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EmailOpen Privacy Statement

Privacy Statement was last modified Tuesday, September 2017

Akalia Interactive, Inc. and its affiliates (“EmailOpen”) are committed to protecting the privacy of individuals who visit the EmailOpen Web site and individuals (“Application Users”) who register to use the Services as defined below. This Web Site Privacy Statement describes EmailOpen’s privacy practices in relation to the use of the EmailOpen Application Web site and the related applications and services offered by EmailOpen under the “EmailOpen” brand and which applications and services are accessible via the EmailOpen Application Web site listed below (the “Services”).

You have the right to request a copy of the data stored by a specific EmailOpen client pertaining to you at any time. These requests will be referred to that client and, upon their approval, we will disclose that data to you. You may ask that we update your personal information or unsubscribe your email address from any or all of our clients mailing lists. There is no charge for an individual to access, update their personal Information or unsubscribe their email address. Requests for data, updates and unsubscription will be answered within 10 business days and should be sent via our contact us form or by mail to:
Akalia Interactive Inc.
P.O. Box 6085
Malibu, CA  90264
Attention: Privacy Manager

1. Web Sites Covered

This Privacy Statement covers the information practices of a web site that links to this Privacy Statement, including http://www.emailopen.com, https://start.emailopen.com (collectively referred to as “EmailOpen Application Web Site”). The EmailOpen Application Web Site may contain links to other web sites. The information practices or the content of such other web sites are governed by the privacy statements of such other web sites. EmailOpen encourages you to review the privacy statements of other Web sites to understand their information practices.

2. Services

When using EmailOpen, the Application Users may upload mailing lists and deliver newsletter content via email ("EmailOpen Email") or web pages ("EmailOpen Landing Page") for their subscribers and employees ("Email Recipient"). The EmailOpen Application Web Site provides metrics about the EmailOpen Email campaigns readership including detailed reports about Email Recipient behavior and actions relating to the EmailOpen Email and EmailOpen Landing Page. All this information remains the client's property and is only stored and processed by EmailOpen for the purposes of providing its Services.

3. Information Collected

When purchasing the Services, EmailOpen may require you to provide the number of employees within the organization that will be using the Services and individually-identifiable information from Application Users who register to use the Services. As you navigate the EmailOpen Application Web Site or use the Services, EmailOpen may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (“Application Web Site Navigational Information”). Through our mailing list import tool, signup and survey forms, public API, and any custom integrations available with our Services, you may add data about your contacts. This data should be directory information and should not contain any sensitive data that may require protection beyond that provided by the EmailOpen Application Web Site. Application Web Site Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, HTTP header information, and the actions you take on the EmailOpen Application Web Site (such as the Web pages viewed, the links clicked or the last application settings you chose.).

4. Use of Information Collected

EmailOpen may use Application Users information to perform the Services requested including to provide Application Users with access to EmailOpen Application Web Site, support for the Services and metrics about the EmailOpen Email campaigns readership including detailed reports about Email Recipient behavior and actions relating to the EmailOpen Email and EmailOpen Landing Page. EmailOpen may also use Application Users information to make improvements to the EmailOpen Application Web Site or to communicate updates about EmailOpen Application Web Site and Services it provides as well as to .
EmailOpen uses Application Web Site Navigational Information to operate and improve the EmailOpen Application Web Site user experience. EmailOpen may also use Application Web Site Navigational Information alone or in combination with Application Users information to provide personalized information about the Services. For additional information about the use of Application Web Site Navigational Information, please review Section 5 of this statement. EmailOpen may use both Application User information and Application Web Site Navigational Information to enforce the EmailOpen Application Web site policies, or to protect the EmailOpen’s rights and intellectual property or the rights of others using the EmailOpen Application Web Site or the Services.

5. Application Web Site Navigational Information

EmailOpen uses commonly-used information-gathering tools, such as cookies and Web beacons, to collect information from your computer as you navigate the EmailOpen Application Web Site, interact with EmailOpen Email, or use the Services. This section describes the types of Application Web Site Navigational Information used on the EmailOpen Application Web Site and in connection with the Services, and how this information may be used.

Cookies

EmailOpen uses cookies and JavaScript to make interactions with the EmailOpen Application Web Site possible and easy. When you visit the EmailOpen Application Web Site or use the Services online, EmailOpen’s servers may send a cookie to your computer. Cookies allow EmailOpen to track Application Users login status, Application Users preferences, and to make Application Users visit to the EmailOpen Application Web Site easier by recognizing them and providing them with a customized experience. Standing alone, cookies do not personally identify the Application Users; they merely recognize their Web browser. For a more thorough explanation of what cookies are and how they operate, including how to see which cookies have been set and how to manage or delete them, please visit www.allaboutcookies.org.
EmailOpen uses cookies that are session-based and persistent-based. Session cookies exist only during one session, i.e., only while you are using, reading or navigating the EmailOpen Application Web Site. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that if you disable your Web browser’s ability to accept cookies, you will not be able to navigate the EmailOpen Application Web Site. Similarly, if you disable JavaScript, some features of the EmailOpen Application Web Site may not function properly, and some areas of the EmailOpen Application Web Site may not function at all.
The following sets out how EmailOpen uses the 2 different categories of cookies:
Session-based Cookies:
Session-based Cookies are required. They enable you to navigate the EmailOpen Application Web Site and use its features, such as accessing secure areas of the EmailOpen Application Web Site and using the Services.
EmailOpen uses Session-based Cookies containing encrypted information to allow EmailOpen to uniquely identify you. Each time you log into the Services, a cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These cookies allow EmailOpen to uniquely identify you when you are logged into the Services and to process your online transactions and requests.
Persistent-based Cookies:
Persistent-based Cookies allow the EmailOpen Application Web Site to remember information you have entered or choices you make (such as date range selections for list views or application preference settings.) and provide enhanced, more personal features. These cookies also enable you to optimize your use of the Services after logging in.
EmaiOpen Application Web Site uses Persistent-based Cookies only to remember Application User's preferences and doesn't store any personal information about the Application Users nor is used "outside" of the EmailOpen Application Web Site. They are not required to use the EmailOpen Application Web Site or Services.

Web Beacons

EmailOpen uses a transparent pixel image within the EmailOpen Emails that are sent to uniquely identify whether the Email Recipient has opened the EmailOpen Email or not. The transparent pixel is making an http image download call to the server which identifies the Email Recipient and marks the EmailOpen Email as opened. The transparent pixel is not used in conjunction with cookies.
Links click-through are also tracked within EmailOpen Emails and EmailOpen Landing Pages. The tracking is performed via encoded URLs. There are absolutely no cookies or beacons involved in performing this tracking.
When the EmailOpen proprietary social media comment and likes functions are used on the EmailOpen Landing Pages, Email Recipient behavior is also tracked via encoded URLs and forms.
EmailOpen doesn't use any Cookies to track the Email Recipient behavior or actions on EmailOpen Emails and EmailOpen Landing Pages.

IP Addresses

When you visit or use the EmailOpen Application Web site, we automatically receive your computer’s Internet Protocol (IP) address (or the proxy server you use to access the World Wide Web). This information may be used to help us improve the Service and to track and aggregate non-personal information. EmailOpen may also use this information to restrict access the EmailOpen Application Web Site to your Application Users account.

6. Data Retention

EmailOpen retains the information we receive as described in this Privacy Statement above for as long as needed to provide our Services. In the event of your account closure, EmailOpen will retain data added to your account using the Services on the EmailOpen Application Web Site for 40 days, at most, after which that data will be aggregated and deleted, unless you have specifically requested EmailOpen to maintain its availability or to comply with lawful requests by public authorities, including to meet national security or law enforcement requirements.

7. Email Recipient Data
As part of using our Services, Email Recipients may submit electronic data or information to the Services (“Email Recipient Data”) which may include Personal Information. EmailOpen generally has no direct relationship with the individuals to whom Email Recipient Data may pertain, which we process on the behalf of Application Users. Any uses of Email Recipient Data by EmailOpen are done so pursuant to a subscription agreement in place between EmailOpen and the relevant the Application User (or his/her organization), which exclusively govern the EmailOpen’s treatment of Customer Data and supersede this Privacy Statement in case of conflict, or as required by law. If an authorized Application User requests that we update or remove the data in question and the Application User has no ability to do so via use of the Services, we will acknowledge their request within 30 days.

8. Security

EmailOpen takes precautions, including administrative, technical, and physical measures – to help safeguard Application User information against loss, theft, and misuse as well as unauthorized access, disclosure, alteration, and destruction. While we follow generally accepted standards to protect information submitted to us, including the use of secure socket layer (SSL) technology and the Transport Layer Security (TLS) protocol, no method of storage or transmission is 100% secure. Application Users are solely responsible for protecting their passwords, limiting access to their computers, and signing out of the Services after their sessions.

9. International Use

We are headquartered in the United States of America. EmailOpen Application Web Site and data are hosted in the United States. Personal information may be accessed by us or transferred to us in the United States. By providing us with personal information, you consent to this transfer. We will protect the privacy and security of personal information according to this privacy statement, regardless of where it is processed or stored, however you explicitly acknowledge and consent to the fact that personal information stored or processed in the United States will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your personal information.

EmailOpen participates in and has certified its compliance with the EU-US and Swiss-US Privacy Shield Frameworks (the “Framework”). EmailOpen is committed to subjecting all personal data received from European Union (“EU”) member countries and Switzerland in reliance on the Privacy Shield Framework to the Framework's applicable principles. To learn more about the Framework, visit the U.S. Department of Commerce’s Privacy Shield web site.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, EmailOpen is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, EmailOpen may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

For any onward transfer of personal data from the EU or Switzerland to a third party processor related to providing EmailOpen’s services, EmailOpen complies with the Privacy Shield Principles and assumes potential liability for the appropriate protection of that data.

EmailOpen will make any reasonable effort, in concert with the EmailOpen customer(s) involved (if any), to address and correct the issue, including editing or removing any data stored pertaining to that individual. Any unresolved Privacy Shield complaints will be referred to JAMS, our chosen alternative dispute resolution provider. Should this arbitration fail, the complaint may be subject to binding arbitration before the Privacy Shield Panel, in accordance with the Privacy Shield Agreement. All of these remedies are offered at no cost to the complainant, as long as the complainant is an individual.

Questions and inquiries concerning your privacy should be sent via our contact us form or by mail to:
Akalia Interactive Inc.
P.O. Box 6085
Malibu, CA  90264
Attention: Privacy Manager

10. Disclosure of Personal Information to Third Parties
EmailOpen will not sell, rent, or otherwise disclose your personal information to a third party for their own purposes.

EmailOpen may disclose your personal information:
- For legal purposes: if we are lawfully issued a subpoena or legally required to provide information, we comply within the limits of that request. Information provided may include personal information about you disclosed to our legal representative and other parties associated with the legally binding request such as law enforcement.
- In the case of a sale or merger: if EmailOpen is sold to or merged with another service provider, your personal information may be transferred to that entity.

11. California Privacy
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 contact form or by mail to:
Akalia Interactive Inc.
P.O. Box 6085
Malibu, CA  90264
Attention: Privacy Manager

12. Changes to this Privacy Statement
EmailOpen reserves the right to change this Privacy Statement. If we later change our Privacy Statement, we will post a new privacy statement on this Site so our users are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

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