Last Updated: September 1, 2009
To make this Policy easy to find, it is posted on the home page of each StrongMail Website, and the relevant portion(s), or a summary thereof, are required by StrongMail to be posted at each point where information is requested or collected, by us or by a third party using StrongMail technology to collect, process and/or share information for a social media use (customer, client and/or user).
In this Policy "personal information" (also known as PII for personally identifying information or a similar construction) is specific information that reveals the identity of a person, and may also include particular or aggregated data points that reveal the preferences and/or attributes of such person. We do not consider personal information to include information that has been anonymized or aggregated, so that it does not identify a specific person.
This Policy becomes effective between you and StrongMail through one or more methods of signed contract and/or access to and continued use of a product, service and/or StrongMail website, currently located at http://www.strongmail.com and http://strongmailsystems.co.uk, as well as any client, customer end user or friend interface to a StrongMail web site (each a "Website" and together the “Websites”). Website acceptance includes initial access and continued use, clickthrough acceptance of terms and conditions via download or otherwise, and/or collection of information in activating or using a product or service, including without limitation technical support. Each of these methods of acceptance is referred to herein as an “Agreement”.
StrongMail may amend this Policy at any time by posting a revised version on its Website(s). The revised Policy will be effective at the time of posting. If any such revised Policy includes a substantial change, including without limitation one that may or will affect any personal information that we have already collected, we will make reasonable efforts to notify you of the changes and to give you the opportunity to opt out.
If you have questions about this Policy please contact us at the address below.
How we collect information about you and/or your clients, customer or users (including information they share)
I. Website use and forms
- IP Address/log information
When users visit the StrongMail Website(s), we (or companies we hire to track how people use our Website(s)) may collect (automatically log) the user’s IP address (the unique address identifying a computer on the internet) and standard web log information, such as browser type and the pages accessed on the Site(s). The IP address will be automatically recognized by our servers.
In addition to the preceding section, when a user visits the StrongMail Website(s), we (or companies we hire to track how people use our Website(s)) may place small data files called "cookies" on the visiting computer. When a user accesses a service by login using password and/or user ID, we send a "session cookie" to the computer on log in. This type of cookie helps us recognize visits to multiple pages on the Website(s) during the same session, so that we don't need to ask for a password on each page. Once logged out or a browser is closed, this cookie expires and no longer has any effect. We may also use longer-lasting cookies for other purposes such as to display an email address on a sign-in form, to avoid the need to retype the email address on each log in to an account. We encode our cookies so that only we can interpret the information stored in them. A user is free to decline our cookies if the browser permits, but doing so may interfere with use of the website(s).
In addition, some pages on our Website(s) may ask the visitor to provide personal information (also known generally as PII for personally identifying information or similar reference), such as to receive communications or documents, or information about an event. Such information may include: name; email address; physical location/address; Entity affiliation; and Information about intended or desired use, interests and preferences.
In most cases, the visitor will receive a personalized message from one of our sales representatives with more information about the communication, document or event, or StrongMail's products or services, via phone or email. If the visitor has opted in to receive email communications from StrongMail during contact with a Website or sales representative, the visitor will receive regular communications from StrongMail until opting out using one of the clearly specified methods in the email communication.
II. If you become a customer through an Agreement
we collect the following types of information from you and/or your customers, clients and/or end users (including information they share about others) and use and protect it as set forth below.
- Setup/Identifying Information
Before permitting you to use a product or service, we may require you to provide information we can use to verify your identity, address or location, or to manage risk. Such information may include bank or credit card account information for automatic payments, taxpayer ID number, physical location of server(s), etc. We may also obtain information about you from third parties such as credit bureaus and identity verification services. When you are using a Service, we may collect information about your computer or other access device for fraud prevention purposes. You will also provide to StrongMail identifying information to set up and administer each service, from authorized user identification information, to business and technical contact information, which will be used to perform the service.
- On Demand/Cloud (hosting of StrongMail Platform and product(s))
You will provide, through your use of an On Demand/Cloud service, email addresses and other tailored information obtained by you (and not by StrongMail) respecting the individual(s) or entity(ies) you wish to contact (“Customers”) using the service(s). Such information includes without limitation names, preferences, and other information provided to you by the entity owning or possessing the information, at your collection point. In addition, if ordered by you, the features of a StrongMail product or service may collect information respecting the behavioral use by an individual or entity in your campaign, which may associate certain preferences with an email address and adjust a campaign in its contact with such Customer(s).
- Influencer/hosted social/viral product(s)
Through the Influencer and other social/viral product and service offerings, StrongMail hosts technology that enables customers, clients and/or users of StrongMail or of any such entity(ies) to seek and share information in turn from their customers, clients and/or users, including information that a user may share about others (“friends”). Such entity(ies) will enter information, including PII in the forms of addresses for email and other electronic delivery format(s), which addresses may reveal a name and/or personal characteristic that such person has represented in the address format. In addition, depending on the interface, campaign and message created by the customer, client or user, the entity(ies) entering information, including individuals, may enter information revealing their first and last name, mailing address, telephone number, and other information that can identify them, as well as email addresses and other information regarding friends. In addition, StrongMail will use the same Cookies and IP address/log in information collection practices as set forth in section I. above during visits to any website(s) associated with a StrongMail social media product or service.
- NOTE: It is the responsibility of each StrongMail customer, client and/or user, to provide and abide by its own online information practices, including presenting verbatim or a summary of the practices set forth in this section by way of notice, and to use only information it has authority to use in the manner used (by either permission or applicable law). In addition, it is the responsibility of each StrongMail customer, client and/or user, not to provide any information regarding, respecting or relating to any individual under the age of thirteen (13) and, where any applicable state law provides, under the age of eighteen (18). StrongMail will use personal information provided to it via the online hosted technology only to provide services to customers, clients and users. For example, email addresses may be used to send notifications and follow-up messages regarding a promotion being run by a customer, and it is customer’s responsibility to use such hosted information only as authorized by its own noticed online information practices, applicable law(s) and/or express permission. In addition, StrongMail will report to its customers, clients and/or users aggregated anonymous data pertaining to a customer, client or user that participated in a campaign, including without limitation generically the number of contacts in a participant’s email address book (but not any content, which StrongMail will not collect nor store unless the user requests that the StrongMail product or service collect and enter such information for such user to share a message). It is the responsibility of each StrongMail customer, client and/or user to use such anonymous information only in accordance with its noticed practices, applicable law and/or express permission. StrongMail will not sell, market, or distribute any personal information in any way to any third party(ies), except as specifically stated above and/or provided below. StrongMail does not initiate the collection of information and is not responsible for verifying ownership of any email address or age or location of any user. Any User may decline to provide personal information by choosing not to participate in a program offered by a StrongMail customer and/or client, or their users. Alternatively, anyone may elect to opt out of receiving any further message in a campaign or respecting other future communications from a StrongMail customer, client and/or user by replying to the message with an unsubscribe request according to the instructions provided with the campaign message.
In the performance of a support contract, StrongMail may collect individual business contact information from the person initiating the support contact, which will be used only to perform the support obligations. In addition, in troubleshooting and working on a resolution to any support issue, you may provide email addresses and preference information of your customers. StrongMail will use such information only to perform the support obligations.
III. Ad hoc
Finally, we may collect information from or about you in other ways not specifically described herein. For example, we may collect information when you respond to a survey, enter a contest or sweepstakes or participate in a similar outreach tool. Any information collected through these methods shall be used as provided in any announcement related to such item(s) and if none, then in accordance with Section 1 above (Website use and forms section).
IV. Blog/Message Board, email etc.
To the extent StrongMail makes available any forum for public comment, such as a blog, message board or chat space, posters should be aware that any profile information disclosed by them is available to all users of the applicable forum, and is thus neither private nor confidential. StrongMail cannot guarantee the security of any information disclosed or communicated online in such fora, and posters disclose any such information entirely at their own risk. StrongMail reserves the right at any time, in its sole discretion, to remove any content a poster may post on a blog, message board or chat space and restrict subsequent access to any such forum. StrongMail further reserves the right to republish any posting to any such forum elsewhere on the Internet in any format. When we are contacted via email, we answer by sending an email response to the sender. We also store the email we receive for archival purposes and for our own marketing purposes if we feel that it is consistent with the nature of the inquiry. We will not use return email addresses for any other purpose unless you give us permission to do so.
How we use personal information
We may use personal information to:
- provide products and/or services and customer support you request or order;
- process transactions and send notices about your transactions;
- resolve disputes, collect fees, and troubleshoot problems;
- prevent potentially prohibited or illegal activities, and enforce the Agreements and our Acceptable Use Policy(ies) and those of contracted third parties of which you have been made aware;
- customize, measure, and improve our products, services and the content and delivery of our products, services and Website(s);
- send you targeted marketing, product and/or service update notices, and promotional offers based on your communication preferences;
- compare information for accuracy and verify it with third parties
Where and how we store, process and protect personal information
Personal information collected is stored and processed on computers in the US, and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations. When processed as part of a hosted service, the information may be processed and stored on the servers of third party providers hired to provide the hosting, and our agreements with such parties require that they not use, disclose or shard the information
Transferring your personal information outside the European Economic Area
When you provide information in the EEA it is transferred to the USA where it is collected, processed and in some cases stored. The USA does not have the same data protection laws as the EEA, but we take appropriate steps to protect your privacy rights We use computer safeguards such as firewalls and we enforce physical access controls to our buildings and files. We authorize access to personal information only for those employees who require it to fulfill their job responsibilities
How we share personal information with third parties
StrongMail will not sell or rent any of your personal information to third parties in the normal course of doing business and only shares your personal information with third parties as described in this Policy. We may share your personal information with
- Members of the StrongMail corporate family to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you have consented.
- Service providers under contract who help with parts of our business operations; (fraud prevention, bill collection, marketing, technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
- Credit bureaus to report outstanding negative balance accounts, as allowed by law.
- Companies that we plan to merge with or be acquired by. (Should such a combination occur, we will require that the new combined entity follow this Policy with respect to your personal information. If your personal information could be used contrary to this Policy, you will receive notice.)
- In an insolvency or reorganization proceeding personal information may be considered an asset of ours and as such may be sold or transferred to third parties.
- Law enforcement, government officials, or other third parties when
- we are compelled to do so by a subpoena, court order or similar legal procedure
- we need to do so to comply with law
- we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Agreements, including our Acceptable Use Policy(ies) and those of contracted third parties of which you have been made aware.
- you have given your consent or direction to do so
The Website(s) may contain links to other websites we do not control or maintain. StrongMail is not responsible for the privacy practices employed by these other websites. We encourage you to note when you leave our Website(s) and to read the privacy statements of such other websites before submitting any personal information
StrongMail can be reached by contacting:
StrongMail Systems UK, Ltd is a company registered in England and Wales at 5 New Street Square, London EC4A 3TW. Reg. No. 6398867. VAT # GB 925 07 6228.
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