Privacy Policy

This Exchange Mail Privacy Policy (the “Privacy Policy”) applies to the Exchange Mail service, which includes the sending of digital messages and related digital messaging services (the “Services”) offered by Exchange Mail, Inc., d/b/a Exchange Mail, a Delaware corporation, (“Exchange Mail,” “we,” ‘”us” or “our”) to any individual, organization, business entity, and/or user (“you” or “your”), through the website exchangemail.com or any other websites or mobile applications (collectively, the “Site”) that reference or link to this Privacy Policy. Exchange Mail is committed to: (1) protecting the privacy of data that we process or store relating to your use of the Site and/or Services; (2) maintaining the integrity of the data we collect from you; and (3) complying with our legal obligations with respect to such data and information. By using the Site and/or the Services, you consent to our collection, use and disclosure of information, and our processing of your data, as described in this Privacy Policy.

Personally Identifiable Information. We collect personal information (“personally identifiable information“ or “PII”) about users of the Site and/or Services. In general, that means we collect PII about you when you provide it to us for the reason you provided it to us. The other instances in which we may collect and use PII are described below.

We may collect PII when you do any of the following:

register as a user of the Site and/or the Services;
use the Services to send email or other digital messages;
use the Site to communicate with or otherwise interact with other users, our staff, or other persons who are permitted to interact with and use the Site (such as support personnel or services);
participate in any contests, sweepstakes, surveys, user panels, focus groups or other interactive services on or related to the Site;
visit or participate in forums or other discussions that we host or provide; or
submit your contact information to us for the purpose of being contacted regarding our Services and for us to provide customer support.

We may collect the following PII:

your contact information (e.g., your name, physical address, mailing address, email address, digital message address, and phone and fax numbers);
your billing information (e.g., credit card information, billing address, etc.);
your demographic and survey information (e.g., job function, title, topics of interest, purchase interest level, survey responses, and information solicited through online registration forms);
your history as our customer (e.g., your order(s), payment history, Site and Services usage, promotional history, inquiries, and responses); and
all content posted in public areas (e.g. online forum posts, comments on blog posts, articles, or other content on community areas, etc.). NOTICE: In order to maintain standards for online conduct in public areas we provide and/or sponsor, we may remove or appropriately edit/redact an inappropriate posting when we find it.

We may use your PII in the following ways:

to respond to your inquiries and fulfill your requests, such as to send you newsletters, reports, or other communications;
to send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies as well as notice regarding compliance actions we may take;
to complete and fulfill your subscription purchase, for example, to process your payments, communicate with you regarding your subscription purchase and provide you with related customer service or technical support;
to send you marketing communications that we believe may be of interest to you (including announcements about new services or products, featured editorial content, co-sponsored products, events, special sales and promotions, and more);
to personalize your experience with the Services by presenting products and offers tailored to you;
to allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your PII, so we suggest that you read these rules carefully;
to facilitate social sharing functionality;
to allow you to send messages through the Services. By using this functionality, you are telling us that you are entitled to use and provide us with your recipients’ name and email address or other digital sending and receiving address; and
for our business purposes, such as data analysis, audits, fraud monitoring and prevention, development of new products, enhancing, improving or modifying our Services, identifying usage trends, determining effectiveness of our promotional campaigns and operating and expending our business activities.

We may disclose your PII to the following:

to our affiliates;
to our third-party contractors who maintain the Site and assist us with providing the Services. Such contractors who may have access to your PII include providers of services, such as website hosting, server hosting, data analysis, payment processing, subscription entitlement management, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing, content scanning and other similar services. They are permitted to access and use your PII solely and exclusively in performance of their duties to us or to comply with applicable laws, and they owe us either direct employment duties, or they have signed confidentiality agreements, such that they are obligated to keep your PII confidential; and
to our partners and sponsors. Many of our products and offerings, including events, are offered in connection with other companies who are partners or sponsors. When you register for these activities, the names of any partners and sponsors will be clearly visible. We may maintain the PII you provide when you register for these sponsored programs and we may share it with our partners and sponsors. They may use the information in accordance with their own privacy policies. If you have concerns about how they may use the information you provide, please refer to each partner or sponsor’s privacy policy. Unlike other disclosures of information, you cannot opt-out of contacts from partners and sponsors through us. You must contact the partners or sponsors directly.

We may also disclose your PII in the following circumstances:

Audits and Business Operation. We are subject to various audits by accountants, clients, and government regulators. In the course of such audits, such auditors may come into contact with PII. Where possible, we require such auditors to keep confidential and not disclose PII consistent with law. In certain governmental audits, we may not be able to require such confidentiality. In addition, we may disclose PII to our attorneys as may be required to obtain legal advice about our and your legal rights and obligations.
Government and Litigation Requests. We reserve the right to use or disclose PII in connection with: (i) legal proceedings or preparations therefore; (ii) to respond to judicial or other government process such as court orders, subpoenas, requests for discovery and similar litigation relation requirements; (iii) to provide information to law enforcement agencies or for an investigation on a matter related to public safety; and (iv) in general to comply with applicable laws, government requests and court orders. We may elect to make these disclosures even if we have not received a subpoena, if we believe in good faith that we have a legal obligation to do so, or if we believe that our failure to do so may result in liability to us, or a violation of law. If we receive a subpoena or other legal demand for your PII, we may endeavor to notify you of the subpoena or demand by contacting you at the current email address that we have for you. However, we cannot promise that we will always be able to send you a notice, that we will attempt to contact you if the email we send fails to get to you, that we will be able to send you the notice before we turn over your information, or that we will resist the request. Unless prohibited by applicable law or other obligations we owe you, we retain the right to impose upon you a reasonable charge for certain requests for your information or data.
Change of Control. If we were to undergo a merger, acquisition, corporate reorganization or recapitalization, divestiture, sale of substantially all of our assets, bankruptcy, or other change in control (in each case which may be in respect of the division that administers the Site or the Services, and not necessarily the entire company), PII may be used or disclosed in connection with those activities, which may include the entire transfer of our database of PII to such successor or assignee entity.

We will retain your PII only for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by applicable law.

Updated 11-20-2017