Personal information: The types of personal information or personal data we may collect about you include:
- your name;
- your contact details, including email address, mailing address, street address and/or telephone number;
- your age and/or date of birth;
- your demographic information, such as postcode; and
- any other personal information requested by us and/or provided by you or a third party.
We may collect these types of personal information directly from you or from third parties.
Collection and use of personal information
We may collect, hold, use and disclose personal information for the following purposes:
- to enable you to access and use our services or the services of our customers, including storing it;
- to contact and communicate with you;
- for internal record keeping and administrative purposes; and
- to comply with our legal obligations and resolve any disputes that we may have.
List and email information: When you add subscribers or create an email, we have and may access the data on your list and the information in your email. If a Subscriber chooses to use the ‘forward to a friend’ (FTF) link in an email campaign you send, it will allow the Subscriber to share your email content with individuals not on your Subscriber List.
Information from your use of the Service: 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.
Information from other sources: We may receive more information about you or your Subscribers, such as name, email address, demographic information, IP addresses, location, and use of social media websites, by searching the Internet or querying third parties (we refer to that information as “Supplemental Information”). We use Supplemental Information to develop features including Social Profiles, a tool that helps you learn about your Subscribers and allows you to send them more relevant content.
Disclosure of personal information to third parties
We may disclose personal information to:
- third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
- courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
- third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia including in the U.S.A.
Please note that we use the following third parties to process your personal information: Amazon Web Services, U.S.A.
By providing us with personal information, you consent to the disclosure of your personal information to third parties who are outside Australia and, if you are a European Union (EU) citizen, to third parties that are outside the EU. Where the disclosure of your personal information is solely subject to Australian privacy laws (and not subject to the GDPR), you acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.
Our responsibilities as a ‘processor’ under the GDPR
Where we are a processor, we have contracts containing certain prescribed terms in our contracts with controllers, including:
- not to use a sub-processor without the prior written authorisation of the data controller;
- to co-operate with supervisory authorities;
- to ensure the security of its processing;
- to keep records of processing activities;
- to notify any personal data breaches to the data controller; and
- to employ a data protection officer and appoint (in writing) a representative within the European Union if required by the GDPR. (These are not required for the company at the present time).
Your rights and controlling your personal information
Complaints: If you believe that we have breached the Australian Privacy Principles or an article of the GDPR and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact the Office of the Australian Information Commissioner if you wish to make a complaint.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures such as the pseudonymisation and encryption of personal information, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
Cookies and web beacons
We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see https://www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.
Links to other websites
DATA COLLECTED FOR AND BY OUR USERS
As you use our Services, you may import into our system Personal Information you have collected from your Subscribers or other individuals. 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 our uses of Personal Information, 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 Users (“Service Providers”). All Service Providers enter into a contract with us that protects Personal Information and restricts their use of any Personal Information consistent with this policy. 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 may share this information, including Subscriber email addresses, with third parties in line with the approved uses. If you are a Subscriber and no longer want to be contacted by one of our Users, please unsubscribe directly from that User’s newsletter or contact the User 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 User of your request. We will retain Personal Information we process on behalf of our Users for as long as needed to provide our Services or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.
CONTENT OF CAMPAIGNS
A Subscriber List can be created in a number of ways, including by importing contacts, such as through csv. Your Subscriber Lists are stored on a secure Ampjar server. We do not, under any circumstances, sell your Subscriber Lists. If someone on your Subscriber List complains or contacts us, we might then contact that person. Only authorised employees have access to view Subscriber Lists. You may export download your Subscriber Lists from Ampjar at any time via your subscriber page.
If we detect abusive or illegal behavior related to your Subscriber List, we may share your Subscriber List or portions of it with affected ISPs or anti-spam organisations.
NOTICE OF A SECURITY BREACH
a security breach causes an unauthorised intrusion into our system that affects you or people on your Subscriber Lists, then Ampjar will notify you as soon as possible and later report the action we took in response.
SAFEGUARDING YOUR INFORMATION
We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. 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 If you have any questions about the security of your Personal Information, you may contact us through our website. Ampjar accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your Subscriber Lists is sensitive, account passwords are encrypted, which means we cannot see your passwords.
Our servers and offices are located in the United States and Australia respectively. Your information may be transferred to, stored, or processed in the United States and, or Australia at any time. While the data protection, privacy, and other laws of the United States and Australia might not be as comprehensive as those in your country, we take many steps to protect your privacy. By using our Websites, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and Australia and those third parties with whom we share it as described in this policy.
USERS LOCATED IN AUSTRALIA
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.
ACCURACY OF DATA
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. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. We will retain your information for as long as your account is active or as long as needed to provide you with our Services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our Agreements.
We will give any User or Subscriber, access to any Personal Information we hold about them within 14 days of any request for that information. Individuals may request to access, correct, amend or delete information we hold about them by contacting us through our website. Unless it is prohibited by law, we will remove any Personal Information about an individual, either you or a Subscriber, from our servers at your or their request.
Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email and mailing address and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us through our website.
For any questions or notices, please contact us at:
101 Avenue of the Americas,
New York, NY 10013
For more information about GDPR or for an executable copy of our DPS/DPA please email us at firstname.lastname@example.org