GLOBAL PRIVACY/DATA PROTECTION POLICY OF YESWARE, INC.

 

Effective: April 1, 2011
Last Revised: October 17, 2013

WELCOME
This Privacy/Data Protection Policy (“Privacy Policy”) is designed to help you understand how Yesware, Inc. (“Yesware”, “we” or “us”) collects and uses the information, including personal data, that you share when you use www.yesware.com and its associated domains (together, the “Site”), as well as the information, software or services available through the Site (collectively, “Services”).  Except where otherwise expressly indicated in this Privacy Policy or on the Site, this Privacy Policy applies only to information collected on the Site and through the Services and does not apply to information that we receive off-line.

Yesware, Inc. has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program covers information collected through this Web site, www.yesware.com and does not cover information that may be collected through downloadable software or information that may be collected through our mobile applications. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at support@yesware.com.  If you are not satisfied with our response you can contact TRUSTe here.

Before submitting information to the Site or Services, please review this Privacy Policy carefully.  By using or accessing the Site or Services, and/or communicating with a Yesware agent via mail, email or telephone you are accepting the practices described in this Privacy Policy.  You are responsible for submitting accurate information to the Site.  If you prefer that we not collect your personal information, please do not provide it to us.  When you submit your personal and other information on the Site, you hereby consent to the collection, use and disclosure of such information as set forth in the Privacy Policy.

USERS OUTSIDE OF THE UNITED STATES

The Site is hosted in the United States and is governed by United States law. If you are outside the United States when you visit the Site or engage in communications with a Yesware agent via mail, e-mail or telephone, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Site and/or communicating with a Yesware agent via mail, email or telephone, you consent to your information being transferred to our facilities in the United States and to the facilities of those third parties with whom we share it as described in this Privacy Policy.

INFORMATION WE COLLECT
We collect the information that you share with us, including:

1. Personal Information: "Personal Information", or personal data as it is called in some countries, is information that can personally identify you.  We maintain one or more databases in the United States to store your Personal Information and may retain it as reasonably required to fulfill the purposes identified herein.  Personal Information that we collect depends on how you use the Site.  For example, if you register to use or use any of the Services, we may collect your name, email address, telephone number, information about other software that you use and the email addresses that you provide to us.  If you use access and use the Site and/or Services through a mobile device, Yesware may collect information regarding your GPS location, your IP addresses, and associated services from your mobile device.  Providing your Personal Information to us is your choice.  If you choose not to provide us with certain Personal Information, you may not be able to take advantage of certain features of the Site and Services; and

2. General Information:  When you visit the Site, we may collect various categories of general non-personal information (“General Information”).  General Information includes browser information, operating system information, and the date, time, length of stay and specific pages accessed during your visits to the Site.  When possible, General Information may be linked to Personal Information.

We also may collect information from the people with whom you interact by email when you use the Site and Services.  This information may include the number of times that the recipient opens your email, the recipient’s IP address and the computer platform that the recipient is using. 

Yesware does not store your credit card information.  If you purchase Services, your credit card information is processed and stored by Stripe (https://stripe.com/). 

COOKIES & OTHER ONLINE IDENTIFICATION TOOLS
A “cookie” is a small file or tool sent from a website to your web browser and stored on your computer.   A “session cookie” is comprised of temporary bits of information that are erased once you exit your web browser or turn off your computer.  A “persistent cookie” is comprised of more permanent bits of information that are placed on the hard drive of your computer and stay there until you delete the cookie.  A persistent cookie enables a website to recognize you when you return.

Yesware uses various types of session and persistent cookies to help you access and navigate the Site more efficiently, to customize your experience of the Site and Services, to store certain information that you previously provided (such as username and password), to authenticate users and to statistically monitor how many users are using the Site and Services.  We suggest that you set your browser to notify you when a cookie is placed or decline the receipt of cookies; however, certain features of the Site and Services will not function properly or be available if your browser is configured to disable cookies.

The use of cookies by our partners is not covered by our privacy policy.  We do not have access or control over these cookies.  Our partners use session ID cookies to provide us with information about how you use our service. 

Yesware also may use web beacons (a.k.a. clear GIFs, web bugs or pixel tags) to personalize your experience of the Site and Services.  Web beacons usually are not visible to you and are delivered by a web browser as part of a web page request or in an email.  Web beacons collect General Information, such as the number and time of interactions with an email containing a web beacon, the type of browser used and IP address.  Web beacons may be use alone or in conjunction with cookies; when web beacons are used with cookies, they may link General Information to Personal Information.

We use local storage objects (LSOs) to store content information and preferences [or – other uses].

Third Parties, with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity, use LSOs to collect and store information.

Various browsers may offer their own management tools for removing HTML5 LSOs. To manage Flash LSOs please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

We partner with a third party ad network to either display advertising on our Web site or to manage our advertising on other sites.  Our ad network partner uses cookies and Web beacons to collect non-personal information about your activities on this and other Web sites to provide you targeted advertising based upon your interests.  If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here.  Please note this does not opt you out of being served advertising.  You will continue to receive generic ads.

 

Widgets

Our Web site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

HOW WE USE PERSONAL INFORMATION
Except as specified in this Privacy Policy, Yesware does not rent, sell, trade or disclose your Personal Information to third parties without your informed consent.

Some specific examples of how Yesware may use your Personal Information are:
1. to provide you with information about how you are using email;
2. to customize, analyze, adjust and improve the Site and Services to better meet your needs;
3. to facilitate communication between Yesware and you;
4. if you are the member of a Yesware team (employee), to provide your team manager with information about the templates that you create and the data associated with your use of the Site, Services and your email account. (n.b., Yesware is not responsible for how your team manager uses or discloses this information);
5. if you provide us with information about other software and services that you use, we may use your Personal Information to try to synchronize your emails with such other software and services;
6. to provide you with information that may interest you, such as our newsletters or emails about our products and services (this information contains a subscriber link allowing you to opt out);
7. to provide you with marketing and promotional information about products and services we believe may interest you(this information contains a subscriber link allowing you to opt out);
8. to administer a survey (if you consent to participate in the survey via a response email);
9. in a customer testimonial posted on the Site;
10. to enforce Yesware’s agreements with you;
11. to provide you with important administrative information regarding the Site and Services, such as changes to this Privacy Policy, our Terms of Use and our other policies; and
12. to prevent fraud and other prohibited or illegal activities.

DISCLOSURE OF THE INFORMATION THAT WE COLLECT
Unless you have consented or as otherwise described in this Privacy Policy, we will not disclose your Personal Information except for:

1. Affiliates.  We may share your information with our affiliates, including, but not limited to, our strategic business partners, who may use your information for purposes similar to the purposes for which Yesware collects such information.  Yesware requires all such companies to comply with the terms of this Privacy Policy;

2. Fulfillment of Services.  Yesware may retain other companies and individuals to perform functions consistent with our Privacy Policy on our behalf.  Examples include customer support specialists, web hosting companies, fulfillment companies (e.g., companies that fill product orders or coordinate mailings), data analysis firms, payment services firms and email service providers.  Such third parties may be provided with access to Personal Information needed to perform their functions, but may not use such information for any other purpose;

3. Compliance with Law and Fraud Protection: We may disclose any information, including, without limitation, Personal Information, we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law such as to comply with a subpoena, regulation, binding orders of a data protection agency, legal process or governmental request.  Yesware reserves the right to disclose your Personal Information if we believe you have or are violating our Terms of Use or in order to protect or defend Yesware’s rights or property, even without a subpoena, warrant or other court order; and

4. Sale or Transfer of Information: In the event of a sale, merger, liquidation, dissolution or sale or transfer of substantially all of the assets of Yesware or the Site, Personal Information and/or other information collected through the Site may be sold, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of Yesware, the Site and/or Services.  In the unlikely event of an insolvency, bankruptcy or receivership, your information also may be transferred as a business asset.  By using the Site and Services and submitting your information to us, you consent to the sale and transfer of your information as described in this paragraph. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

CONTROLLING YOUR PERSONAL INFORMATION
If you tell us that you do not want us to use your Personal Information to contact you, Yesware will comply with the applicable law. You may instruct Yesware to stop sending you emails, newsletters or other information by sending an email with your name, address, email address and your opt-out instructions with “UNSUBSCRIBE” in the subject line of such email to support@Yesware.com or, if available, following the ‘unsubscribe’ instructions provided.  Yesware may, however, continue to use your Personal Information to contact you to service your account or as otherwise authorized by law.  Please note that if you use more than one name or e-mail address when communicating with Yesware or using the Site, you may continue to receive communications from Yesware to any name and/or email address not specified in your opt-out request.

If you would like to modify or delete your Personal Information, please send an email to support@yesware.com with clear instructions in the body of the email about what you would like to modified or deleted. We will respond to your request to access within 30 days.

We will retain your information for as long as your account is active or as needed to provide you services.  We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Invite-A-Friend

If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address.  We will automatically send your friend a one-time email inviting him or her to visit the site.  Yesware stores this information for the purpose of sending this one-time email and tracking the success of our referral program. 

Your friend may contact us at support@yesware.com to request that we remove this information from our database.

Customer Testimonials

We post customer testimonials on our web site which may contain personal information.  We do obtain the customer's consent via email prior to posting the testimonial to post their name along with their testimonial. To request removal of your personal information from Testimonials please contact us at support@yesware.com.

Blog / Forum

Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at support@yesware.com.  In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Single Sign-On

You can log in to our site using sign-in services such as Google’s OAuth. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form or create your account.

SECURITY
Yesware has implemented technical, administrative and physical security measures to protect your information from unauthorized access and use as described in our Yesware Security Overview. While Yesware strives to protect your information, no data transmission over the Internet is 100% secure and, consequently, we cannot ensure the security of any information. When you enter any information (including a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

OUR SITE IS NOT FOR USE BY MINORS

We do not knowingly collect information from minors. To use the Site and Services, you must be the age of legal majority in your place of residence.  By using the Site and Services, you hereby represent that you are at least the age of legal majority in your place of residence.  We do not use an application or other mechanism to determine the age of users of the Site and Services.   All information provided to Yesware will be treated as if it was provided by an adult.  If, however, we learn that a minor has submitted information about himself/herself to us, we delete the information as soon as possible. 

THIRD PARTY LINKS
We may provide links to third-party web sites that we do not own or control.  We are not responsible for the information collection practices of any website that we do not own or control.  We encourage you to review and understand the privacy practices of third-party websites before providing any information to or through them. 

MODIFICATIONS
We may occasionally update this Privacy Policy to reflect changes in our practices. When we post modifications to this Privacy Policy, we will revise the “Last Revised” date at the top of this web page.  The modified Privacy Policy will be effective immediately upon posting on the Site. Your continued use of the Site or Services after the posting of the modified Privacy Policy constitutes your agreement to abide and be bound by it. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.   If you object to any modification, your sole recourse is to stop using the Site and Services.

CALIFORNIA RESIDENTS 
California law permits individuals who provide Yesware with Personal Information and who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.  Yesware does not, at this time, disclose Personal Information to third parties for their direct marketing purposes.  If Yesware changes this policy, we will update this provision and provide instructions on how you may make a request for details concerning such information. 

SEVERABILITY
The invalidity or unenforceability of any provisions of this Privacy Policy in any country shall not affect the validity or enforceability of any other provision of this Privacy Policy, which shall remain in full force and effect.

GOVERNING LAW AND DISPUTE RESOLUTION
This Privacy Policy and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of laws.  You acknowledge and agree that any legal action or proceeding between you and Yesware for any purpose concerning this Privacy Policy shall be brought exclusively in a federal or state court of competent jurisdiction in Boston, Massachusetts.  For disputes involving an amount less than $10,000, the parties agree to resolve the dispute through binding arbitration to be held in Boston, Massachusetts under the rules of the American Arbitration Association.  Any claim arising out of this Privacy Policy must be brought within one (1) year of the date on which the claim arose. 

QUESTIONS ABOUT OUR PRIVACY POLICY
If you have questions about this Privacy Policy or Yesware generally, please contact us at support@yesware.com.

You can also send us physical mail to:

Yesware, Inc
109 Kingston St,  5th Floor
Boston, MA 02111