Privacy Policy

Thanks for using ahoy! or visiting one of our websites. Please carefully read this privacy policy as it provides important information about ahoy!’s privacy practices. We take your privacy extremely seriously, and we never sell lists or email addresses. If you have any questions about this privacy policy, please contact us at privacy@ahoyemail.com.

Ahoy Technologies, Inc, a State of Georgia corporation, and its group of companies (collectively, “ahoy!”, “we”, “us” or “our”) are committed to protecting the privacy of information you provide to us. Accordingly, ahoy! provides this privacy policy to inform you about our online information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can request access, correction, portability, or deletion of such information (our “Privacy Policy”).

DEFINITIONS

SCOPE

Except as where otherwise indicated, this Privacy Policy is effective with respect to any data that we have collected, or collect, about and/or from you. It applies to individuals who: (a) visit ahoy!’s websites (“Websites”); (b) register to attend ahoy!’s online or offline events (“Events”); (c) use ahoy!’s email marketing platform and related marketing services through the Websites (“Platform”); or (d) use the Services. We provide online platforms that you may use to market to or stay in contact with others, including creating, sending, and managing emails and other information related to your Subscribers (the “Services”). The “Websites” include the Websites themselves, and any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online, mobile, or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device, or other technology, manner or means. When we say “Customer,” we are referring to the person or entity that is registered with us to use the Platform or Services. When we say “you,” we are referring to Customers and/or to some other individual who visits any of our Websites or attends or Events. 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. While providing the Services, and as described in more detail below, we may collect Personal Information about a Website visitor, Customer, person or email address on or related to a list of Subscribers.

YOUR INFORMATION

Information we collect
We collect your Personal Information in the following ways:

Use and Disclosure of Your Personal Information
We may use and disclose your Personal Information only for the following purposes:

Combined Information: We may combine Personal Information with other information we collect or obtain about you (such as information we source from our third party partners), to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this Privacy Policy. When we combine Personal Information with other information in this way, we treat it as, and apply all of the safeguards in this Privacy Policy applicable to, Personal Information.

Disclosure of Personal Information to Third Parties
We may disclose Personal Information to the following types of third parties for the purposes described in this Privacy Policy:

Data Collected for and by our Customers
As you use our Services, you may import into our system Personal Information you have collected from your Subscribers or other individuals. As part of our Services, we may use and incorporate into features information you have provided, we have collected from you, or we have collected about Subscribers. 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. We may transfer Personal Information of you or your Subscribers to third parties that help us promote, provide, or support our Services or the services of our Customers (“Service Providers”). Service Providers’ use of Personal Information is restricted in line with the approved uses in the “Use and Disclosure of Your Personal Information” section.

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.

Subscribers
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 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. Only authorized employees have access to view Subscribers. You may export (download) your Subscribers from ahoy! at any time.

We will use and disclose the information about your Subscribers only for the reasons discussed in this Privacy Policy. We will not use and disclose the information about your Subscribers to:

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.

Anonymous and Aggregated Information
ahoy! may use your Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Sites or other online Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and ahoy! may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within ahoy! and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

YOUR CHOICE

You have the right to opt out of certain uses and disclosures of your Personal Information, as set out in this Privacy Policy.

General
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.

Email Communications
An “Unsubscribe” button will be provided in each marketing communication sent to you by ahoy! so that you can opt-out of such communications. However, we may continue to send transaction-related emails regarding products or Services you have requested in response to such request including, for example, a support inquiry. We may need to send you certain communications regarding the Services and you will not be able to opt out of those communications, including for example, communications regarding updates to this Privacy Policy.

“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.

INTERNATIONAL TRANSFER

ahoy! primarily stores Personal Information sent or collected via or by ahoy! in the United States and the European Union (as applicable), in the cloud, our servers, the servers of our group of companies, or the servers of our Service Providers. To facilitate our global operations, we may transfer and access such information from around the world. To carry out the email delivery function of the Platform, we may need to transfer such information around the world. Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to ahoy!, you consent to the transfer and storage of Personal Information in these locations.

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 privacy@ahoyemail.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.

RETENTION

We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes (for example, if you have a new email address), then you are responsible for notifying us of those changes. ahoy! retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

SECURITY

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.

Our credit card processing vendor uses security measures to protect your information both during the transaction and after it is complete. Our vendor is certified as compliant with card association security initiatives, including the Visa Cardholder Information Security and Compliance (CISP), MasterCard® (SDP), and Discovery Information Security and Compliance (DISC). We also perform annual SOC II audits. If you have any questions about the security of your Personal Information, you may contact us at privacy@ahoyemail.com.

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 privacy@ahoyemail.com.

ACCOUNTABILITY

If after reviewing this Privacy Policy, you would like to submit a request or you have any questions or privacy concerns, please contact us at privacy@ahoyemail.com. ahoy! will address your concerns and attempt to resolve any privacy issues in a prompt manner. If you are a EU or Swiss citizen and feel that ahoy! is not abiding by the terms of this Privacy Policy, please contact ahoy! at the contact information provided above. If any request remains unresolved, you may contact the national data protection authority for your EU Member State.

OTHER RIGHTS AND IMPORTANT INFORMATION

Children
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 privacy@ahoyemail.com.

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

Changes
ahoy! may update this Privacy Policy from time to time as it deems necessary in its sole discretion. The most recent version of the Privacy Policy is reflected by the version date located at the bottom of this Privacy Policy. ahoy! will provide notification of any material changes to this Privacy Policy through the Website or as otherwise required by applicable law. We encourage you to review this Privacy Policy periodically to be informed regarding how ahoy! is using and protecting your information and to be aware of any policy changes. Your continued relationship with ahoy! after the posting or notice of any amended Privacy Policy will constitute your agreement to be bound by any such changes. Our electronically or otherwise properly stored copies of this Privacy Policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Policy which were in effect on each respective date you visited the Website. Any changes to this Privacy Policy take effect immediately after being posted or otherwise provided by ahoy!.

Contact Us
If you have any questions about this Privacy Policy or the Services, please contact us directly at: privacy@ahoyemail.com. Written inquiries may be addressed to: ahoy!, Attn: Privacy, 112 Krog Street NE Suite 112, Atlanta, GA 30307, USA

V1.0 Updated May 20th, 2018