Privacy Policy – SMS Marketing Service (DartSMS)

1. Data Controller

The entity responsible for processing your data is:

• Name: DartSMS
• Contact: geral@dart-sms.com

2. Data Collected and Purpose

We collect your mobile phone number and, optionally, your name. This data is processed exclusively for:

• Sending promotional campaigns, discounts, and news.
• Stock alerts or service reminders.
• Personalizing messages sent through the DartSMS software.

3. Legal Basis for Processing

We process your personal data under the following legal bases:

• Service delivery and account management — performance of a contract (Art. 6(1)(b) GDPR).
• Platform improvement and security — legitimate interests of the controller (Art. 6(1)(f) GDPR).
• Sending marketing communications — your freely given, specific, and informed consent obtained via a positive opt-in action (Art. 6(1)(a) GDPR).

4. Sub-processors and Data Sharing

For the technical delivery of SMS messages, DartSMS uses third-party sub-processors (category: telecommunications and SMS gateway providers), all operating within the European Economic Area and subject to GDPR-compliant data processing agreements. Data is shared with these sub-processors only to the extent strictly necessary to deliver communications. DartSMS will never sell personal data to third parties. Data may be disclosed to competent authorities only when required by applicable law.

4a. Client Responsibility for Recipient Data

In relation to the personal data of message recipients that a Client uploads and manages on DartSMS, the Client acts as Data Controller and DartSMS acts as Data Processor under Article 28 GDPR. The Client is solely responsible for obtaining valid consent from recipients, complying with applicable data protection legislation, and providing proof of compliance upon request. DartSMS processes recipient data exclusively on documented instructions from the Client and for no other purpose.

5. Data Retention

Your data will be retained as long as you wish to receive our communications. If you exercise your right to object (opt-out), your number will be moved to an exclusion list to ensure you no longer receive messages, unless you request a new subscription.

6. Data Subject Rights

Under the GDPR, you have the right to:

• Access the data we hold about you.
• Rectify incorrect or outdated data.
• Withdraw consent at any time.
• Request the complete deletion of your data ("right to be forgotten").
• Lodge a complaint with the supervisory authority (your national data protection authority).

7. How to Manage Subscription (Opt-in / Opt-out)

You can manage your subscription at any time through the link included in each SMS sent. By clicking that link, you can unsubscribe (opt-out) or resubscribe (opt-in) immediately and free of charge.

8. Security

We implement technical and organizational measures, together with DartSMS software protocols, to protect your data against unauthorized access or loss of information.