GLOBAL PRIVACY/DATA PROTECTION POLICY OF YESWARE, INC.
Effective: April 1, 2011
Last Revised: September 25, 2015
USERS OUTSIDE OF THE UNITED STATES
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 or if you wish to contact us, we may collect your name, email address, information about other software that you use and the email addresses that you provide to us. If you download and use the Site and/or Services through a mobile device, Yesware may collect information regarding the type of device you use, operating system version, the device identifier (or “UDID”), your IP addresses, and associated services from your mobile device. We do not ask for access or track any location-based information from your mobile device at any time while downloading or using our Application. We may occasionally send you push notifications through our mobile application to send you email and event notifications and other service related notifications that may be of importance to you. You may at any time opt-out from receiving these types of communications by turning them off at the device level through your settings. 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 do this to improve services we offer you, and our analytics.
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.
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.
- Flash LSOs
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.
- Behavioral Targeting / Re-Targeting
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any Personal Information you submit within the mobile app.
HOW WE USE PERSONAL INFORMATION
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;
12. to prevent fraud and other prohibited or illegal activities.
DISCLOSURE OF THE INFORMATION THAT WE COLLECT
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.
5. Frames: Some of our pages utilize framing techniques to serve content to from our partners while preserving the look and feel of our Site. Please be aware that you are providing your Personal Information to these third parties and not to www.yesware.com.
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 submitting a request at help.yesware.com with your name, address, email address, and your opt-out instructions with “UNSUBSCRIBE” in the subject. 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 submit a request at help.yesware.com with clear instructions about what you would like modified or deleted. We will respond to your request 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.
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 by submitting a request at help.yesware.com to request that we remove this information from our database.
Collection and Use of 3rd Party Personal Information
You may also provide personal information about other people, such as their email address. This information is only used for the sole purpose of completing your request or for whatever reason it may have been provided.
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 by submitting a request at help.yesware.com.
Blog / Forum
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.
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). If you have any questions about security on our Web site, you can contact us by submitting a request at help.yesware.com.
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.
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.
GOVERNING LAW AND DISPUTE RESOLUTION
Yesware has further committed to refer unresolved privacy complaints under the US–EU and US–Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/council/eusafeharbor/bbb-eu-safe-harbor-dispute-resolution-program/ for more information and to file a complaint.
You can also send us physical mail to:
75 Kneeland Street, 15th Floor
Boston, MA 02111