A. Information AudiencePoint Collects.
The Personal Information of Contacts that AudiencePoint may collect when Customers use the Services falls into the following categories:
i. Information AudiencePoint Receives from Customers. Customers may provide Personal Information about Contacts to AudiencePoint through the Services in connection with their use of the Services. For example, when a Customer imports an Address Book and other Personal Information about their Contacts. Contacts may have the opportunity to update some of this information by electing to update or manage preferences via an email received from a Customer.
1) Device information. AudiencePoint collects information about the device and applications Contacts use to access emails sent through the Services, such as IP Addresses, operating system, browser ID, and other information about system service and connection.
2) Usage data. AudiencePoint collects usage data whenever Contacts interact with emails sent through the Services, which may include the dates and times emails are accessed and browsing activities. AudiencePoint also collects information regarding the performance of the Services, including metrics related to the deliverability of emails and other electronic communications Customers send through the Services. This information allows AudiencePoint to improve optimization of the Services.
iii. Information AudiencePoint Collects from Third-Party Applications. From time to time, AudiencePoint may obtain information about Contacts from Third-Party Applications or Third-Party Sources, such as social media platforms and third-party data providers. AudiencePoint takes steps to ensure that such third-parties are legally or contractually permitted to disclose such information to AudiencePoint.
B. Use of Information.
AudiencePoint may use the Personal Information collected or received about Contacts for legitimate business interests, including:
i. Support Queries. To respond to inquiries which Contacts may submit to AudiencePoint. In which case, AudiencePoint may use Contacts email addresses to communicate with if Contacts have contacted AudiencePoint about an email received, but AudiencePoint will not send marketing to Contacts unless Contacts have otherwise opted-in to marketing.
ii. Support and Functionality of the Services. To ensure the full functionality of the Service, AudiencePoint collects information using Cookies about Contact interaction with an email sent from Customers through the Services. These Cookies are used to ensure that the full functionality of the Services is operational across all devices, and to fix bugs and troubleshoot functionality.
iii. Software Analytics. The Services tracks behavior at the aggregate/anonymous level to identify and understand trends in the various interactions with the Services. AudiencePoint uses information, like inferring geographic location. This Statistical Data will be aggregated and anonymized so AudiencePoint can examine patterns in terms of Contacts’ preferences as they relate to email engagement. AudiencePoint collects and uses all this data for AudiencePoint’s (and its Customer’s) legitimate interests, like providing Customers with metrics around probability of engagement related to email and other communication.
v. Other purposes. To carry out other legitimate business purposes, as well as other lawful purposes.
C. Cookies and Tracking Technologies.
Contacts can instruct their browsers, by editing their options, to stop accepting cookies or to prompt them before accepting a Cookie from the website that have been visited
D. Data Retention and Legal Basis.
AudiencePoint retains Personal Information its collects so long as AudiencePoint has a legitimate business interest to do so. Legitimate business interests typically include: improving, maintaining, providing, and enhancing the Services; and ensuring the security of the Services and the Website. When AudiencePoint has no ongoing legitimate business need to process Contacts Personal Information, AudiencePoint will either delete or anonymize Contacts Personal Information. If this is not possible (for example, because Contacts Personal Information has been stored in backup archives), then AudiencePoint will securely store Contacts Personal Information and isolate it from any further processing until deletion is possible. AudiencePoint will retain information it processes on behalf of Customers, as a data processor, for as long as needed to provide the Services to Customers Contacts (unless deletion is requested at an earlier time by the Customer or Contact) and as necessary to comply with legal obligations, resolve disputes and enforce AudiencePoint agreements.
E. Data Protection Rights (EEA Residents).
Contact may have the following data protection rights:
i. To access, correct, update or request deletion of Personal Information. AudiencePoint takes reasonable steps to ensure that the data collected is reliable for its intended use, accurate, complete and up to date. Contacts may contact AudiencePoint directly at any time about accessing, correcting, updating or deleting Personal Information, or altering data, by emailing AudiencePoint at firstname.lastname@example.org. AudiencePoint will consider Contacts request in accordance with applicable laws.
ii. In addition, individuals who are residents of the EEA may object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. Contacts can exercise these rights by contacting AudiencePoint about these rights at email@example.com.
iii. Contacts have the right to complain to a data protection authority about the collection and use of Contacts Personal Information. For more information, please contact the local data protection authority. Details for data protection authorities in the EEA are available [here].
AudiencePoint acts as a data processor on behalf of its Customers when AudiencePoint collects and process Contact Personal Information through the Services. In such cases, Contacts wishing to exercise any data protection rights or having questions concerning how Personal Information is handled by AudiencePoint as a data processor for its Customers, should contact the relevant Customer that is using the Services, and refer to the Customer’s privacy policies.
If Contacts no longer want to be contacted by one of Customer’s through the Services, please unsubscribe directly from that Customer or contact the Customer directly to update or delete Contact data. By contacting AudiencePoint directly, AudiencePoint may remove or update Contact information within a reasonable time and after providing notice to the Customer of Contacts request.
AudiencePoint responds to all requests it receives from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. AudiencePoint may ask Contacts to verify their identity in order to help AudiencePoint respond efficiently requests
Privacy for Visitors.
This section applies to Personal Information that AudiencePoint collects and process through the Website and in the usual course of business, such as in connection with AudiencePoint recruitment, events, sales and marketing activities.
A. Information AudiencePoint Collects.
i. Information Visitors Provide: Certain parts of the Website may ask Visitors to provide Personal Information voluntarily. For example, when registering for a User Account, expressing an interest in obtaining additional information about AudiencePoint or the Services, subscribing to marketing, or otherwise contacting AudiencePoint. AudiencePoint may also collect Personal Information, such as Visitor contact and professional details and feedback, when Visitors attend AudiencePoint events, take part in surveys, or through other business or marketing interactions AudiencePoint may have with Visitors. Visitors may choose to provide additional information when Visitors communicate with AudiencePoint or otherwise interact with AudiencePoint, and AudiencePoint may keep copies of any such communications for its records.
B. Use of Information.
AudiencePoint may use the information collected through the Website for several purposes:
- To provide, operate, optimize, and maintain the Website;
- To send information for marketing purposes, in accordance with individual marketing preferences;
- To respond to online inquiries and requests;
- To manage the Website and system administration and security;
- To improve the navigation and content of the Website;
- To identify any server problems or other technology or network issues;
- To process transactions and to set up online accounts;
- To compile aggregated statistics about site usage and to better understand the preferences of Visitors;
- To carry out research and development to improve the Services;
- To customize content and layout of the Website; and
- To carry out other legitimate business purposes, as well as other lawful purposes.
C. Other Information and Third-Party-Applications.
i. Social Media and Widgets. The Website includes social media features, such as AudiencePoint’s Twitter link. These features may collect information about IP Addresses and which page Visitors are visiting on the Website, and they may set a Cookie to make sure the feature functions properly. Social media features and widgets may either hosted by a Third-Party Application or hosted directly on the Website. AudiencePoint also maintain presences on other social media platforms, including LinkedIN, Facebook and Twitter. Any information, communications, or materials Visitors submit to AudiencePoint via a social media platform is done at Visitors own risk without any expectation of privacy. AudiencePoint cannot control the actions of other users of these platforms or the actions of the platforms themselves. Visitor interactions with those features and platforms are governed by the privacy policies of the companies that provide them.
D. Data Retention.
AudiencePoint retains Personal Information it collects from Visitors where AudiencePoint has an ongoing legitimate business need to do so (for example, to provide Visitors with information Visitors have requested or to comply with applicable legal requirements). When AudiencePoint has no ongoing legitimate business need to process Visitor Personal Information, AudiencePoint will either delete or anonymize it or, if this is not possible (for example, because Visitor Personal Information has been stored in backup archives), then AudiencePoint will securely store Visitor Personal Information and isolate it from any further processing until deletion is possible.
E. Cookies and Tracking Technologies.
F. Data Protection Rights (EEA Residents).
Visitors of the EEA may have the following data protection rights:
i. To access, correct, update, or request deletion of Visitor Personal Information. AudiencePoint takes reasonable steps to ensure that the data AudiencePoint collects is reliable for its intended use, accurate, complete, and up to date. Visitors may contact AudiencePoint directly at any time about accessing, correcting, updating, or deleting Personal Information, or altering data or marketing preferences by emailing AudiencePoint at firstname.lastname@example.org. AudiencePoint will consider requests in accordance with applicable laws.
ii. Visitors may object to processing of their Personal Information, ask AudiencePoint to restrict processing of their Personal Information or request portability of their Personal Information. Visitors can exercise these rights by emailing AudiencePoint at email@example.com.
iii. If AudiencePoint has collected and processed Visitor Personal Information with the Visitor’s consent, then Visitors may withdraw their consent at any time. Withdrawing consent will not affect the lawfulness of any processing AudiencePoint conducted prior to withdrawal, nor will it affect processing of Personal Information conducted in reliance on lawful processing grounds other than consent.
iv. Visitors have the right to complain to a data protection authority about AudiencePoint’s collection and use of their Personal Information. For more information, please contact the local data protection authority.
AudiencePoint responds to all requests from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. AudiencePoint may ask Visitors to verify their identity in order to help AudiencePoint respond efficiently to requests.
A. How AudiencePoint Shares Information.
iii. Legal Authority. As required by law to any competent law enforcement body, regulatory body, government agency, court or other third-party where AudiencePoint believes disclosure is necessary: 1) as a matter of applicable law or regulation; 2) to exercise, establish, or defend AudiencePoint’s legal rights; or 3) to protect vital interests or those of any other person.
iv. Enforcement. To enforce AudiencePoint’s rights arising from any contract entered into between AudiencePoint and Customers and Visitors, and for billing and collection from Customers.
vi. Other. Any other person with consent.
B. Information Security, Retention, and Data Integrity.
AudiencePoint takes appropriate and reasonable security measures to protect Personal Information against unauthorized access, alteration, disclosure, destruction, loss, and misuse. These include, but may not be limited to firewalls and encryption, internal reviews of AudiencePoint’s data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems. AudiencePoint restricts access to Personal Information and non-identifiable information to AudiencePoint’s employees, contractors and agents who need to know that information to operate, develop or improve the Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations. However, AudiencePoint is unable to guarantee that the security measures AudiencePoint takes will not be compromised or that all Personal Information and non-identifiable information will remain secure under all circumstances.
C. International Users.
D. Privacy Shield Enforcement and Dispute Resolution
firstname.lastname@example.org or 820 Broad Street, Suite 201, Chattanooga, TN 37402 AudiencePoint has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If a timely acknowledgment of a complaint is not received, or if a complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. Please note that if a complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
AudiencePoint is subject to the investigatory and enforcement powers of the Federal Trade Commission.
E. Retention of Data.
AudiencePoint retains Personal Information where AudiencePoint has an ongoing legitimate business or legal need to do so. AudiencePoint’s retention periods will vary depending on the type of data involved, but, generally, AudiencePoint will refer to these criteria in order to determine retention period: (i) Whether AudiencePoint has a legal or contractual need to retain the data; (ii) Whether the data is necessary to provide the Services; (iii) Whether Customers have the ability to access and delete the data within their User Accounts; and (iv) Whether Customers would reasonably expect that AudiencePoint would retain the data until they remove it or until their User Accounts are closed or terminated.
When AudiencePoint has no ongoing legitimate business need to process Personal Information, AudiencePoint will either delete or anonymize it or, if this is not possible (for example, because Personal Information has been stored in backup archives), then AudiencePoint will securely store Personal Information and isolate it from any further processing until deletion is possible.
F. California Privacy.
Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email, and mailing address, and the type of services provided to the Customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third-parties’ direct marketing purposes, and (b) the names and addresses of all such third parties. To request the above information, please contact AudiencePoint through the contact form on the Website or email AudiencePoint at email@example.com.
The Services are not intended for and may not be used by minors. A “Minor” is any individual under the age of eighteen (18). Customers must be over the age of eighteen (18) to use the Services. AudiencePoint does not knowingly permit Minors to use the Services and AudiencePoint does not knowingly collect Personal Information from Minors or allow them to register for a User Account. If it comes to AudiencePoint’s attention that AudiencePoint has collected personal data from a Minor, AudiencePoint may delete this information without notice. If a parent or legal guardian and believes a Minor child has provided AudiencePoint with Personal Information without consent, please contact AudiencePoint as described in the “Contacting Us” Section and AudiencePoint will take steps to remove such information and/ or terminate the User Account.
Customers are responsible for ensuring that their emails and data collection practices comply fully with applicable children’s data privacy protection legislation, such as the United States’ Children’s Online Privacy Protection Act (“COPPA”), including where relevant by obtaining parental consent prior to the collection of Personal Information. AudiencePoint relies upon its Customers to disclose whether or not their use is subject to COPPA.
I. Contacts Us.
Please contact AudiencePoint with any questions or comments, or any concern about the way in which AudiencePoint has handled any privacy matter, or if have any other need to contact AudiencePoint. AudiencePoint may be contacted at firstname.lastname@example.org.
C. Governing Law; Jurisdiction