of content that they have posted on the Site by emailing us at privacy@themessenger.com with your name and email address and/or your The Messenger username and the material that you want removed and information that will enable us to locate it, and the subject line “California Removal Request”. Your request does not ensure complete removal of the material. For example, materials may be republished or reposted by another user or third party.

iii. “Sale” and “Sharing” of Personal Information

The CCPA sets forth certain obligations for businesses that “sell” or “share” personal information.

We may disclose your personal information to third parties for purposes of analytics and advertising. We provide information to analytics providers to better understand how consumers use the Services so we can improve the Services and create new products and services. We may also provide personal information to third-party advertising providers for targeted advertising purposes, so we can provide you with more relevant and tailored ads regarding our services. Under the CCPA, disclosing personal information to these third parties may be considered a “sale” of personal information or the “sharing” of personal information for purposes of “cross-context behavioral advertising.”

The following chart lists the categories of personal information we have sold or shared over the last 12 months, and the categories of third parties to whom we have sold or shared such personal information.

Category of Personal InformationCategories of Third Parties to Which we Have “Sold” this PICategories of Third Parties to Which we Have “Shared” this PI
Identifiers Ad networks and advertising partners; analytics providersAd networks and advertising partners
Commercial information Ad networks and advertising partners; analytics providersAd networks and advertising partners
Internet network and device activity data Ad networks and advertising partners; analytics providersAd networks and advertising partners

If you (or in California, your authorized agent) would like to opt out of our use or disclosure of your information for such purposes, you can follow the steps by clicking the link below. Note, if you use a cookie blocker, it may block visibility of this tool or link, including in your web footer.

Do Not Sell or Share My Personal Information

Even if you opt out, you will still see advertising, it just may be less relevant to you, or it may be personalized for you based only on the data that The Messenger has collected about you. Unless you sign in, you must opt out on each device and each browser where you want your choice to apply. Your preference may be lost if you clear, or your browser is set to clear, cookies. If you have enabled Global Privacy Control on your browser, we recognize such preference in accordance and to the extent required by applicable law. You will need to turn this on for each browser you use unless you sign into your account with The Messenger.

We do not knowingly “sell” or “share” the personal information of children under 16.

iv. Retention of Your Personal Information

Please see Section 5 above on our data retention practices.

v. Do-Not-Track

We do not respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations, and solutions. Please note that Do Not Track is a different privacy mechanism than the Global Privacy Control browser choice referenced above.

vi. Shine the Light

California’s “Shine the Light” law gives California residents the right to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their “personal information” (if any, and as defined under applicable California law) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to privacy@themessenger.com.

f. Virginia Residents

If you are a Virginia consumer (as that term is defined under the Virginia Consumer Data Protection Act (“VCDPA”), you may have certain rights. Virginia law may permit you to request that we:

Certain information may be exempt from such requests under applicable law. We need certain types of information so that we can provide the Services to you. If you ask us to delete it, you may no longer be able to access or use the Services.

To exercise these rights, you will be required to verify your identity, and we may request additional information from you to verify your identity. To exercise your rights, please submit your request here or you may also call us at (855) 919-2800.

To opt out of our use of your personal information to send you targeted advertising (as that term is defined in the VCDPA), please submit your request here:

Do Not Sell or Share My Personal Information

If we deny your request to exercise any of the rights above, you may appeal that denial by emailing us at privacy@themessenger.com.

11. Changes to This Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of the Services, or advances in technology. When we do so, we will post the updated Privacy Policy on the Site with a new “Last updated” date. Updates become effective immediately on the posting of the new Privacy Policy. We encourage you to check the Site and Privacy Policy regularly. If we make a material change to the Privacy Policy, we will provide you with notice in accordance with legal requirements. Your use of the Services following any such change constitutes your agreement that all information collected from or about you after the revised Privacy Policy is posted will be subject to the terms of the revised Privacy Policy.

12. Contact Information

If you have any questions or comments about this Privacy Policy, our privacy practices, or want to exercise any of your rights with regard to your information, please contact us at privacy@themessenger.com or by writing to us at:

JAF Communications, Inc.
622 North Flagler Drive
West Palm Beach, Florida, 33401