Postalytics Privacy Policy

Last Modified: January 25, 2022

Thanks for using Postalytics. We at Postalytics, Inc. (“Postalytics” or “we”) are committed to protecting your privacy. This Privacy Policy applies to both our websites (postalytics.com, subdomains and related web properties) (the “Websites”) and our Postalytics’ platform (and all content, templates and data provided therein by Postalytics or its licensors) accessible via the Websites or an API provided by Postalytics (the “Services”). This Privacy Policy explains the what, how, and why of the Personal Information we collect when you use Postalytics. It also explains the specific ways we use and disclose that information. We never sell your Personal Information and we make great efforts to protect it. If you do not agree with the data practices described in this Privacy Policy, you should not use the Websites or the Services.

In the course of using the Website or the Services, we may collect Personal Information, which means information that allows a person to directly identify an individual, such as but not limited to name or email address, including information that we combine directly with such identifying information.

We may update and change any part or all of this Privacy Policy. The updated Privacy Policy will become effective and binding on the next business day after it is posted. When we change the Privacy Policy, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review this Privacy Policy periodically.

1. Information We Collect

We collect various types of information, including the categories set out below.

• Information You Provide to Us

Over the course of using the Website and/or the Services, you will provide Personal Information to us. The Personal Information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your Personal Information. We will also let you know prior to collection whether the provision of the Personal Information we are collecting is compulsory or may be provided on a voluntary basis and the consequences, if any, of not providing the information.

When you register to use the Services, communicate with our customer service team, send us an email, or post on our blog, you’re giving us information that we collect. That information may include your IP address, name, physical address, email address, phone number, credit card information, and other details like gender, occupation, and other demographic information. By giving us this information, you consent to your information being collected, used, disclosed, and stored by us, only as described in our Terms of Use and Privacy Policy.

Certain parts of our Websites may ask you to provide Personal Information voluntarily. For example, we may ask you to provide certain Personal Information (such as your name, contact details, company name, profile information) in order to sign up for a free or paid Postalytics account, apply for a role with Postalytics, or otherwise submit inquiries to us. We may also collect Personal Information, such as your contact and job details and feedback, when you attend our events, take part in surveys, or through other business or marketing interactions we may have with you. You may choose to provide additional information when you communicate with us or otherwise interact with us, and we will keep copies of any such communications for our records.

Postalytics customers control and are responsible for correcting, deleting or updating the Personal Information provided to Postalytics and for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to transferring the Personal Information to Postalytics for processing purposes.

• Contact List and Physical Address Mailings

When you add a contact list or use the Service to create a message via direct mail, or when you use our tools on a landing page or other web page, we have access to the data on your list and the information in your direct mail, landing page or web page.

A contact list can be created in a number of ways, including by importing Lists, such as through a CSV or directly from your CRM or other tools. We do not, under any circumstances, sell your contact lists. If someone on your Contact List complains or contacts us, we might then contact that person. You may export (download) your contact list from Postalytics at any time.

If we detect abusive or illegal behavior related to your contact list, we may share your Contact List or portions of it with affected ISPs or anti-spam organizations to the extent permitted or required by applicable law.

• Personalization & Variable, Relevant Content

Postalytics enables its users to create personalized, one to one messages and web experiences for marketing campaigns by enabling contact list information provided by our users such as name, sex, address and/or any other information can be inserted into messages, URL’s, landing pages and web pages. Additionally, Postalytics enables users to create unique, highly relevant experiences by using variable data, variable content and variable logic techniques to customize the look and feel, the presentation of content and the flow of landing pages and web pages.

• Campaign Behavior

Postalytics enables its users to send messages and provide access to landing pages and web pages and tracks the behavior of the campaign targets for analysis and for campaign follow up. Such behavior includes actions like opens, clicks, visits, forms filled out, buttons selected as well as lack of actions like targets who do not open, respond, click or fill out forms. A Postalytics feature enables users to send specialized messages to segments of a campaign defined by the actions or lack of actions. All of the information tracked and gathered about campaign behavior is used to build reports for users to understand the effectiveness of their campaigns.

• Information from your Use of the Service

We may get information about how and when you use the Services. This information may include your IP address, time, date, browser used, and actions taken by you within the application, such as log files.

• Cookies

When you visit our Websites, we may also collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered Personal Information under applicable data protection laws.

Postalytics and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. We use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize pages on our Websites, or register for the Service, a cookie helps us to recall your specific information on subsequent visits. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the customized features.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Service or Websites you visit. Postalytics keeps track of the Websites and pages you visit within Postalytics, in order to determine what portion of the Website or Service is the most popular or most used. This data is used to deliver customized content and promotions within the Website and Service to customers whose behavior indicates that they are interested in a particular subject area.

• Web Beacons

When we send emails to registered Postalytics customers, we’ll sometimes track who opened the emails and who clicked the links. We do that to measure our email campaigns’ performance and to improve our features for specific segments of customers. To do this, we include single pixel gifs, also called web beacons, in emails we send. Web beacons allow us to collect information about when you open the email, your IP address, your browser or email client type, and other similar details. We also include web beacons in the emails we deliver for you. We use the data from those web beacons to create the reports you see about who has or hasn’t opened emails or clicked links. Reports are also available to us when we send you email, so we may collect and review that information.

• Information from Other Sources

We may get more information about you, like name, age, and participation in social media websites, by searching the internet or querying third. We only collect data that’s publicly available or provided by a third party according to its terms of use.

2. Use and Disclosure of Your Personal Information

We may use and disclose your Personal Information only as follows:

• To promote use of our Services. For example, if you leave your Personal Information when you visit our Website and don’t sign up for any of the Services, we may send you an email asking whether you want to sign up. And if you use any of our Services, and we think you might benefit from using another Service we offer, we may send you an email telling you about it.
• To bill and collect money owed to us. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments.
• To send you System Alert Messages. For example, we may let you know about temporary or permanent changes to our Services, like planned outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy.
• To enforce compliance with our Terms of Use and applicable law. This may include developing tools and algorithms that help us prevent violations.
• To provide customer support.
• To protect the rights and safety of everyone who uses the Websites and Services, third parties, and Postalytics.
• To meet legal requirements like complying with court orders and valid subpoenas.
• To provide information to representatives and advisors, like attorneys and accountants, to help us comply with legal, accounting, or security requirements.
• To prosecute and defend a court, arbitration, or similar proceeding.
• To support and improve the Services we offer. This includes adding features that compare the results of customer mailing campaigns.
• To communicate with you about your account for informational reasons.
• To transfer your information in the case of a sale, merger, consolidation, or acquisition of Postalytics.
• To send you informational and promotional content that you may choose (or “opt in”) to receive. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.

With respect to any Personal Information in your contact lists, we will not use that Information to

• bill or collect money owed to us;
• send you system alert messages;
• communicate with you about your account; or
• send you informational and promotional content.

If you use the Service to send direct mail campaigns, you understand that the content of these campaigns may bounce from server to server as they cross the internet and phone networks. Direct mail messages are handled by humans in many places. Along the way, server administrators and/or other humans can read what you send. Direct mail wasn’t built for confidential information. If you have something confidential to send, or are not permitted to send Personal Information via direct mail, please don’t use this feature of the Service.

Sometimes Postalytics review the content of campaigns to make sure they comply with our Terms of Use. To improve that process, we have software that helps us find campaigns that may violate these terms. Our employees or independent contractors may review those particular campaigns. This allows us to help reduce the amount of spam being sent through our servers and helps to maintain high deliverability.

3. Public Information and Third Parties

We have public blogs, support forums and links to Social Media sites about Postalytics on our Websites. Any Personal Information you include in a comment on any of these properties may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you’d like it to be removed, contact us. If we’re not able to remove your information, we’ll let you know why.

Our Websites include social media features, like the Facebook Like button. These features may collect information about your IP address and which page you’re visiting on our site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.

Our Websites include links to other websites, whose privacy practices may be different from Postalytics’. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

4. Your Information Rights and Choices

We only store data about you for as long as it’s reasonably required to fulfill the purposes that gave us the right to access it in the first place. We keep some data indefinitely, relating to when and where campaigns & messages were sent, which were returned, which resulted in a complaint, and similar information, because we use it to help us screen out people who violate our terms of service, improve our services, and for other reasons explained in this policy.

We’ll give you access to any Personal Information about you that we hold within 30 days of any request for that information you make by emailing legal@postalytics.com. Unless it’s prohibited by law, we’ll remove any Personal Information about you from our servers at your request. You may also be able to manage information about your contacts within the dashboard provided through the Service to assist you with responding to requests to access, correct, update or delete information that you receive from your contacts.

If Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. If you receive these requests from third parties contained in your contact list, you are responsible to delete them from your lists within the Service to ensure that you only market to individuals who have not opted out of receiving such communications.

Depending on your jurisdiction, you also may have the right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data privacy law. We may ask you to verify your identity in order to help us respond efficiently to your request. If we receive a request from an individual in your contact list, we will either direct the individual to reach out to you, or, if appropriate, we may respond directly to their request. In any event, you are solely responsible for the lawful basis in which we process such individuals Personal Information.

5. Jurisdiction Specific Rights

• For EEA and UK Residents

For purposes of Economic Area (“EEA“) or United Kingdom (“UK“) privacy legislation, Postalytics is the processor of your Personal Information and you are the controller.

We process Personal Information about you as a data controller as described in this policy, where such processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. Our legitimate interests typically include: improving, maintaining, providing, and enhancing our technology, products and services; ensuring the security of the Services and our Website; and for our marketing activities. If you are also a Postalytics customer, we also process your Personal Information to provide the Services to you. In some limited cases, we may also have a legal obligation to collect Personal Information from you. If we ask you to provide Personal Information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information. Where required by law, we will collect Personal Information only where we have your consent to do so.

In addition, individuals who are residents of the EEA can object to processing of their Personal Information, ask to restrict processing of their Personal Information, or request portability of their Personal Information. You can exercise these rights by contacting us using the contact details provided in the “Questions” section. If any anyone in your contact lists wishes to exercise any of these rights, they should contact you directly.

Our Data Protection Officer can be contacted at privacy@postalytics.com. We operate in the United States. Our servers and offices are located in the United States, so your Personal Information may be transferred within, stored, or processed in the United States.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided in the “Questions” section below.

• For Australian Residents

For purposes of Australian privacy legislation, we are subject to the operation of the Privacy Act 1988 (“Australian Privacy Act”).

Where we say we assume an obligation about Personal Information, we are also requiring our subcontractors to undertake a similar obligation, where relevant.

We will not use or disclose Personal Information for the purpose of our direct marketing to you unless you have consented to receive direct marketing; you would reasonably expect us to use your personal details for the marketing; or we believe you may be interested in the material but it is impractical for us to obtain your consent. You may opt out of any marketing materials we send to you through an unsubscribe mechanism or by contacting us directly. If you have requested not to receive further direct marketing messages, we may continue to provide you with messages that are not regarded as “direct marketing” under the Australian Privacy Act, including changes to our terms, system alerts, and other information related to your account.

Our servers are located in the United States. In addition, we or our subcontractors may use cloud technology to store or process Personal Information, which may result in storage of data outside Australia. It is not practicable for us to specify in advance which country will have jurisdiction over this type of offshore activity. All of our subcontractors, however, are required to comply with applicable law in relation to the transfer or storage of Personal Information overseas.

If you think the information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, we will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information upon your request.

If you are unsatisfied with our response to a privacy matter then you may consult either an independent advisor or contact the Office of the Australian Information Commissioner for additional help. We will provide our full cooperation if you pursue this course of action.

• For California Residents

If you are unable to access this Privacy Policy due to a disability or any physical or mental impairment, please contact us and we will arrange to supply you with the information you need in an alternative format that you can access.

For purposes of this section “Personal Information” has the meaning given in the California Consumer Privacy Act (“CCPA”). We have collected the following statutory categories of Personal Information in the past twelve (12) months:

• Identifiers, such as name, e-mail address, mailing address, and phone number. We collect this information directly from you or from third party sources.
• Commercial information, such as subscription records. We collect this information directly from you.
• Internet or network information, such as browsing and search history. We collect this information directly from your device.
• Geolocation data, such as IP address. We collect this information from your device.
• Financial information, such as Payment Information or financial account numbers in the process of providing you with a subscription. We collect this information from you.
• Other personal information, in instances when you interact with us online, by phone or mail in the context of receiving help through our help desks or other support channels; participation in customer surveys or contests; or in providing the Postalytics Service.

California residents have certain rights regarding the Personal Information we collect or maintain about you. Please note these rights are not absolute, and there may be cases when we decline your request as permitted by law.

• The right of access means that you have the right to request that we disclose what Personal Information we have collected, used and disclosed about you in the past twelve (12) months.
• The right of deletion means that you have the right to request that we delete Personal Information collected or maintained by us, subject to certain exceptions.
• The right to non-discrimination means that you will not receive any discriminatory treatment when you exercise one of your privacy rights. Postalytics does not sell Personal Information to third parties (pursuant to California Civil Code §§ 1798.100–1798.199, also known as the California Consumer Privacy Act of 2018).

You can exercise your rights yourself or you can alternatively designate an authorized agent to exercise these rights on your behalf. Please note that to protect your Personal Information, we will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent’s identity to protect your Personal Information.

Please use the contact us if you would like to (i) access this policy in an alternative format; (ii) exercise your rights; (iiI) learn more about your rights or our privacy practices; or (iv) designate an authorized agent to make a request on your behalf.

Thanks for taking the time to learn about our Privacy Policy, and thanks for trusting us to handle your marketing campaigns. If you have any questions or comments, or if you want to update, delete, or change any Personal Information you’ve submitted on the Website or Services, please email us at privacy@postalytics.com or use our contact form to get in touch. You may also contact us by postal mail at Postalytics, Privacy Department, 55 Accord Park Drive, Rockland, MA 02370.