When we say “we,” “us”, “our,” and “SendPulse,” we are referring to SendPulse Inc., 220 E 23rd St #401, New York, NY 10010.
We provide online platforms that you may use to market to or stay in contact with others, including creating, sending, and managing emails and other information related to your Subscribers (the “Services”).
When we say “Member,” or “User,” we are referring to the person or entity that is registered with us to use the Services.
When we say “you,” we are referring either to a Member or to some other person who visits any of our Websites.
A “Subscriber” is a person you contact through our Services, or a person who you might choose to contact at some point in the future through the use of our Services. In other words, a Subscriber is anyone on your Mailing List or about whom you have given us information.
“Personal Data,” “Personal Information” means any information that identifies or can be used to identify you or a Subscriber, directly or indirectly, including, but not limited to, first and last name, date of birth, email address, gender, occupation or other demographic information.
A “Mailing List” is a list of Subscribers and all associated information related to those Subscribers (for example, email addresses).
While providing the Services, and as described in more detail below, we may collect Personal Data about a Website visitor, Member, person or email address on or related to a Mailing List, or Subscriber.
We do not knowingly collect or solicit Personal Data from anyone under the legal age (according to your jurisdiction). If you are under the legal age (according to your jurisdiction), please do not attempt to register for the Services or send any Personal Data about yourself to us.
If we learn that we have collected Personal Data from anyone under the legal age (according to your jurisdiction), we will delete that data as quickly as possible. If you believe that anyone under the legal age (according to your jurisdiction) have provided us Personal Data, please contact our Customer Support staff at email@example.com.
3. Contact us
If you have any questions or comments, or if you want to update, delete, or change any Personal Data we hold, or you have a concern about the way in which we have handled any privacy matter, please contact our Customer Support staff at firstname.lastname@example.org.
You may also contact us by postal mail at:
220 E 23rd St #401, New York, NY 10010
5. Your data
5.1. Data provided by the user
Data you voluntarily provide to us: When you sign up for and use the Services, consult with our customer support team, send us an email, integrate the Services with another website or service, or communicate with us in any way, you are voluntarily giving us information that we collect. That data may include your or your Subscribers
- email address
- physical address
- IP address
- phone number
as well as details including gender, occupation, location, purchase history, and other demographic information.
5.2. Data collected automatically
We may receive information about how and when you use the Services, store it in log files or other types of files associated with your account, and link it to other information we collect about you. This information may include, for example, your IP address, time, date, browser used, and actions you have taken within the application.
We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Service – for example, this data can tell us how often users use a particular feature of the Service, and we can use that knowledge to make the Service interesting to as many users as possible.
5.3. Cookies and tracking
“Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.
5.4. List and email information
When you add a Mailing List or create an email with the Services, we may access the data on your list and the contents of the email you are sending using SendPulse service.
5.5. Web beacons
We use web beacons on our Websites and in our emails. When we send emails to Members, we may track behavior such as who opened the emails and who clicked the links. This allows us to measure the performance of our email campaigns and to improve our features for specific segments of Members. To do this, we include single pixel gifs, also called web beacons, in emails we send. Web beacons allow us to collect information about when you open the email, your IP address, your browser or email client type, and other similar details. We also include Web Beacons in the emails we deliver for you. We use the data from those Web Beacons to create reports about how your email campaign performed and what actions your Subscribers took. Reports are also available to us when we send email to you, so we may collect and review that information.
5.6. Information from other sources
From time to time we may obtain information about you or your Subscribers from third party sources, such as public databases, social media platforms, third party data providers and our joint marketing partners. We take steps to ensure that such third parties are legally permitted or required to disclose such information to us. Examples of the information we may receive from other sources include: demographic information, device information (such as IP addresses), location, and online behavioral data (such as information about your use of social media websites, page view information and search results and links). We use this information, alone or in combination with other information (including Personal Data) we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products features, and services. SendPulse does not collect, retain or share end user information including unique user identifiers, or personally identifiable information gathered on sites or apps not owned by SendPulse.
5.7. Anonymous information
We may create Anonymous Information records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Information to analyze request and usage patterns so that we may enhance the content of our Services and improve website navigation. SendPulse reserves the right to use Anonymous Information for any purpose and disclose Anonymous Information to third parties in its sole discretion.
6. Public information and third party websites
Our Websites include social media features. These features may collect information about your IP address and which page you are visiting on our Website, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. We also maintain presences on social media platforms including LinkedIn, Google+, Facebook and Twitter. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.
7. Use and disclosure of personal information
We may use and disclose Personal Data only for the following purposes:
- For registration with our Service.
- To perform a contract in which you are involved as a party.
- To promote use of our Services to you and others.
- To send you informational and promotional content in accordance with your marketing preferences.
- To bill and collect money owed to us by our Members.
- For your participation in contests
- To send you System Alert messages.
- To communicate with our Members about their account and provide customer support.
- To protect the rights and safety of our Members and third parties, as well as our own.
- To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
- To provide information to representatives and advisors including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
- To prosecute and defend a court, arbitration, or similar legal proceeding.
- To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
- To provide, support, and improve the Services we offer.
- To provide suggestions to you.
- To transfer your information.
8. Your specific rights regarding personal data
Right to erasure (Right to be forgotten): You may terminate your account at any time, in which case we will permanently delete your account and all data associated with it.
You may delete individual Subscribers upon their request at any time. In addition, individual Subscribers may contact us directly to request deletion of their data from individual SendPulse user's accounts or across multiple SendPulse users' accounts (to the extent the Subscriber is on more than one SendPulse users list). It is important to remember that SendPulse lists work independently of each other, and deleting a Subscriber from one list does not ensure that same email address will also be deleted from other lists where it may be present.
Right to rectification: You may access and update your SendPulse account settings at any time to correct or complete your account information/ subscriber/contact information upon their request at any time. You may also contact SendPulse at any time to access, correct, amend or delete information that we hold about you. In addition, any data subject (including your subscribers and contacts) may contact SendPulse directly to access, correct, and/or delete information that SendPulse may hold about the data subject.
We will give an individual, either you or a Subscriber, access to any Personal Data we hold about them within 30 days of any request for that information. Individuals may request to access, correct, amend or delete information we hold about them by contacting our support (email@example.com). Unless it is prohibited by law, we will remove any Personal Data about an individual, either you or a Subscriber, from our servers at your or their request. There is no charge for an individual to access or update their Personal Data.
Right of portability: We will export your account data to a third party at any time upon your request.
9. Data collected for and by our members
As you use our Services, you may import into our system Personal Data you have collected from your Subscribers or other individuals. We have no direct relationship with your Subscribers or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals (explicit consent).
- Consent must be specific to your purposes.
- Silence, pre-ticked boxes or inactivity does not constitute consent; data subjects must explicitly opt-in to the storage, use and management of their personal data.
You should ensure that you are keeping accurate records of your subscribers’ and contacts’ consent permitting you and SendPulse to send them emails, store and use their personal data, and any other processing activities which you are undertaking.
Consistent with the uses of Personal Data covered in previous Sections, we may transfer Personal Data of you or your Subscribers to companies that help us promote, provide, or support our Services or the services of our Members (“Service Providers”). All Service Providers enter into a contract with us that protects Personal Data and restricts their use of any Personal Data consistent with this policy. As part of our Services, we may use and incorporate into features information you have provided, we have collected from you, or we have collected about Subscribers. We may share this information, including Subscriber email addresses, with third parties in line with the approved uses in previous Sections.
If you are a Subscriber and no longer want to be contacted by one of our Members, please unsubscribe directly from that Member’s newsletter or contact the Member directly to update or delete your data. If you contact us, we may remove or update your information within a reasonable time and after providing notice to the Member of your request.
9.1. Your mailing lists
A Mailing List can be created in a number of ways, including by importing contacts, such as through csv or directly from your email client. Your Mailing Lists are stored on a secure SendPulse server. We do not, under any circumstances, sell your Mailing Lists. If someone on your Mailing List complains or contacts us, we might then contact that person. Only authorized employees have access to view Mailing Lists. You may export (download) your Mailing Lists from SendPulse at any time.
We will use and disclose the information in your Mailing Lists only for the reasons discussed above.
10. Members and subscribers email tracking
SendPulse servers do not record email addresses of visitors or Members unless expressly specified for purposes such as means of identification for a service or tool available for registered and/or restricted use.
SendPulse will not sell or share Members email address to the third parties. Email addresses and other associated information generated by the Members are held in strict confidence.
SendPulse keeps Members email addresses in order to send Members follow up messages or company news, email addresses may be used also to market SendPulse products directly to the customers.
However, if you wish to avoid receiving any future email news from SendPulse, please:
- choose to unsubscribe from receiving SendPulse news and updates at https://login.sendpulse.com/login/ (this sections is available for SendPulse existing customers only) or
- reply back to our message with ‘UNSUBSCRIBE’ in the subject line.
11. Disclosing personal information to the third parties
We may disclose Personal Data to the following types of third parties for the purposes described in this policy:
- Service Providers. Sometimes, we share your information with our third party Service Providers, who help us provide and support our Services. For example, if it is necessary to provide you something you have requested (like enable a feature such as Social Profiles), then we may share your and/or your Subscribers’ Personal Data with a Service Provider for that purpose. Just like with the other third parties we work with, these third party Service Providers enter into a contract that requires them to use your Personal Data only for the provision of services to us and in a manner that is consistent with this policy.
- Social media as described above.
- CMS, CRM systems, other websites, integrated with our Services upon your request.
We may, from time to time, offer surveys, contests or other promotions on our Websites or through social media (collectively “Our Promotions”). Participation in our Promotions is completely voluntary. Information requested for entry may include personal contact information such as your name, address, date of birth, phone number, email address, username, and similar details. We use the information you provide to administer Our Promotions. We may also, unless prohibited by the Promotion’s rules or law, use the information provided to communicate with you, or other people you select, about our Services. We may share this information with our affiliates and other organizations or Service Providers in line with this policy and the rules posted for the Promotion.
13. Storing information under your account
Information placed and stored in the areas SendPulse Company websites (e.g., the Members’ personal account) designed for the storage and retrieval of personal data or providing you the services you have requested is tied to the username and password of the member whose Internet account information is stored under.
Information which is stored or which passes through our systems (e.g., email lists or email messages’ content, passwords, etc.) is considered the property of the account owner.
SendPulse Company does not monitor, review or read such information without the permission of the owner, except to the extent required to assure the proper functioning of all SendPulse service related systems.
Your Mailing Lists are stored on a secure SendPulse server. We do not, under any circumstances, sell your Mailing Lists. If someone on your Mailing List complains or contacts us, we might then contact that person. Only authorized employees have access to view Mailing Lists. You may export (download) your Mailing Lists from our Services at any time.
We will use and disclose the information stored under your account only for the reasons discussed above.
14. Accuracy and retention of data
We will retain Personal Data we process on behalf of our Members for as long as needed to provide our Services or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.
We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes, then you are responsible for notifying us of those changes. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Data. We will retain your information for as long as your account is active or as long as needed to provide you with our Services.
15. Your personal data protection
We take reasonable and appropriate measures to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
SendPulse does not store individual Internet account passwords in the accessible format, and will not divulge or change any passwords on any account without proper authorization from the account owner or responsible party.
In addition, any information collected through our websites or over the Internet is transmitted using current industry-standard security and/or encryption methods aimed at protecting our customer’s information from unauthorized access or use.
We recommend that you always keep your password private, and change it periodically in order to better protect your personal data.
Our servers and offices are located in the United States, Federal Republic of Germany, Russian Federation, Republic of Lithuania so your information may be transferred to, stored, or processed in that countries. While the data protection, privacy, and other laws of that countries might not be as comprehensive as those in your country, we take many steps to protect your privacy. By using our Websites, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in that countries and those third parties with whom we share it as described in this policy.
SendPulse guarantees that any actions regarding Personal Data are carried out in full compliance with this Policy and the principles set forth in the EU GDPR.