1. SUBSCRIBER PROVISIONS
It shall also be stated in the agreement with the controller that the processor undertakes to carry out such security measures as ensue from section 13.
You agree to the processing of Your personal data by Us when You use the Site and Services.
2. DATA COLLECTION AND MAINTENANCE
Generally, we collect or maintain the following categories of data:
a. Customer Registration Data:
b. Customer Message Recipient Data:
c. Site Data:
Although the majority of our Subscribers are legal entities, some of the Customer Registration Data submitted or maintained by Us may identify or relate to an individual (“personal data”), rather than a company.
Any visitor to the Site is informed upfront that we are using cookies and other automated ways of collecting data. The visitor is given the opportunity to either accept or decline Our use of data.
3. PURPOSES OF COLLECTED DATA
We may use the information We collect and maintain, including any personal data, for the following purposes:
i. You have provided Your contact information to Us, We may use such information to contact You for marketing and promotional purposes by various means, including regular mail, e-mail, telephone or SMS (mobile telephone text messages).
ii. To process Orders, requests and payments, and to communicate with Our Subscribers about their accounts or any requests, Orders or payment;
iii. To provide requested Services to our Subscribers. The Services we provide may include certain marketing and promotional Services, including sending or facilitating the delivery of communications on behalf of and at the request of Our Subscribers. In such cases, Our Subscribers are responsible for the content and delivery of said communications.
iv. To respond to any inquiry submitted to Us and to provide technical support to You.
v. To tailor the content and information that We may send or display to You or Website visitors, to display targeted advertisements, and to otherwise personalize experiences at the Site;
vi. To better understand how Website visitors and Users access and use the Site and Services, both on an aggregate and individualized basis, for the purposes of improving the Site and Services and responding to visitor and Subscriber desires and preferences; and
4. DISCLOSING COLLECTED DATA
We do not trade personal data, whether Customer Registration Data or Customer Message Recipient Data, without prior consent from the Subscriber. We may however, disclose the information We collect or maintain, including personal data, without prior consent as described below:
Service Providers. We may disclose the information we collect from You to Our representatives, including Amazon, Inc. with data storage facilities in Europe, United States of America and/or Asia, and Braintree Payment Solutions, LLC. with payment processing facilities in the United States of America, who perform on our behalf: processing not limited to data storage and credit card processing to bill You for campaigns and Services and a live chat representative to assist us with customer service, marketing analysis, services to help manage our online advertising, customer relationship management services, internal system monitoring and performance services. These third parties are required to maintain the confidentiality, integrity and accessibility of personal data and are restricted to use such data only as directed by Us under strict confidentiality.
Company Transfer. If we are acquired by, assigned to or merged with another company, if part of our assets are transferred to another company, or as part of a bankruptcy proceeding, We may transfer the personal data We have collected to the acquiring legal entity. You will be notified via e-mail or proper notice on the Site thirty (30) days up front of any such disclosure of your personal data.
Aggregated and De-identified Information. We may share with third parties aggregated, anonymous, Subscriber information, such as data, for purposes of marketing, advertising, research or similar. We do not disclose any personal data to third parties.
5. REASONS FOR SENDING YOU E-MAILS
If you received one or more marketing or promotional e-mails (“commercial e-mails”) from Us, it means that a) your e-mail address is on Our list of Subscribers or Users; or b) You have provided Us Your e-mail address for communication. If You have received an e-mail from Us of which You are not the right recipient, please contact us immediately at email@example.com and delete the e-mail.
Subscribers may use Our Services to send commercial messages to recipients who have opted-in to receive such SMS, e-mails or other electronic messages, or with whom Subscribers have a previous relationship authorizing such communication. According to Our Anti-Spam Policy, Subscribers are not permitted to send unsolicited marketing or promotional messages, and are required to obtain opt-in consent from a recipient, prior to sending a commercial message to a recipient with whom the Subscriber does not have a previous relationship authorizing such communication. While we have a strict Anti-Spam Policy, we cannot guarantee that our Subscribers will always honor such policy. If you believe you have received a message from one of our Subscribers in error or in violation of our Anti-Spam Policy, please contact us immediately at firstname.lastname@example.org and delete the message.
We may send You Our newsletter, using Your name and e-mail address. You may also request Our newsletter. We provide you a way to unsubscribe to Our newslettersby following the unsubscribe link located at the bottom of each newsletter.
Similarly, each commercial e-mail sent by Our Subscribers through Our Services contains an unsubscribe link. Simply click on that link and follow the instructions to unsubscribe Your e-mail address.
If You have unsubscribed but continue to receive e-mail from Us or from one of Our Subscribers, you may report this to email@example.com Please note that unsubscribe requests may take up to five (5)working days to process.
7. OPT-OUT FROM RECEIVING SMS, CALLS AND E-MAILS
If You wish to opt-out from receiving SMS, telephone calls or e-mails from Us You may do so by e-mailing Us at firstname.lastname@example.org
8. PUBLIC FORUMS
The Site also offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas is visible to and may be read, collected, used or disclosed by other registered Site users or public visitors to the Site. To request removal of Your personal data from our blog or community forum, contact us at email@example.com. In order to post Subscriber testimonials on the Site which may contain personally identifiable information We do obtain the Subscriber’s prior consent via e-mail. To request removal of Your personal data from Our testimonials, contact Us at firstname.lastname@example.org.
9. SECURITY OF COLLECTED PERSONAL DATA
We use commercially reasonable available means of planned, systematic measures to ensure satisfactory data security with regard to confidentiality, integrity and accessibility in connection with the processing of personal data. We provide each User with an unique user name and password that must be entered when logging into the User’s account. No data security measures can guarantee one hundred percentage (100%)security at any time. While We strive to protect Your personal data from unauthorized use or disclosure, We do not warrant the security of the data that You provide to Us.
The security of Your personal data is important to Us. When You enter sensitive/confidential information (such as credit card number) on Our registration or Order Forms, We encrypt that information using “secure socket layer technology” (SSL).
If You have any questions about security on the Site, please e-mail Us at email@example.com
10. THIRD PARTY WEBSITES
The Site contains links to third party websites. We are not responsible for the privacy practices or the content of any third party websites. Subscribers who link to third party websites from the Site should check the privacy and security policy of such third party as We are not responsible for third party policies. Subscribers and Site visitors who access a linked third party site may be disclosing their personal information to the owner of said site. It is Your sole responsibility to keep such information private and confidential.
11. COOKIES AND OTHER TRACKING TECHNOLOGIES
Cookies: When You enter the Site, our web server sends a cookie to Your computer. Cookies are alphanumeric identifiers that We transfer to Your computer’s hard drive through Your web browser for record-keeping purposes. There are two types of cookies: session-based and persistent cookies. In addition, we may permit certain third parties to place cookies through our Site. We do not link the information we store in cookies to any personally identifiable information you submit while on our Site, other than by linking persistent cookies to our Subscribers.
Session Cookies. Session cookies exist only during an online session. The cookies disappear from Your computer when you close Your browser or turn off Your computer. We use session cookies to allow the Site system to uniquely identify You while You are logged into the Site. This allows Us to process Your online transactions and requests, and to verify Your identity after You have logged in, as You move through the Site.
Persistent Cookies. Persistent cookies remain on Your computer after You have closed your browser or turned off your computer. We use persistent cookies that only We, or Our service providers, can read and use, to identify the fact that You are or previously have been a Subscriber. We are especially careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies.
Disabling Cookies: Most web browsers automatically accept cookies, but if You prefer, You can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell You how to prevent Your computer from accepting new cookies, how to have the browser notify You when You receive a new cookie, or how to disable cookies altogether. Site visitors who disable their web browsers’ ability to accept cookies will be able to browse the Site but with a limited user experience; however, You must enable cookies in order to use Our Services.
Clear Gifs (Web Beacons/Web Bugs): We or the third parties we engage to track and analyze Site Data may employ clear gifs (a.k.a. Web Beacons/Web Bugs) to help Us better manage content on the Site. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Users and Site visitors. In contrast to cookies, which are stored on Your computer’s hard drive, clear gifs are embedded invisibly on Site pages. We do not connect the information gathered by clear gifs to our customers’ personally identifiable information.
We also use clear gifs in our HTML-based e-mails. They let Us know which e-mails have been opened by recipients, allowing Us to gauge the effectiveness of certain communications and marketing campaigns. For information on how to opt-out of receiving marketing e-mails from Us, or from Our Subscribers, please see the sections “Newsletters” and “Opt-out from receiving SMS, calls and e-mails” above.
Flash LSOs: We may use local shared objects, also known as Flash cookies, to store Your Site preferences, to personalize Your visit, or to display content based upon what You view on the Site. Third parties with whom we partner to provide certain features on the Site or to display advertising based upon Your web browsing activity, may use Flash cookies to collect and store information. We do not have access to or control over these third party cookies.
Flash cookies are different from browser cookies because of the amount and type of data stored. In addition, You cannot control, delete, or disable the acceptance of Flash cookies through Your browser. To learn how to manage Your settings for Flash cookies, visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118.
12. YOUR ACCESS TO YOUR INFORMATIONAND YOUR OTHER RIGHTS
a. Access to Your information
You may access and amend any contact information that We have collected from You by logging in to Your User accounts and changing Your account information. In addition, persons may request access to and modification of any personal data We have collected about You by e-mailing firstname.lastname@example.org. We will respond to Your request for access within thirty (30) days.
We will retain Your information for as long as your account is active or as necessary to provide You Services. If You wish to cancel Your account or request that We no longer use Your information to provide you Services, contact Us at email@example.com. We will retain and use Your information only as necessary to comply with Our legal obligations, resolve disputes, and enforce Our agreements.
b. Your Other Rights
We are not storing Your Data longer than necessary for fulfilling the terms of the Agreement including Appendices. You have a right to know what personal data we process about You. You have a right to have incomplete, incorrect, unnecessary or outdated personal data on the Site deleted or updated provided You have given Us the right information in this respect. You have a right to request that We stop processing Your personal data for direct marketing or market research purposes. However, withdrawal of Your consent to process Your personal data has no retroactive effect. If You opt-out from marketing and other communications from Us, We may still send You critical alerts pertaining to Our Services or contact You for these purposes. You may exercise Your rights by contacting Us via firstname.lastname@example.org. If You require Us to delete or stop processing Your personal data, the Services and Your access to the Site will be deemed terminated. Please note that We may need to identify You and to request additional information in order to be able to fulfill Your request. Please also note that applicable law may contain restrictions and other provisions that relate to Your rights.
13. YOUR RIGHTS (FROM ANTI-SPAM POLICY)
You have accepted Our Terms of Service prior to using the Services.
As part of the Agreement You agreed to only communicate with legal entities or persons who have consented to receiving Your communication or with whom You have a previous relationship authorizing such communication.
An opt-in can occur via a sign-up form on a website, either at a point-of-sale sign-up form, or on a physical sign-up sheet. Any opt-in form should include a clear description of what content will be sent from You and the frequency of messages to be sent.
a. You may:
• send a message and campaign to a recipient who has opted-in to receive your communications.
• send a message and campaign to a recipient with whom You have a previous relationship authorizing such communication.
• send out information and content to recipients who have requested to receive content on that topic from Your business or organization (“pull”).
14. REFUSAL OF PERSONS UNDER 18 YEARS OF AGE
Our Site and Services are not intended to be used by persons under eighteen (18) years of age. If we discover that a person under eighteen (18) year of age has provided us with personal data, We will remove it from the Site immediately.
15. HOW DO YOU SUBMIT A QUESTION OR A COMPLAINT