Privacy Policy

Last modified: March 14, 2019


Introduction

PushSend Marketing, Inc. (“Company” or “we”) respects your privacy and is committed to protecting it through compliance with this policy.

This Privacy Policy is incorporated into and is part of the Terms of Use (except where prohibited under applicable law), and describes the types of information we may collect from you or that you may provide when you visit our website or mobile applications or interact with any content, functionality, and services offered on or through the website or mobile application (collectively, the “Services”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

If you are a user in the European Union (EU), please see the “Users in the European Union” section of this Privacy Policy for additional information that applies to your use of the Services.

This policy applies to information we collect:

  • On the Services.
  • In email, text, and other electronic messages between you and the Services.
  • Through mobile and desktop applications you download from the Services, which provide dedicated non-browser-based interaction between you and the Services.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party (including any of our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Services.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. This policy may change from time to time. Unless you reside in the European Union, your continued use of the Services is deemed to be acceptance of this policy and any such changes, so please check the policy periodically for updates.

Regardless of where our servers are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world.


Children Under the Age of 18

Our Services are not intended for children under 18 years of age. No one under age 18 may provide any information on or to the Services. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us privacy@pushsend.com.


Information We Collect About You and How We Collect It

We collect several types of information from and about visitors to our Services, including information:

  1. such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline, about your internet connection, the equipment you use to access our Services and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the website and Services. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners, social media platforms you interact with, or other third-party service providers.

Information You Provide to Us

The information we collect on or through our Services may include:

  • Information, including your name, phone number, mailing address, billing address, company name, company size, credit card or other payment information that you provide by making transaction or filling in forms on our Services. We may also ask you for information when you report a problem with our Services.
  • Records and copies of your correspondence (including email addresses) and communications (including telephone calls), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Your search queries on the Services.
  • Information we process on your behalf, such as the names and email addresses of your contacts and the content of your campaigns.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Services.
  • Details of how you got to our Services and any links you click on to leave our Services; metadata about your use and your contacts’ use of our Services and your emails you send (including clicks and opens); your interactions with any videos we offer.
  • Information that your browser automatically sends to the server of our website when you enter our website: IP address of the requesting computer; date and time of access; name and URL of the accessed file; website from which access is made; if applicable, the search engine you used; the browser used; and, if applicable, the operating system of your computer as well as the name of your access provider (so called logfiles).

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically is statistical data but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Services according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Services

We may utilize cookies and other automatic data collection technologies, such as, web beacons (also known as “clear gifs” and “pixel tags”).

Cookies are small files placed on your computer that a website generates when you visit the website. On our website we use technically necessary and functional cookies, web analysis cookies and tracking cookies for advertising purposes.

Most of the cookies we use are technically necessary and functional cookies to enable you to use our website and the services offered on it (e.g. secure login, saving user preferences).

Moreover, we use cookies and other data collection technologies for web analysis and advertising. We will respond to “Do Not Track” signals we receive from your browser. We track your activities if you click on advertisements for our services on third party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements. Cookies allow us to count the number of visitors to the Services, distinguish repeat visitors from new visitors and track user trends. Advertisers and ad servers may use cookies and/or web beacons to monitor information related to advertisements. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. Our Privacy Policy covers the use of cookies by us and does not cover the use of cookies by any advertisers.

We may tie this information to personal information about you that we collect from other sources or you provide to us.

We use or may use services such as Google Analytics, Google Tag Manager, Bing Ads, LinkedIn, Kissmetrics, Yandex Metrica, Mixpanel, Facebook tracking pixels, and Twitter tracking pixels to help us understand how you find and interact with our Services.


Google Analytics

Google Analytics uses cookies which are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of the website (browser type/version, operating system used, referrer URL, host name of the accessing computer (IP address), date and time of the server request) are generally transferred to a Google server (in the USA) and stored there. On our behalf, Google uses this information to evaluate your use of the website, to compile reports on website activities and to provide the website operator with further services associated with website use and Internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. We never share any information we obtain from Google Analytics with any third parties for advertising or any other purpose unless compelled to do so by valid legal process. You may opt-out of Google’s collection by using the Google Analytics Opt-out Browser Add-on available here. Users from the EU/EEA please note the following: On our website, we have extended Google Analytics with the code “anonymizeIp()” to guarantee an anonymous collection of IP addresses (so-called IP masking). Google will therefore reduce your IP address by the last octet. The transfer of your information to a third country outside the EU is covered by an adequacy decision of the Commission (C/2016/4176 of 12 July 2016 – http://data.europa.eu/eli/dec_impl/2016/1250/oj) Users from the EU/EEA please note the following: On our website, we have extended Google Analytics with the code “anonymizeIp()” to guarantee an anonymous collection of IP addresses (so-called IP masking). Google will therefore reduce your IP address by the last octet. The transfer of your information to a third country outside the EU is covered by an adequacy decision of the Commission (C/2016/4176 of 12 July 2016 – (https://www.privacyshield.gov/EU-US-Framework).


Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. You can find information about the individual cookies by our key partners and opt out here:

You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our website and Services though your access to some functionality and areas of our site may be restricted. How you can refuse cookies through your web browser controls will vary from browser-to-browser. You should visit your browser’s help menu for more information. Here are the current relevant information pages for the main browsers:

In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/, http://www.networkadvertising.org/choices/ or http://youronlinechoices.com/.

To learn more about managing privacy and storage settings for Flash cookies, you can visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

To learn more about deleting and blocking cookies, you can visit http://www.allaboutcookies.org.


Third Party Integration

Our Services may contain links and provide integrations to other websites and the products and services of third parties. We provide these links and integrations as a convenience to you; we do not operate, control or endorse any third party. It is your choice whether to utilize these links and integrations or not. These external websites and products are subject to their own privacy policies.


How We Use Your Information

Our Services may contain links and provide integrations to other websites and the products and services of third parties. We provide these links and integrations as a convenience to you; we do not operate, control or endorse any third party. It is your choice whether to utilize these links and integrations or not. These external websites and products are subject to their own privacy policies.

  • To present our Services and its contents to you, for example, if you upload contact lists onto the Services, we will store, display, and provide analytic data about those contacts to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from our Terms of Use, including for billing and collection and to comply our legal obligations.
  • To notify you about changes to our Services or any products or services we offer or provide though it.
  • To bill you and collect money owed to us.
  • To respond to any support requests.
  • To detect, prevent, and resolve security and technical issues.
  • To provide you with useful content.
  • To diagnose problems with our servers or our Services.
  • To prosecute and defend a court, arbitration, or similar legal proceeding.
  • For data analytics.
  • To provide, operate, optimize, and maintain our Websites.
  • To send you information for marketing purposes, in accordance with your marketing preferences.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties or processors we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Services users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • If legally permissible, for any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use (terms of use) and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent (especially third party cookies). You can also delete cookies that have already been saved in your Internet browser settings. You can get help on how to change your cookie settings in the help function of your Internet browser, for example. Further information on this and on cookies in general can be found, e.g., at http://www.allaboutcookies.org/ and http://www.youronlinechoices.com/. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own products or services, you can opt-out by contacting us at privacy@pushsend.com. If we have sent you a promotional email, you may unsubscribe from future emails by clicking the “unsubscribe” link on the email footer.
  • We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@pushsend.com


Users in the European Union

The EU General Data Protection Regulation (GDPR) applies to personal information of persons in the EU. We process data in accordance with the provisions of the GDPR. For more details, please see the following section.


Controller

Controller in the meaning of Art. 4 (7) GDPR is:

PushSend Marketing, Inc. represented by Craig Diamond
325 North End Avenue
Suite 19D
New York, NY 10282
Phone: 917-599-9570
Email: privacy@pushsend.com


Legal Bases for Processing Information

As far as the GDPR applies, we process personal information on the following legal bases:

The legal basis for processing information based on your consent is Art. 6 (1) (a) GDPR. It applies, for instance, to your consent to receiving our newsletter or to our use of cookies (see above).

The legal basis for processing of information that is necessary for the performance of contracts and pre-contractual measures is Art. 6 (1) (b) GDPR. This may encompass the disclosure of information to others.

The legal basis for processing that is necessary for compliance with a legal obligation to which we are subject is Art. 6 (1) (c) GDPR.

The legal basis for processing that is necessary for the purposes of the legitimate interests is Art. 6 (1) (f) GDPR. We pursue, in particular, the following interests:

  • Detecting, preventing, and resolving security and technical issues;
  • Providing, operating, optimizing, and maintaining our Websites (this applies, in particular, for technically necessary cookies);
  • Direct marketing;
  • Answering your requests which are not related to a contract with us;
  • Prevention and investigation of criminal offences;
  • Assertion of legal claims and defense in legal disputes;
  • Outsourcing (when we disclose information to others, as described above, without it being necessary to perform a contract or for pre-contractual measures);
  • In case of passing on data to our subsidiaries and/or affiliates, to profit from cooperation and the division of labor with our subsidiaries and/or affiliates;
  • In case of passing on data to the buyer or other successor in an asset deal, to enable the buyer or other successor to continue business.

Transfer of Data to third countries outside the EU

Regardless of where our servers are located, we may process your personal data in the United States. Our processing in the United States is necessary if you want to visit our website and/use our services. If you do not want us to process your personal data in the United States, your choice is not to visit our website and/or use our services.

We comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (“Privacy Shield Frameworks”), as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions. This means that we are responsible for processing of personal data that we receive under the Privacy Shield Frameworks. We are also responsible for the personal data that we transfer to third parties acting as our agents.

We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement and liability.

As further discussed under “Your Data Protection Rights” below, you have certain rights to how we handle your personal data under the Privacy Shield Frameworks. If this personal data is to be used for a new purpose that is materially different from the purpose for which it was originally collected or subsequently authorized, or is to be disclosed to a non-agent third party, we will provide you with an opportunity to choose whether to have that personal data so used or disclosed. Requests to opt out of such uses or disclosures of should be sent to: privacy@pushsend.com.

We further are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission with respect to our data transfers under the Privacy Shield Frameworks. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at: privacy@pushsend.com. We have further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim for more information or to file a complaint. The services of JAMS are provided at no cost to you. Finally, as a last resort and in limited situations detailed in the Privacy Shield, EU and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.

If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Frameworks, and to view our certification, please visit https://www.privacyshield.gov/.


Storage Period

The period for which we store your personal information depends on the particular information. Generally, we process and store your personal information at least as long as we provide our Services. Moreover, the storage period also depends on the statutory limitation periods for legal claims and obligations that we may have.

The storage period for data we receive from using cookies and tracking pixels depends on the particular cookies/tracking pixels and is generally between 12 and 24 months.


Your Data Protection Rights

Under the law of some countries, you have the right of access (Art. 15 GDPR), the right to rectification (Art. 16 GDPR), the right to erasure (Art. 17 GDPR), the right to limitation of processing (Art. 18 GDPR) and the right to data portability (Art. 20 GDPR). You also have the right to object to data processing by us (Art. 21 GDPR).

More specifically, you have the right to:

  • Obtain a copy of the personal information that you provide us and that we maintain;
  • Correct, update or delete that personal information that we no longer have business reasons for retaining;
  • Restrict processing while we review any concerns you may have over the accuracy of the personal information we maintain;
  • Object to our data processing in certain circumstances, such as,
    • When we do not have to process the information to meet a contractual or other legal requirement,
    • When we are using the information for director marketing,
    • When we make decisions based exclusively on automated processing, such as profiling;
  • Withdraw your consent in instances where we must have your consent to contact you; and
  • Obtain a copy of the personal information that you provided us in a structured, commonly used, machine-readable format and/or to share (port) this information to another provider.

These rights may be limited, for example, if fulfilling your request would reveal personal information about another person, or if you ask us to delete information which we are required by law to keep or we have compelling legitimate interests in keeping (such as for fraud prevention).

Where our processing is based on your consent, you may withdraw your consent at any time by sending an email to privacy@pushsend.com or, e.g. for cookies and newsletters, as described in the relevant sections above. Please note that the withdrawal will only take effect for the future. The lawfulness of our processing based on your consent which took place before the withdrawal will not be affected.

To assert all these rights, please contact us via our postal or email address (see above under “Controller”). In addition, you may be able to access, review, edit, or delete personal information through your account login on our website.

Regardless of this, you have the right to file a complaint with a supervisory authority – in particular in the EU Member State where you are staying, working or allegedly infringed – if you believe that the processing of personal data concerning you violates the GDPR or other applicable data protection laws (Art. 77 GDPR).


Data Security

We take appropriate and reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted using SSL technology.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. To the extent permissible under applicable law, any transmission of personal information is at your own risk, and we expressly disclaim all responsibility for circumvention of any privacy settings or security measures contained on the Services


Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Services home page. If we make material changes to how we treat our users’ personal information, we will notify you by email or through a notice on the Services home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Services and this privacy policy to check for any changes.


Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at privacy@pushsend.com.

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