We provide a) website, application, and graphic design and development services and b) online platforms that you may use, or we may use on your behalf, to market to or stay in contact with others, including creating, sending, and managing emails and other information related to your Subscribers (the “Services”).
When we say “Customer” or “User,” we are referring to the person or entity that is registered with us to use the Services. When we say “you,” we are referring to Users/Customers and/or to some other individual who visits any of our Websites. A “Subscriber” is a person you contact through our Services, or a person who you might choose to contact at some point in the future through the use of our Services. In other words, a Subscriber is anyone about whom you have given us information.
- “Personal Information”: “Personal Information” is any information that identifies or can be used to identify you or a Subscriber, directly or indirectly, including, but not limited to, first and last name, date of birth, email address, gender, occupation or other demographic information.
- “Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Information We Collect
We collect Personal Information about you and your Subscribers in the following ways:
- Information you provide to us: When you sign up for and use the Services, consult with our customer service or sales teams, send us an email, post on our blog, integrate the Services with another website or service (for example, when you connect your application, website, or ecommerce store to the Platform), or communicate with us in any way, you are voluntarily giving us information that we collect.
- Information we collect automatically: When you use the Services, we may collect information about your visit to our Websites, your usage of the Services, and your web browsing.
- Information from your use of the Services: We may receive information about how and when you use the Services, store it in log files or other types of files associated with your account, and link it to other information we collect about you.
- This information may include, for example, your IP address, time, date, browser used, and actions you have taken within the Platform. This type of information helps us to improve our Services for both you and for all of our Customers.
- List and email information: When you use the Services, such as adding Subscribers or creating an email, we have and may access the data on your list and the information in your email.
- If a Subscriber forwards an email you send, we do not store your Subscriber’s email address or their friend’s email address. The Customer who created the email campaign only sees an aggregate number of times their email campaign was forwarded by a Subscriber and does not have access to the email addresses used to share or receive that forwarded content.
- Cookies and tracking: We and our partners may use various technologies to collect and store information when you use our Services, and this may include using cookies and similar tracking technologies on our Website, such as pixels and web beacons, to analyze trends, administer the website, track users’ movements around the website, serve targeted advertisements, and gather demographic information about our user base as a whole.
- Web beacons: We use web beacons, also called pixel tags, on our Websites and in our emails. When we send emails to Customers, we may track behavior such as who opened the emails and who clicked the links.
- This allows us to measure the performance of our email campaigns and to improve our features for specific segments of Customers. To do this, we include a single pixel tag in emails we send. These tags 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 single pixel tags, also called web beacons, in the emails we send.
- We also include Web Beacons in the emails we deliver for Customers to their Subscribers. We use the data from those web beacons to create reports about how our Customer’s email campaign performed and what actions their Subscribers took with respect to that email. Similarly, reports are also available to us when we send email to you, so we may collect and review that information.
- Contests and Sweepstakes: We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on our Websites or through social media (collectively, “Promotions”). Your participation in our Promotions is completely voluntary. Information requested for entry may include personal contact information such as your name, address, date of birth, phone number, email address, username, and similar details.
- We use the information you provide to administer our Promotions. We may also, unless prohibited by the Promotion’s rules or law, use the information provided to communicate with you, or other people you select, about our Services.
- Blog: We have public blogs and resources such as Ebooks on our Websites. Any information you include in a comment on our blogs may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, please contact us at firstname.lastname@example.org. If we are unable to remove your information, we will tell you why.
- Social media platforms and widgets: Our Websites may include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our Website, 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 Website. We also maintain a presence on social media platforms including Facebook, Instagram, Twitter, and LinkedIn. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.
- Information from other sources: We may, from time to time, obtain information about you from third party sources, such as public databases, social media platforms, third-party data providers, and our joint marketing partners. We take steps to ensure that such third parties are legally permitted or required to disclose such information to us. Examples of the information we may receive from other sources include: demographic information, company information, device information (such as IP addresses), location, and online behavioral data (such as information about your use of social media websites, page view information, and search results and links). We use this information, alone or in combination with other information (including Personal Information) we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products features, and services.
Use and Disclosure of Your Personal Information
We may use and disclose your Personal Information only for the following purposes:
- To send you informational and promotional content in accordance with your marketing preferences. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.
- To bill and collect money owed to us by our Customers. 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 learn more about the steps we take to safeguard that data, see our Security Policies.
- To communicate with our Customers about their account and provide customer support.
- To protect the rights and safety of our Customers and third parties, as well as our own.
- To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
- To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
- To prosecute or defend a court, arbitration, or any other legal proceeding.
- To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
- To provide, support, and improve the Services we offer. This includes our use of the data that our Customers provide us in order to enable our Customers to use the Services to communicate with their Subscribers. This also includes, for example, aggregating information from your use of the Services and sharing this information with third parties to improve our Services. This might also include sharing your information or the information you provide us about your Subscribers with third parties in order to provide and support our Services or to make certain features of the Services available to you. When we do have to share Personal Information with third parties, we take steps to protect your information by requiring these third parties to enter into a contract with us that requires them to use the Personal Information we transfer to them in a manner that is consistent with this policy.
Disclosure of Personal Information to Third Parties
- Business Partners. From time to time, ahoy! may partner with other companies to jointly offer products, services or programs including, for example, webinars, events, downloadable content, or integrated features. If you purchase, specifically express interest in, or register for a jointly offered product, service, or program from or through ahoy!, we may share your Personal Information collected in connection with your purchase or expression of interest with our business partners. ahoy! does not control our business partners’ use of shared Personal Information and their use of such information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or service.
- Information Disclosed for our Protection and the Protection of Others. We may disclose information about you to third parties: (a) if we are required to do so by law, court order or legal process; (b) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (c) under the discovery process in litigation; (d) to enforce ahoy! policies or contracts; (e) to collect amounts owed to ahoy!; (f) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (g) if we, in good faith, believe that disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes including, for example, to detect unauthorized activity on the Services. In such cases, server log data containing Personal Information may be shared with law enforcement bodies so that they may identify users in connection with their investigation of the unauthorized activities.
Subscribers: Data Collected for and by our Customers
As you use our Services, you may import Personal Information you have collected from your Subscribers or other individuals into our Platform. We have no direct relationship with your Subscribers or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals.
Consistent with the uses of Personal Information covered in the “Use and Disclosure of Your Personal Information” and “Disclosure of Personal Information to Third Parties” sections, we may transfer Personal Information of you or your Subscribers to companies that help us promote, provide, or support our Services or the services of our Customers (“Service Providers”). All Service Providers enter into a contract with us that protects Personal Information and restricts their use of Personal Information consistent with this policy.
As part of our Services, we may use and incorporate information you have provided, we have collected from you, or we have collected about Subscribers into features. We may share this information, including Subscriber email addresses, with third parties in line with the uses in the “Use and Disclosure of Your Personal Information” and “Disclosure of Personal Information to Third Parties” sections.
If you are a Subscriber and no longer want to be contacted by one of our Customers, please unsubscribe directly from that Customer’s newsletter or contact the Customer directly to update or delete your data. If you contact us, we may remove or update your information within a reasonable time and after providing notice to the Customer of your request. We will retain Personal Information we process on behalf of our Customers for as long as needed to provide our Services or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.
Use of Subscriber Information
Subscribers can be added to the Platform in a number of ways, including by importing contacts, such as through CSV or directly from your ecommerce platform or another email client. Your Subscribers are stored on a secure ahoy! server. We do not, under any circumstances, sell your Subscribers. If a Subscriber complains or contacts us, we might then contact that person. You may download your Subscribers from ahoy! at any time.
- bill or collect money owed to us;
- send you system alert messages;
- communicate with you about your account
- send you informational and promotional content.
If we detect abusive or illegal behavior related to your Subscribers, we may share your Subscribers or portions of them with affected ISPs or anti-spam organizations.
Content of Emails Sent
When a Customer sends an email to a Subscriber, it bounces from server to server as it crosses the Internet. Along the way, server administrators can read what you send. Email was not built for sending confidential information and most emails end up in an unencrypted inbox. Please do not use the Services to send confidential information.
Where you have consented to ahoy!’s Processing of your Personal Information, you may withdraw that consent at any time and opt out by following the instructions below. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will provide information regarding the new purpose and give you the opportunity to opt out. Note that, due to the nature of the Services, you may have to provide the email address or other identifying value that is associated with your Personal Information in order for ahoy! to segregate out the use and retention of such Personal Information. Where consent of the individual for the Processing of Personal Information is otherwise required by law or contract, ahoy! will comply with the law or contract.
Sensitive Personal Data
“Sensitive Personal Data” is a subset of Personal Information, which due to its nature, has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Data includes Personal Information regarding EU-residents that is classified as a “Special Category of Personal Data” under EU law, which consists of the following data elements: (a) race or ethnic origin; (b) political opinions; (c) religious or philosophical beliefs; (d) trade union membership; (e) genetic data; (f) biometric data where Processed to uniquely identify a person; (g) health information; (h) sexual orientation or information about the individual’s sex life; or (i) information relating to the commission of a criminal offense.
ahoy! does not collect Sensitive Personal Data from you. However, if we do ever collect it, we will, prior to disclosing it to a third party or Processing it for a purpose other than its original purpose or the purpose authorized subsequently by the individual, obtain your explicit consent. Where consent of the individual for the Processing of Personal Information is otherwise required by law or contract, ahoy! will comply with the law or contract.
“Do Not Track”
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. At this time, there is no general agreement on how companies like ahoy! should interpret DNT signals. Therefore, ahoy! does not recognize or respond to browser-initiated DNT signals, whether that signal is received on a computer or a mobile device.
Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy.
Data Protection Addendum
While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy, including offering a Data Protection Addendum (DPA) (available at: https://ahoyemail.com/data-protection-addendum/) to our agreement.
Legal Basis for Processing Personal Information (EEA Persons Only)
If you are from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.
However, we will normally collect and use Personal Information from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Typically, our legitimate interests include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Services and our Websites; and for our marketing activities.
If you are a Customer, we may need the Personal Information to perform a contract with 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 contact 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.
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 "Contact Us" section below.
Customers in Australia
If you are a Customer who lives in Australia, this Section applies to you. We are subject to the operation of the Privacy Act 1988 (“Australian Privacy Act”). Here are the specific points you should be aware of:
- 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 primarily 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 off-shore activity. All of our subcontractors, however, are required to comply with the Australian Privacy Act 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.
RIGHTS OF ACCESS, RECTIFICATION, PORTABILITY, ERASURE, AND RESTRICTION
Your Personal Information
You may seek confirmation regarding whether ahoy! is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate or has been Processed in violation of applicable data protection laws. Where otherwise permitted by applicable law, you may contact us at email@example.com to request access to, receive, port, restrict Processing, seek rectification or request erasure of Personal Information held about you by ahoy! Such requests will be carried out in accordance with applicable laws.
Although ahoy! makes good faith efforts to provide you with access to your Personal Information, there may be circumstances in which ahoy! is unable to provide access, including for example, where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where it is commercially proprietary. If ahoy! determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, ahoy! will take reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
Subscriber Personal Information
As a data processor for our Customers, ahoy! processes data, which may include Subscriber Personal Information on behalf of our Customers. We will not use, share, distribute, or reference any such Subscriber Personal Information except as provided in the applicable agreement between us and our Customer, or as may be required by law. If Personal Information pertaining to you as an individual has been submitted to us by a Customer as Subscriber Personal Information and you wish to exercise any rights you may have to access, receive, port, restrict Processing, seek rectification, or request erasure, please inquire with the applicable Customer directly. If you wish to make your request directly to ahoy!, please provide the name of the applicable ahoy! customer. We will refer your request to that Customer, and will support them as needed in responding to your request within the timeframe required by applicable law.
We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the Processing and the nature of the Personal Information. If a security breach causes an unauthorized intrusion into our system that materially affects you or Subscribers, then ahoy! will notify you as soon as possible and later report the action we took in response.
ahoy! accounts require a username and password to log in. You must keep your username and password secure, and never disclose them to a third party. If you have reason to believe that your passwords or Personal Information is no longer secure, please promptly notify us at firstname.lastname@example.org.
OTHER RIGHTS AND IMPORTANT INFORMATION
Due to the nature of ahoy!’s business, our Services are not marketed to minors. ahoy! does not knowingly solicit or collect Personal Information from children under the age of 13 (and in certain jurisdictions under the age of 16). This applies to any Personal Information directly collected by us, but does not apply to the Personal Information provided to us by third-party services and organizations or from our Customers regarding their Subscribers (please refer to the terms of their respective privacy policies). If we learn that we have collected Personal Information from a child under the age of 13 (and in certain jurisdictions under the age of 16) in relation to the Services, we will promptly delete that information.
California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the Third Parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. If you are a California resident and would like to make such a request, please submit your request to email@example.com.
Links to Third Party Websites
Updated July 12, 2019