Privacy Policy

PRIVACY
POLICY

Last Updated: February 14, 2018

Your privacy is important to Liveclicker, Inc. (“Liveclicker”, “we”, “us”), so we are providing you with this Privacy Policy (“Policy”) so you are able to understand how we collect, use, and share your information. This Policy is split into three sections: the first provides information about our public website(s) that link to this Policy (the “Sites”), the second provides information about our RealTime Email service, including our RealTime Behavioral Profiles service, we provide to our clients (“RealTime Email”) (together with the “Sites”, the “Services”), and the third provides you with information that applies to all the Services. The second section includes information our Services may process on behalf of our clients, which our clients then use to provide services to their own customers. This Policy does not apply to websites, applications, or services that display or link to different privacy statements.

We collect and process personal information about you with your consent and/or as necessary to provide the products you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our clients, or fulfill other legitimate interests.

SECTION 1 – OUR SITES

Information we may collect from you when you use our Sites

We collect information about you in various ways when you use our Sites. We collect information that you provide us by completing forms on our website at www.liveclicker.comwww.thefutureofemail.comwww.videocommerce.com and any other Sites that link to this Policy:

  • • This may include information you provide at the time of registering to use our Sites or our Services and is typically information such as your first and last name, username and password, company name, company size, and information about your company’s email program such as database size.
  • • Information that you upload to, or share through, our site by using our Services. This could include images, videos, or text you upload or personal information you voluntarily share with us.
  • • Information that you provide us by completing surveys on our site or in email messages deployed by us.
  • • If you contact us for customer or technical support, we may keep a record of that correspondence or conversation.
  • • If you create an account using our Services, or instruct our staff to create an account for you, we may use that information in order to facilitate providing you with and maintaining your access to the Services.

Information we collect automatically when you use our Sites

When you visit our Sites, some information is automatically collected. For example, when you visit our Sites your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, and the website you visited before our site are logged automatically. We also collect information about your usage and activity on our Sites.

Cookies.  We may automatically collect information using “cookies.” Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us improve our Services and your experience. We use cookies to see which areas and features are popular and to count visits to our Sites.

Web Beacons.  We may collect information using web beacons. web beacons are electronic images that may be used on our Sites or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.

Analytics. Third parties who provide us with analytics services for the Sites may also automatically collect some of the information described above, including, for example, IP address, access times, browser type and language, device type, device identifiers, and Wi-Fi information. We use persistent cookies for site analytics and performance purposes. In particular, we use Google Analytics on our Sites to improve the site experience. You can find out more about Google’s position on privacy as it regards its analytics service at https://www.google.com/policies/privacy/.

Advertising. Other third parties, including ad-related services, may also automatically collect the above information about you through the Sites and on other sites and services, including personally identifiable information about your online activities over time and across different websites, devices, online services, and applications when you use our Sites. Some third parties help us and others associate your activities across the browsers and devices you use, or that your household uses, for retargeting, cross-device advertising, analytics, and measurement purposes. Some third parties, such as [insert advertisers], may also collect information on behalf of us and others for online advertising purposes and to provide us and others statistics about users of the Sites.

How we may use the information

Our primary goal in collecting information from you is to provide you with an unparalleled level of service when you use our Sites. We use a product usage tracking tool to help us understand how our clients interact with our product so we may consistently make updates and offer innovations to our clients. This usage tracking tool provides us with information on which features of our Sites are used the most and which parts of the user interface need design improvements. The usage data we collect using our product usage tracking tool is associated with specific user accounts, so that we may contact our clients to solicit feedback we then use to improve our Services. We may also use your information to:

  • • operate and improve our internal operations, systems, products, and Services;
  • • understand you and your preferences to enhance your experience and enjoyment using our Services;
  • • respond to your comments and questions and provide customer service;
  • • provide and deliver products and Services you request;
  • • send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
  • • communicate with you about products and services offered by us and our selected partners; and
  • • link or combine information about you with other personal information we get from third parties, to help understand your needs and provide you with better and more personalized service.

We may also use your information to investigate, prevent, or take action regarding unlawful or harmful activities, including without limitation, potential threats to the physical safety of a person, potential fraud, and violations of our client agreements.

How we share the data we collect from our websites and when you use our Services

We do not share your personal information with third parties other than as follows:

  • • with your consent;
  • • with third party vendors, consultants, and other service providers who work for us and need access to your information to do that work;
  • • to (i) comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of Liveclicker our agents, clients, and others including to enforce our agreements, policies, and terms of use or (iii) in an emergency to protect the safety of Liveclicker, its clients, or any person;
  • • in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another company.

We may also share aggregated or deidentified information.

SECTION 2 – REALTIME EMAIL

Information we may collect on behalf of our clients, who use RealTime Email to provide a service to their own customers

It’s possible you discovered our website and this privacy policy through a link or reference in an email message deployed by one of our clients (e.g. em.realtime.email). Our clients use RealTime Email to make their commercial email messages more personalized and appealing for their own customers. To help our clients, we may process some information about you in the following circumstances in order to facilitate RealTime Email for our clients. You should consult our client’s privacy policy and information disclosure policy for additional information about how they use RealTime Email, including their collection, use, and disclosure of your information.

  • • Our clients pass us information about you in connection with the client’s use of our Services. This may include personal information such as your first name or email address or another identifier provided by our client.
  • • When you receive a RealTime Email-enabled email deployed by one of our clients, we will process and collect information about the email, including through the use of tracking technologies such as cookies and web beacons:
    • • We will collect IP address, which is used to identify the country, region, and city you were in when you opened the email message, or other information, such as weather and temperature, at your location
    • • The time you opened the email message
    • • The device type, mail client, and operating system you used when you opened the email message
    • • The language preference settings of your mail client
    • • Other information about your interactions with the message, including the duration which you left the message open
  • When you visit one of our client’s websites and that website that incorporates our tracking technologies such as cookies and web beacons, we will process and collect information about your website activity.
    • • We will collect information including:
      • • Which pages you visited
      • • Which links you clicked on
      • • The amount of time you spent on the client’s website
      • • Additional data as may be specified by our client (such as search terms).

We may combine the information we collect through a client’s website or email message with a unique and anonymous identifier and other information provided by the client or created by our Service with information we obtain from our partners and service providers in order to facilitate RealTime Email for our clients.

How we use the information we may collect about you on behalf of our clients

To help our clients, we may process some information about you in the following ways in order to facilitate RealTime Email for our clients:

  • • To operate, maintain, and improve RealTime Email on behalf of our clients;
  • • understand you and your preferences to enhance your experience and enjoyment when using our clients RealTime Email-enabled messages or websites; and
  • • link or combine information about you with other personal information we get from third parties, to help understand your needs and provide you with better and more personalized service.

How we may disclose the information we may collect about you on behalf of our clients

We may disclose the information we collect as follows:

  • • with the client who delivers you RealTime Email-enabled messages or websites;
  • • with your consent;
  • • with third party vendors, consultants, and other service providers who work for us and need access to your information to do that work;
  • • to (i) comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of Liveclicker our agents, clients, and others including to enforce our agreements, policies, and terms of use or (iii) in an emergency to protect the safety of Liveclicker, its clients, or any person;
  • • in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another company.

We may also share aggregated or deidentified information.

SECTION 3

Your Information Choices and Changes

If you wish to ask for access, correction, or deletion of any of your personal information held by us or a change in the way we use your information (for which we reserve the right to charge you a fee, as permitted by applicable law), please contact us at: privacy@liveclicker.com. However, we may decline requests that are unreasonable, prohibited by law, or are not required to be honored by applicable law.

You may opt out of receiving promotional emails from Liveclicker by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.  

Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies.  If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site.  

Our third-party analytics and advertising partners may provide you with options to opt-out of certain information collection. For more information about the applicable choices they provide you, please visit: https://www.google.com/policies/privacy/ and http://www.aboutads.info/

There are many ways through which web browser signals and other similar mechanisms (for example, “Do Not Track”) can indicate your choice to disable tracking, and, while we and others give you choices described in this Policy, we do not currently honor these mechanisms.

Your European Privacy Rights

We adhere to applicable data protection laws in the European Economic Area, which, if applicable to you, includes the following rights:

  • • If we are processing personal data based on your consent, you have a right to withdraw consent at any time for future processing;
  • • You have a right to request access to and rectification of your personal data;
  • • You have a right to object to the processing of your personal data; and
  • • You have a right to lodge a complaint with a data protection authority.

Please note, if we are processing your data on behalf of our clients, we may not be able to fulfill your request directly and may be required to forward that request on to them.

Transfers Of Information From EU users To The United States; Privacy Shield

Please note that when you use the Services, your information may be sent to the United States or in any other country we or our affiliates, subsidiaries, or service providers maintain facilities. We primarily store data about you on servers located in the United States. We take steps to ensure that the data we collect under this privacy statement is processed according to the provisions of this statement and the requirements of applicable law wherever the data is located.

When we transfer personal data from the European Economic Area to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. When we do, we use a variety of legal mechanisms, including contracts, to help ensure your rights and protections travel with your data.

Accordingly, Liveclicker has certified with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce, and under the jurisdiction of the U.S. Federal Trade Commission (FTC), regarding the collection, use, and retention of “personal data” (as defined under the Privacy Shield principles) from applicable European Union member countries. Liveclicker has certified that it adheres to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement for such personal data. To learn more about the Privacy Shield, view a list of entities who have current certifications under Privacy Shield, or view Liveclicker’s certification, please visit http://www.privacyshield.gov.

Liveclicker’s participation in the Privacy Shield applies to all personal data that is subject to our Privacy Policy and is received from the European Economic Area. We will comply with the Privacy Shield Principles in respect of such personal data.

As required under the principles, when Liveclicker receives information under the Privacy Shield and then transfers it to a third-party service provider acting as an agent on Liveclicker’s behalf, Liveclicker has certain liability under the Privacy Shield if both (i) the agent processes the information in a manner inconsistent with the Privacy Shield and (ii) Liveclicker is responsible for the event giving rise to the damage. Third parties engaged by Liveclicker to process personal data and any of our affiliates receiving personal data must: (i) comply with the Privacy Shield principles or another mechanism permitted by the applicable EU data protection law(s) for transfers and processing of personal data; or (ii) agree to provide adequate protections for the personal data that are no less protective than those set out in this Policy.

If you have any questions or complaints about Liveclicker’s privacy practices, including questions related to the Privacy Shield, you may contact us via email at privacy@liveclicker.com or by mail at:

Liveclicker, Inc

ATTN: General Counsel

19925 Stevens Creek Blvd, Suite 100

Cupertino, CA 95014

If you are a resident of the European Union and are dissatisfied with the manner in which we have addressed your concerns about our privacy practices, you may seek further assistance, at no cost to you, from our designated Privacy Shield independent recourse mechanism: JAMS Privacy Shield Program: https://www.jamsadr.com/eu-us-privacy-shield

Residents of the European Union may elect to arbitrate unresolved complaints but prior to initiating such arbitration, you must: (1) contact Liveclicker and afford us the opportunity to resolve the issue; (2) seek assistance from Liveclicker’s designated independent recourse mechanism above; and (3) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. Each party shall be responsible for its own attorney’s fees. Please be advised that, pursuant to the Privacy Shield, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles with respect to the individual. Liveclicker is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

Storage and Retention of Your Information

We retain your personal information for as long as necessary to provide services requested by you, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements.  Because these needs can vary for different data types in the context of different services, actual retention periods can vary significantly. The criteria used to determine retention include:

  1. How long is the personal data needed to provide applicable services? This includes such things as maintaining and improving the performance of the Services on behalf of you and our clients, enabling system security measures, and maintaining appropriate business and financial records.
  2. Do users provide, create, or maintain the data with the expectation we will retain it until they affirmatively remove it? In such cases, we may maintain the data until actively deleted by the user.
  3. Is the personal data of a sensitive type? If so, a shortened retention time may be appropriate.
  4. Are we subject to a legal, contractual, or similar obligation to retain the data? Examples can include our contractual requirements with our clients, mandatory data retention laws in the applicable jurisdiction, government orders to preserve data, or data that must be retained for the purposes of litigation. 

Security Of Your Information

We take reasonable steps to help protect your information in accordance with this Policy. Unfortunately, as with any platform that collects or stores data, neither the Internet or any security protocols can be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information we collect.

Third Party Links and Services

The Services may contain links to third-party websites, applications and services, as well as embedded images or other third-party content and features. We are not responsible for the content, features, security or practices of any third parties. We do not vet, endorse or make any representations about third parties or their websites, applications or services. The information you choose to provide to or that is collected by these third parties is not covered by this Policy.

Changes To Our Privacy Policy And Practices

Liveclicker reserves the right to change, modify, and add terms to this Policy at any time. If we make any changes to this Policy, we will change the “Last Updated” date above or by providing such notice about or obtaining consent to changes as may be required by applicable law.

Questions

If you have any questions about this Policy, or if you wish to lodge a complaint about our privacy practices, please contact us at privacy@liveclicker.com.