Effective: April 1, 2011
Last Revised: February 5, 2013
Yesware Inc. complies with the U.S. – E.U. Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from European Union member countries. Yesware Inc. has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Yesware Inc.’s certification, please visit http://www.export.gov/safeharbor
INFORMATION WE COLLECT
We collect the information that you share with us, including:
1. Personal Information: "Personal Information" is information that can personally identify you. We maintain one or more databases 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 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, IP address 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. You may 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 shared objects, also known as Flash cookies, to store your preferences such as volume control or high game score, or display content based upon what you view on our site to personalize your visit. Third Parties, with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity, use Flash cookies to collect and store information.
Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118
- Behavioral Targeting / Re-Targeting
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, 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;
7. to administer a survey;
8. in a customer testimonial posted on the Site;
9. to enforce Yesware’s agreements with you;
11. to prevent fraud and other prohibited or illegal activities.
DISCLOSURE OF THE INFORMATION THAT WE COLLECT
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, legal process or governmental request. Yesware reserves the right to disclose your Personal Information if we believe you have or are violating our Terms 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 respect your wishes. 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 email@example.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.
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 firstname.lastname@example.org to request that we remove this information from our database.
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 email@example.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 firstname.lastname@example.org. 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.
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. 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.
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
You can also send us physical mail to:
109 Kingston St, 5th Floor
Boston, MA 02111