Effective starting: January 12, 2020 (view archive)
1. Information Covered
2. Information collected
The Company collects individually identifiable information (“Personal Information”) from individuals who visit the Site (“Site Visitors”) and individuals who register to use the Services (“Customers”).
When expressing an interest in obtaining additional information about the Services or registering to use the Services, the Company requires you to provide the Company with personal contact information including, but not limited to, name, company name, address, phone number, and email address, as well as a user name and password (“Required Contact Information”). In addition, the Company may be given data about you, the organization you represent, or a third party, such as information the organization you represent provides to the Company when it registers with the Network.
When purchasing the Services, the Company may require you to provide the Company with financial qualification and billing information including, but not limited to, billing name and address, and the number of employees within the organization that will be using the Services (“Billing Information”).
Required Contact Information, Billing Information, and optional information about Customers are referred to collectively as “Data About Customers”.
As you visit or navigate the Site, the Company may also collect information through the use of commonly-used information-gathering tools including, but not limited to, cookies and Web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol address, geolocation and the actions you take on the Site (such as pages viewed and links clicked).
When a Customer uploads or creates a subscriber list or puts together a promotional campaign via the Services, the Company has access to any data contained in such an email distribution list and/or the information in such an email campaign.
When a Customer sends messages through the Services, the Company always tracks who opened/viewed the message and who clicked on any of the hyperlinks included. This information is used to measure and report the performance of campaigns, and to improve the Services.
The Company may obtain additional information about a Customer’s recipients from third-party service providers. The Company may obtain from such third party service providers information linked to the email address or other information contained in a Customer’s recipient list or campaign, such as a name, age and participation in social media websites.
The Company does not record the names or email addresses of Site Visitors who do not register as Network users unless such users subscribe to receive information via electronic mail.
To protect children’s personal information, the Company does not knowingly collect any personal information from persons under the age of sixteen (16) that can be used to specifically identify them and the Company does not permit persons under the age of sixteen (16) to use the Network.
If you believe the Company might have any information from or about underage children, please contact the Company at email@example.com.
3. Subscriber lists, Campaign content and Campaign reports
The Company ensures that all subscriber lists, message content and reports remain private and confidential. The Company may scan the content of your campaigns to ensure it complies with the Terms. The Company will not sell, rent, loan or invite external access to a customer’s contact lists. Nor will Company themselves use customer’s contact lists for any purpose.
4. Use of information collected
The Company uses Data About Customers to perform the Services you request. For example, if you fill out a “Contact Me” Web form, the Company will use the information provided to contact you about your interest in the Services.
The Company may also use Data About Customers for marketing purposes with your prior express consent. For example, the Company may use information you provide to contact you to further discuss your interest in the Services and to send you information regarding the Company, its affiliates, and its partners, such as information about promotions or events.
The Company may use Data About Customers to help enforce compliance with the Terms, the Company’s Anti-Spam Policy and applicable law including, but not limited to, helping to create white lists and blacklists, to develop and test algorithms, heuristics and other methods and tools for detecting violations and to apply those methods and tools to the Services.
The Company uses Data About Customers to provide customer support and obtain feedback.
The Company uses Web Site Navigational Information to operate and improve the Network. The Company may also use Web Site Navigational Information alone or in combination with Data About Customers to provide personalized information about the Company and the Services. Company may use both Data About Customers and Web Site Navigational Information to enforce the Company’s policies, or to protect the Company’s rights and intellectual property or the rights of others using the Company’s Site or the Services.
5. Sharing of information collected
The Company uses Stripe™ as a payment intermediary service to receive payments and to manage credit card processing. Stripe is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on the Company’s behalf.
The Company reserves the right to use or disclose any information provided if required by applicable law, if the Company reasonably believes that use or disclosure is necessary to protect or enforce the Company’s rights, if the Company reasonably believes use or disclosure is necessary to protect the safety of any person, and/or to comply with a judicial proceeding, court order, or legal process. Whenever your information is disclosed under this paragraph, the Company may also disclose such information on a non-aggregated, non-anonymous basis.
The Company may share Data About Customers, or any other information to a third party in connection with a merger, sale, or acquisition, or a bankruptcy. Also, the Company may disclose your information to affiliated legal entities and businesses with whom the Company is under common corporate control. Again, when your information is disclosed under this paragraph, the Company may also disclose such information on a non-aggregated, non-anonymous basis.
The Company may also share Data About Customers or any other information with its service providers, business partners, suppliers, sub-contractors or agents who perform services for it, as well as its professional advisers (including the Company’s lawyers, bankers, auditors and insurers), and analytics and search engine providers that assist the Company in the improvement and optimization of the Network.
6. Retention of Information
Following termination or deactivation of your account with the Network, the Company may retain information, including profile information and any other Data About Customers, in order to comply with applicable law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, enforce its rights under its agreements with you, for backup, audit or regulatory purposes, and for other actions permitted by law.
Otherwise the Company will only retain your personal data for as long as reasonably necessary to fulfill the purposes for which it originally collected such information. To determine the appropriate retention period for personal data, the Company considers the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which the Company processes your personal data and whether the Company can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
7. International Transfers
From time to time, personal information the Company collects from data subjects in the European Economic Area (“EEA”) may be transferred to, stored, processed or accessed by, the Company and other entities who may be based outside of the EEA, for example, the United States. Also, the Company may allow its service providers or assistance providers, who may be located outside the EEA, to access your personal data. In addition, the Company may make other disclosures of your personal data outside the EEA, for example, in the event the Company receives a legal or regulatory request from a foreign law enforcement body.
The Company will always take steps to ensure any transfer of such information to entities based outside the EEA is carefully managed to protect your rights and interests by implementing appropriate safeguards to protect your personal information. Your personal data may be transferred to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. To find out which countries are covered by this, please see here.
Where there is no adequacy decision by the European Commission in respect of a country (to the extent that they are outside the EEA), which means it is not deemed to provide an adequate level of protection to your personal data, the Company will ensure your personal data receives an adequate level of protection. For example, each such transfer to a third party will be protected by contractual commitments and further assurances (where appropriate) such as the European Commission’s approved Standard Contractual Clauses.
8. Correcting and updating your information; Communications from the Company
The Company does it’s best to keep Customers’ data accurate and up-to-date. If your data changes (including, but not limited to, a change in Customer’s email address) you are responsible for notifying the Company of those changes so that Company can keep your records up-to-date.
If you receive one or more emails from the Company, it means one of two things: (i) your email address is on the Company’s list of customers or prospective customers; or (ii) you have provided the Company your email address so that it could contact you. If you believe you receive an email from the Company in error, please contact the Company immediately at firstname.lastname@example.org.
The Company provides you with the opportunity to opt-out of receiving marketing communications from it at any point in time. If you wish to cease receiving marketing emails and other communications from the Company, you can opt-out by contacting the Company at email@example.com.
In addition to the above rights of access, correction, amendment or deletion, if you live in the EEA, subject to applicable law, you may have some or all of the following rights with respect to your personal information:
(i) to restrict processing of your personal data if the data is inaccurate, the processing is unlawful or the Company no longer needs it for the purpose for which it holds it;
(ii) to transmit your data (as provided by you, directly or otherwise collected by the Company by virtue of your use of the Network) in machine-readable format to you or to a third party when the Company justifies our processing on the basis of your consent or the performance of a contract with you;
(iii) to withdraw your consent to the Company’s processing of your personal data (where that processing is based on your consent);
(iv) to obtain, or see a copy of the appropriate safeguards under which your personal data is transferred to a third country or international organization;
(v) to object, at any time, to the processing of your personal information, on legitimate grounds, except if otherwise permitted by applicable law;
(vi) to erase your personal data (in limited circumstances, such as where it is no longer necessary in relation to the purposes for which it was collected or processed); and
(vii) to file a complaint with your local supervisory authority for data protection.
You can exercise the above rights by: (i) email sent to firstname.lastname@example.org; or (ii) mail sent to: Soundest LLC, Attn. Legal department, Verkiu str. 25C, Vilnius, Lithuania. If you establish a membership account with the Network, you may make changes to the Required Contact Information by accessing your account settings.
Please note that if you ask the Company to stop processing your personal data in a certain way or erase your personal data, and this type of processing or data is needed to facilitate your use of the Network you may not be able to use the Network as you did before, or at all. This does not include your right to object to direct marketing, which can be exercised at any time without restriction. Please allow at least five (5) working days for your request to be addressed.
Please note that the rights mentioned above do not extend to non-personal data. Please also note that it may be necessary to retain your personal data for the purposes of assessing and verifying data that is submitted to and/or held on the Network, and to manage the Network; your rights under applicable law may be limited accordingly.
The Company takes precautions, including administrative, technical, and physical measures – to help safeguard Data About Customers and other data transmitted to or from the Network against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. No data transmissions over the internet, however, are guaranteed to be completely secure. While the Company strives to protect your data from unauthorized use or disclosure, the Company does not warrant or guarantee the security of the data that you provide to the Company; any transmission is at your own risk.
Customers are solely responsible for protecting their user names, passwords, biometrics or other forms of authentication, limiting access to their computers, and signing out of the Services after their sessions. In order to protect you and your data, the Company may suspend your use of the Network without notice, pending an investigation, if any breach of security is suspected.
The Company will notify Customer, as soon as possible, if a breach in security results in an unauthorized intrusion into Company’s system which materially affects Customer or people on Customer’s databases, and will subsequently report the corrective action taken in response to the intrusion.
10. Information Choices and Changes
You may request to review, correct, delete or otherwise modify information you have previously provided to the Company through the Network. You have the right to ask the Company not to collect, use, process or disclose information about you in any of the manners described herein. This will affect your user experience. You can notify the Company of your intention to halt the collection, use, processing, or disclosure of your Required Contact Information at any time by contacting the Company at email@example.com.
Some personal information is automatically collected via the use of data analytics tools. If you object to such collection, your only choice is not to access the Network.
There are two types of cookies: session-based cookies and persistent-based cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. They include such information as a unique identifier for your browser. Standing alone, cookies do not contain personal data, and therefore do not identify you personally; they merely recognize your browser. Also, the Company may use other standard technologies including, but not limited to, pixel tags and web beacons, to track visitors to the Network. These technologies also help the Company to gather information including, but not limited to, the number of visitors to the Network, how visitors arrived at the Network, and the pages those visitors accessed. This information also helps the Company to improve the appearance and content of the Network and enhances the functionality of Network resources. Unless you choose to identify yourself to the Company by using the Network, you will remain anonymous to the Company. You may delete cookies if you no longer wish to store them on your computer.
The cookies the Company uses do not transmit personally identifiable information to it or to its service providers. You have the choice to opt-out of receiving cookies from both the Company and third parties which will prevent the Company and third parties from tracking information about the online advertisements that you visit. Please note that you still will have the ability to view the Company’s online advertisements even if you opt-out of receiving cookies or if you choose to disable cookies, you may still use the Network; however, you may have limited access to some areas of the Network.
If you wish to opt out of receiving cookies from the Company, please contact firstname.lastname@example.org. To opt-out of receiving cookies from the Company’s third parties, please contact email@example.com.
For more detailed information about cookies and how they can be managed and deleted, please visit www.allaboutcookies.org.
13. Notice to California Residents
Pursuant to California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Compliant Assistance Unit of the Division of Consumer Services for the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
14. Notice to EEA Data Subjects
15. Legal Basis for Processing
(i) comply with laws that apply to the Company;
(ii) protect the vital interests of a natural person, such as in an emergency or to protect you or the Company from threats (such as security threats or fraud);
(iii) enable the Company to administer its business, such as for quality control and customer service;
(iv) manage corporate transactions; and/or
(v) understand and improve the Company’s business and customer relationships generally.
Attn. Legal department, Verkiu str. 25C, Vilnius, Lithuania
If you want to submit a security issue, please contact the Company via email at firstname.lastname@example.org