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S&M BARGAIN CITY, INC.

PRIVACY POLICY & SMS TERMS OF SERVICE

IMPORTANT: By providing your mobile phone number and opting in to receive text messages from S&M Bargain City, Inc., you agree to the terms described in this Privacy Policy. Standard message and data rates may apply.

 

1. ABOUT THIS PRIVACY POLICY

S&M Bargain City, Inc. ("Company," "we," "us," or "our") is committed to protecting your personal information. This Privacy Policy explains how we collect, use, share, and safeguard information you provide to us, with specific attention to our SMS/text message marketing program operated in compliance with the Telephone Consumer Protection Act (TCPA), A2P 10DLC industry standards, and applicable Federal Communications Commission (FCC) regulations.

This policy applies to all customers, visitors, and individuals who interact with S&M Bargain City, Inc. through our stores, website, or mobile communication channels.

 

2. INFORMATION WE COLLECT

2.1 Information You Provide Directly

We may collect the following categories of personal information:

  • Full name

  • Mobile phone number

  • Email address

  • Mailing or billing address

  • Purchase history and transaction records

  • Customer service communications

 

2.2 Information Collected Automatically

When you interact with our websites or digital platforms, we may automatically collect:

  • IP address and browser type

  • Device identifiers

  • Pages visited and time spent on our site

  • Referring URLs and click-through data

 

3. SMS / TEXT MESSAGE MARKETING PROGRAM

SMS CONSENT DISCLOSURE: Consent to receive SMS marketing messages is NOT a condition of purchase. You may opt out at any time. Message and data rates may apply.

 

3.1 Program Description

S&M Bargain City, Inc. operates an SMS marketing program via short code and long code messaging, including our dedicated number +1 (877) 269-8878. This program delivers promotional content to customers who have voluntarily opted in. Message content may include:

  • Sales announcements and limited-time offers

  • Special promotions and discount codes

  • Clearance and seasonal merchandise alerts

  • New inventory and merchandise arrival notifications

  • Holiday and event-specific deals

  • Loyalty program updates

 

3.2 Message Frequency

Message frequency will vary. You may receive up to four (4) SMS messages per month from S&M Bargain City, Inc. We reserve the right to send additional messages during special promotional periods or sale events. We will not send excessive or unsolicited messages beyond what is reasonably expected for a retail marketing program.

 

3.3 How to Opt In

You may enroll in our SMS marketing program by one or more of the following methods:

  • Texting a designated keyword to +1 (877) 269-8878

  • Completing an opt-in form at any S&M Bargain City, Inc. retail location

  • Submitting your mobile number through our website opt-in form

  • Verbally providing your consent at point of sale (confirmed by written or digital signature)

By opting in, you expressly consent to receive recurring automated promotional and marketing text messages from S&M Bargain City, Inc. at the mobile number provided. You confirm that you are the account holder or have the account holder's permission to enroll the number.

 

3.4 How to Opt Out — STOP Command

TO UNSUBSCRIBE: Text STOP to +1 (877) 269-8878 at any time. You will receive a one-time confirmation and no further messages will be sent.

You may opt out of our SMS marketing program at any time by:

  • Texting STOP, CANCEL, END, QUIT, or UNSUBSCRIBE to +1 (877) 269-8878

  • Calling our customer service line and requesting removal

  • Submitting an opt-out request in writing at any store location

Upon receipt of your STOP message, we will send a single confirmation text acknowledging your request. After that, you will receive no further promotional SMS messages. Please allow up to 24–48 hours for opt-out processing to take effect.

 

3.5 Help Command

HELP: Text HELP to +1 (877) 269-8878 to receive program information and customer support contact details. You may also call our customer service team or visit any of our store locations for assistance.

 

3.6 Message and Data Rates

Standard message and data rates may apply depending on your mobile carrier and plan. S&M Bargain City, Inc. does not charge for SMS messages sent through our marketing program; however, your wireless carrier may charge for message delivery or data usage. Contact your wireless provider for details about your plan.

 

3.7 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to the capabilities of your wireless carrier and network availability. S&M Bargain City, Inc. makes no guarantee of message delivery timing.

 

3.8 Compatible Carriers

Our SMS program is compatible with most major U.S. wireless carriers, including but not limited to AT&T, Verizon, T-Mobile, Sprint, Boost Mobile, Cricket Wireless, Metro by T-Mobile, U.S. Cellular, and other regional carriers. Availability may vary.

 

4. HOW WE USE YOUR INFORMATION

S&M Bargain City, Inc. uses the personal information we collect for the following legitimate business purposes:

  • To deliver SMS and email marketing communications you have requested

  • To process and fulfill purchase orders and transactions

  • To respond to customer service inquiries and resolve disputes

  • To personalize offers and promotions based on purchase history

  • To improve our products, services, and marketing effectiveness

  • To comply with legal obligations, court orders, or regulatory requirements

  • To detect, prevent, and investigate fraud or other harmful activity

  • To maintain and improve the security of our systems and customer data

 

5. SHARING OF YOUR INFORMATION

We do not sell, rent, trade, or share your mobile phone number or SMS opt-in data with any third party for their marketing or promotional purposes.

 

We may share your information only in the following limited circumstances:

5.1 Service Providers

We may share information with trusted third-party vendors who assist us in operating our SMS marketing platform, processing transactions, delivering emails, or analyzing customer data. These vendors are contractually obligated to use your information solely on our behalf and in accordance with this Privacy Policy.

5.2 Legal Compliance

We may disclose personal information when required by law, subpoena, court order, or regulatory authority, or when we believe in good faith that disclosure is necessary to protect the rights, property, or safety of S&M Bargain City, Inc., our customers, or the public.

5.3 Business Transfers

In the event of a merger, acquisition, sale of assets, or reorganization, your information may be transferred as part of the transaction. We will notify you via SMS or email prior to your data being subjected to a materially different privacy policy.

5.4 No Sale of SMS Data

Consistent with CTIA guidelines and A2P 10DLC compliance requirements, we explicitly confirm: your mobile phone number and SMS consent data will never be sold or rented to any third-party advertiser, marketing list broker, or data aggregator.

 

6. DATA RETENTION

We retain personal information, including SMS opt-in records and consent documentation, for as long as necessary to fulfill the purposes described in this policy, to comply with legal obligations, resolve disputes, and enforce our agreements.

SMS opt-in records, including the date, time, method of consent, and the phone number enrolled, are maintained for a minimum of four (4) years in compliance with TCPA record-keeping best practices.

Upon opt-out, we will retain your number on a suppression list to ensure you are not inadvertently re-enrolled or contacted in the future.

 

7. DATA SECURITY

We implement commercially reasonable administrative, technical, and physical safeguards to protect your personal information from unauthorized access, use, disclosure, alteration, or destruction. These measures include:

  • Encryption of data in transit and at rest

  • Access controls and authentication requirements for staff

  • Regular security assessments and system audits

  • Vendor contracts requiring equivalent data protection standards

No data transmission over the internet or wireless network can be guaranteed to be 100% secure. While we strive to protect your personal information, we cannot guarantee absolute security. You provide information at your own risk.

 

8. YOUR RIGHTS AND CHOICES

Depending on your state of residence, you may have the following rights regarding your personal information:

  • Right to Access: Request a copy of the personal information we hold about you

  • Right to Correction: Request correction of inaccurate or incomplete information

  • Right to Deletion: Request deletion of your personal data, subject to legal retention requirements

  • Right to Opt Out: Opt out of SMS marketing at any time by texting STOP to +1 (877) 269-8878

  • Right to Non-Discrimination: We will not discriminate against you for exercising your privacy rights

To exercise any of the rights listed above, please contact us using the information provided in Section 11 of this policy.

 

9. CHILDREN'S PRIVACY

Our SMS marketing program and services are intended for individuals who are 18 years of age or older. We do not knowingly collect, use, or solicit personal information from anyone under the age of 13. If we learn that we have inadvertently collected personal information from a minor under 13, we will promptly delete such information. If you believe we have collected information from a minor, please contact us immediately.

 

10. CHANGES TO THIS PRIVACY POLICY

S&M Bargain City, Inc. reserves the right to update or modify this Privacy Policy at any time. When we make material changes, we will:

  • Update the "Effective Date" at the top of this document

  • Notify active SMS subscribers via a text message alert when required

  • Post the revised policy at our store locations and, where applicable, on our website

Your continued opt-in status and use of our services following any posted update constitutes your acceptance of the revised Privacy Policy. If you do not agree with the updated terms, please opt out of the SMS program by texting STOP to +1 (877) 269-8878.

 

11. CONTACT US

If you have questions, concerns, or requests regarding this Privacy Policy or our SMS marketing program, please contact us using the following:

 

S&M Bargain City, Inc.

D/B/A: S&M Family Outlet

Business Type: Retail Clothing & Merchandise

SMS Marketing Line: +1 (877) 269-8878

Program Support: Text HELP to +1 (877) 269-8878

Opt-Out: Text STOP to +1 (877) 269-8878

 

COMPLIANCE NOTICE

This Privacy Policy and SMS Terms of Service are designed to comply with the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles and Best Practices, A2P 10DLC campaign requirements, FCC regulations governing commercial text messaging, and applicable state consumer protection laws including the Texas Business & Commerce Code. This document should be reviewed by qualified legal counsel before final deployment.

Privacy

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