Effective March 1st, 2024
The email marketing businesses, including Kickbox, Campaigner, SMTP, iContact, and their subsidiaries, affiliates, and parent company, Ziff Davis, Inc. (collectively “Email Marketing”) provide enhanced email marketing capabilities and services to enterprise customers. Email Marketing values your privacy and is committed to protecting the privacy of your information.
This Privacy Policy (or “policy”) describes how Email Marketing uses the personal information you provide and the rights you have. We have created this Privacy Portal to help you exercise your rights.
Email Marketing owns and operates several interactive websites, mobile and connected applications, including their and other online interactive features and services (collectively “services” or “our services”).
This policy covers information collected through the following websites and mobile applications.
In part, the purpose of this policy is to notify users of Email Marketing’s policies and practices with respect to their data. By using the services provided you have agreed to the Terms and Conditions (or ToU); and this policy is a part of the ToU.
We may collect or obtain information about you when you sign up, when you create profiles, pages or contributions, when you use and interact with our services and when you make your personal information public. In some cases, we may also receive information about you from third parties.
Data you provide when you sign up: This is, for example, username, password, name, email, phone, physical address, subscription and billing information, and business information, and basic information about any other accounts you choose to associate with your registration, like your Google account.
Data you provide when you create accounts: This is user generated contributions, such as web pages and all related content. We encourage all of our users to make conscious choices about what they share online. Email Marketing, including its affiliates, subsidiaries and parent company, is not responsible for the information you disclose to the public using our services.
Data we collect through your use of our services: We make and keep records when we provide you support or assistance on our services. We may also collect information about how you interact with our various services (or parts of our services) or third party content you see on our apps and sites. We also collect data on how you interact with the ads you see.
Data we receive from third parties: In some cases, we may receive information about you from third parties, for example, social networking sites. Please note that this policy does not cover the practices of third parties, including those that may disclose information to us.
We process your personal information in order to provide you the best experience of our services. We may also process your Information where the processing is necessary for the establishment, exercise or defense of legal rights.
Below is a chart stating which categories of your personal information we process for which purposes specifically, and how long we retain that data. Our processing of your data is subject to your use of our service, your privacy preferences, and your account settings choices.
Personal Information We may process the following categories of personal iInformation about you. |
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Categories of personal information | Purpose of processing legal basis |
Retention Period |
---|---|---|
Account Information (Personal Details): Information you provide to us such as, your name; postal address; telephone and/or mobile number; email address; employer; login details, including username and password; interests; public social media handles or profile(s); and photograph posted by you and other users. |
To provide use of our services as agreed in the ToU. __________ Legitimate Interest |
For the life of the account and a reasonable and legally compliant time thereafter. |
App Data. Data and metrics around account usage. |
Maintain and improve service standards ___________ Legitimate Interest |
For the life of the account and a reasonable and legally compliant time thereafter. |
Audio, Video, and Other Electronic Data: audio, electronic, visual, or similar information such as photographs, video submissions, call recordings and contents of your media library. |
Promote user expression through our services and to conduct contests and rewards. ___________ Legitimate Interest |
For the life of the account and a reasonable and legally compliant time thereafter. |
Consent Records: records of any consents you may have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent). |
Comply with applicable laws and regulations and users’ choices. ___________ Legal Requirement |
For the life of the account and a reasonable and legally compliant time thereafter. |
Customer Records: electronic customer records containing personal information, such as name, signature, address, telephone number, or any financial information. We may also collect Personal Data information about you through your communications with our customer support team. NOTE: Please ensure that no sensitive personal data is submitted in connection with your requests for support (for example, health information, political or religious beliefs, information about minors, etc.). |
To maintain service standards and provide users with the ability to communicate efficiently and effectively with our company. ____________ Legitimate Interest |
Customer records will be kept in accordance with applicable laws. |
Demographic Information: We may collect gender; age/date of birth; nationality; salutation; job title, company information, education, work experience and other professional information; language preferences. |
Enable customer expression, maintain and improve service standards, and marketing with consent. ____________ Legitimate Interest |
For the life of the account and a reasonable and legally compliant time thereafter. |
Location Information: We collect your IP address from which we can derive imprecise location information, for example, at the city or zip code level, of a user’s computer or device. We may also have this type of location information if you provide it to us during sign up or in your profile, project page, or contributions. |
Maintain service standards, provide relevant content and marketing with consent. ____________ Legitimate Interest |
For the life of the account and a reasonable and legally compliant time thereafter. |
Profile Information and User Contributions: For certain Services, you may choose to create a public profile, a project page or a profile page, or create your own contributions.All contents of these pages and contributions are processed, including any views and opinions included by you. |
Enable customer expression, and provide use of our services as agreed in the ToU. ____________ Legitimate Interest |
For the life of the account and a reasonable and legally compliant time thereafter. |
Transaction Information: information on how you interact with the Services, including records of products or services purchased, obtained or considered such as the coupons you view and redeem, the gift cards you purchase or sell via our Services, the cash back offers that you claim, including copies of receipts that you submit; financial information related to your transactions, information about you as needed to administer your participation in our rewards programs; payment information, including payment card number, expiration date, and CVN; other information about how you use our Services, email, or searches for and interactions with e-commerce opportunities, such as how you interact with our merchants, business partners, and service providers, including, in some cases and where your settings permit, the items you purchase from those merchants. |
Completion of transaction, providing full use of our services as agreed in the ToU, and marketing with consent. _____________ Performance of a Contract |
For the life of the account and a reasonable and legally compliant time thereafter. |
Device Information and Device ID: Device ID, which is a distinctive number associated with a smartphone or similar handheld device. As well as, device information, including Device type, operating system and software information, and settings. |
Maintain and improve the quality of services ____________ legitimate interest |
For the life of the account and a reasonable and legally compliant time thereafter. |
Advertising Identifiers: A user-resettable identification number for advertising associated with a device (e.g., iOS uses the Identifier for Advertising (IDFA) and Android uses Google Advertising ID). |
Marketing _________ Consent |
For the life of the account and a reasonable and legally compliant time thereafter. |
Connectivity Data: We may collect WiFi connection or service set identifier (“SSID”), mobile or desktop access, and IP verification. |
Maintain and improve the quality of services ____________ legitimate interest |
For the life of the account and a reasonable and legally compliant time thereafter. |
Cookies: Information collected through the use of cookies, eTags, Javascript, pixel tags, device ID tracking, anonymous identifiers and other technologies, including information collected using such methods and technologies about (i) your visits to, and interaction and engagement with, the Services, Subject to your privacy choices and settings, content and ads on third party websites, applications, platforms and other media channels (“Channels”), and (ii) your interaction with emails including the content and ads therein (collectively, “Online Data”). |
Marketing _________ Consent |
In compliance with the Cookie Policy |
Engagement Data: Information about (i) your visits to, and interaction and engagement with the services, content and ads on third party websites, applications, platforms and other media channels (“Channels”), and (ii) your interaction with emails including the content and ads therein (collectively, “Online Data”), which are collected through the use of cookies and cookie like technologies. |
Marketing ____________ Consent |
In compliance with the Cookie Policy |
We do not seek to collect or process sensitive personal information, such as, race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, or sex life. Where users choose to disclose sensitive personal information, we do not use the sensitive information for any additional purpose without consent, unless required to comply with laws, or prevent crimes.
We may use the contact details you provided us to reach out to you with information regarding services that may be of interest to you, for example, upcoming promotions. You may unsubscribe or opt out of SMS messages at any time at no cost.
Email Marketing and third parties, subject to your privacy choices and settings, may collect data about your behavior while using our services in order to provide you with more relevant interest-based advertising on other websites and applications, as well as our partners’ platforms and media channels.
We may collect information about you through the use of cookies and similar technologies on our sites and apps, or your devices. In compliance with your privacy choices and settings, we also may permit our third-party service providers to perform various analytics functions and to provide you with more relevant or interest-based advertisements using cookies.
Some third parties may choose to use their own cookies for the purposes of collecting information relating to the viewing of their advertising. To learn more about how we use cookies, and to manage your preferences, please see our Cookie Policy. This policy, and our Cookie Policy, are only intended to cover the use of cookies as they relate to Email Marketing businesses.
Ziff Davis Companies: Email Marketing is owned by Ziff Davis Inc. We share your information with other businesses owned by Ziff Davis, Inc. (“Ziff Davis Companies”) to assist us in the operation of our services, improve them, and further develop them.
We also share information with other Ziff Davis Companies for the purposes of targeted advertising. If you would like to opt out of the sale or sharing of your data with other Ziff Davis Companies, you can do so via our Privacy Portal.
Other Third Parties: We may also share your personal information with the following:
We may transfer your information to recipients in other countries. Email Marketing participates in the E.U.-U.S. Data Privacy Framework, the UK extension to the EU-U.S. DPF, the Swiss-U.S. Privacy Framework and the APEC Cross Border Privacy Rules System. Where we transfer information from the European Economic Area (“EEA”) to a recipient outside the EEA that is not in an adequate jurisdiction, we do so on the basis of standard contractual clauses.
Because of the international nature of our business, we may need to transfer your information within the Ziff Davis Companies, and to third parties as noted above, in connection with the purposes set out in this Policy. For this reason, we may transfer your information to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.
Email Marketing and its associated affiliates and subsidiaries complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Email Marketing has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. Email Marketing has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov.
We are committed to staying current with developments related to the Data Privacy Framework and may update our transfer mechanisms and safeguards as necessary to remain compliant. Any updates will be reflected in this Privacy Policy.
If you are a European individual with a privacy related complaint, concern or question about Ziff Davis, Inc.’s privacy practices, please contact us through our Privacy Portal. Under certain conditions, more fully described on the Data Privacy Framework website, European individuals may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Where we transfer your personal information from the EEA to recipients located outside the EEA who are not in a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for information, we do so on the basis of standard contractual clauses. You may request a copy of the relevant standard contractual clauses using our Privacy Portal. Please note that when you transfer any personal information directly to an entity established outside the EEA, we are not responsible for that transfer of your information. We will nevertheless process your information, from the point at which we receive the data, in accordance with the provisions of this policy.
Enforcement Authority
The Federal Trade Commission has jurisdiction over our compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).
Complaints Mechanism
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Email Marketing commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact Ziff Davis at privacy@icontact.com.
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Email Marketing commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to TrustArc, an alternative dispute resolution provider. The services of Trustarc are provided at no cost to you. For further information please visit https://trustarc.com/dispute-resolution/.
Under certain conditions, a binding arbitration option may be available to you in order to address complaints not resolved by any other means. For further information, please see Annex I of the EU-U.S. Data Privacy Framework Principles at: https://www.dataprivacyframework.gov/.
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Email Marketing commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF in the context of the employment relationship.
For a list of our subsidiaries and affiliates who also adhere to the DPF Principles, please click here.
Our privacy practices described in this Policy comply with the Asia-Pacific Economic Cooperation (“APEC”) Cross Border Privacy Rules System. To learn more about this program, please click here.
We implement appropriate technical and organizational security measures to protect your personal information against unlawful destruction, loss alteration, misuse, or unauthorized access while in our possession. All parties we contract with must agree to provide reasonable data security measures for the customer information we share with them, in compliance with applicable laws and regulations.
If we learn of a security breach that affects our users, we may send an email or other direct communication to you, or post a blog to notify the public on our Help and Support Security Center. If you have any reason to believe that your data with us has been compromised (for example, there has been unauthorized access to your account), please contact us at privacy@icontact.com.
We will retain your personal information for as long as is necessary in connection with the purposes set out in this policy, and in accordance with applicable laws. For more details on how long data is retained see the table in Section 3.
Many privacy regulations afford consumers a number of specific rights. If you are a resident of the EU (under GDPR), UK (under the UK GDPR), Brazil (under the LGPD), several U.S. States, including California (CCPA), Virginia (under VCDPA), Colorado (under the CPA), and Connecticut (under the CTDPA), or another jurisdiction with similar privacy requirements, you have certain rights which may include those listed below.
Your rights:
In order to make privacy requests please visit our Privacy Portal and fill out the form. You can also email us at privacy@icontact.com. Our contact information can be found in the “Contact Details” section below.
You may be required to verify your identity before we can give effect to these rights. If you are making a request on behalf of a user, we require a signed authorization letter from the consumer.
You can change your preferences at any time. Below is a list of some of the actions you can take.
Your Newsletter and Email Subscriptions. You can opt out or unsubscribe to a newsletter or other email list at any time by following the instructions at the end of the newsletters or emails you receive. Please allow five to ten business days for changes to take effect. On some Services, member service-related communications are an integral part of the service to which you subscribe and you may continue to receive emails as part of that particular portion of the services, even if you opt out of the newsletters or email list. In these cases, you cancel your account to cease communication. Also note that if you have provided more than one email address to us, you may continue to be contacted unless you request to unsubscribe each email address you have provided, or delete your accounts.
Opting Out of Tracking. Currently, our Services do not recognize browser do-not-track signals. However, you may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You can also opt-out of being targeted by certain third party advertising companies.
California Residents. In accordance with the California Online Privacy Protection Act, we may collect Personal Information about your online activities when you use our services. California’s “Shine the Light” law permits our users who are California residents to request and obtain certain information about any Personal Information disclosed to third parties for direct marketing purposes. If you are a California resident and wish to make such a request or if you wish for us to refrain from gathering your Personal Information, please submit your request in writing to us using the contact details in Section 14.
You can submit privacy related inquiries to our Privacy Portal.
For any additional questions, you can contact us by emailing:
iContact: support@icontact.com
Correspondence:
Ziff Davis
Attention: Legal Department
114 Fifth Avenue, 15th Floor
New York, NY 10011
We have registered our DPO with the Irish Data Protection Commission. If you have any questions or concerns about our privacy practices, we encourage you to contact our DPO at the following email address dpo@ziffdavis.com or at the following address:
Ziff Davis
Attention: Legal Department
Unit. 3.1, Woodford Business Park
Santry, Dublin 17
Ireland
These services are not intended for use by children, especially those under 18. We reserve the right to remove a user’s account at any time, when necessary, if we discover that a user is under the required age limit for the service. If you have reason to believe we have collected personal information from someone under 18, please report it to us so we can take appropriate steps to rectify this.
Pursuant to the California privacy regulations, our consumer rights metrics can be found on our Regulatory Information Site.
This policy may be amended or updated from time to time at our discretion. Any updates will be effective at the time of publication, unless specified otherwise. Your continued use of our services after the publication of a policy update constitutes your consent to the changes. We will notify you prior to making policy updates that materially change the way we treat your personal data, and will not use your data in a materially different manner without your consent.
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