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Terms & Condition



Privacy Policy

Thanks for using PowerMTAKudos. This policy explains the what, how, and why of the information we collect when you use our Services. It also explains the specific ways we use and disclose that information. We take your privacy extremely seriously, and we never sell lists or email addresses.

THE BASICS

Changes

If there are any material changes to this Privacy Policy, well post them on the Website and send them to the last email address you gave us. Any changes will be effective as of the date we post them on the Website or send the email (whichever date is later). You may object to any changes within 20 days after they are posted on our Website or delivered to you, in which case none of the proposed changes will be effective with respect to information that we have already collected from you, but will apply only to information we collect in the future. We wont treat information of any open account differently from any other open account. If you object to changes in our Privacy Policy, we'll have to terminate your account.

Scope

This Privacy Policy is effective with respect to any data that we have collected, or collect, about and/or from you, according to our Terms of Use.

Questions & Concerns

If you have any questions or comments, or if you want to update, delete, or change any Personal Information we hold, or you have a concern about the way in which we have handled any privacy matter please use our contact form to get in touch. You may also contact us by postal mail or email at:contact@PowerMTAKudos.com

YOUR INFORMATION

Information We Collect

1. Information You Provide to Us: When you use the Services, consult with our customer service team, send us an email, post on our blog, or communicate with us in any way, you are giving us information that we collect. That information may include your and your Subscribers’ IP address, name, physical address, email address, phone number, credit card information, operating system, as well as details like gender, occupation, location, birth date, purchase history, and other demographic information. By giving us this information, you consent to your information being collected, used, disclosed, transferred to the United States and stored by us, as described in our Term of use and Privacy Policy.

2. List and Email Information: When you add an email Distribution List or create an email with the Services, we have and may access the data on your list and the information in your email.

3. Information from your Use of the Service: We may get information about how and when you use the Services, store it in log 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’ve taken within the application.

4. Cookies and Tracking: When you use PowerMTAKudos, we may store cookies, tags, or scripts, which are strings of code, on your computer. We and our analytics Service Providers (like Google) use those cookies to collect information about your visit and your use of our Website or Services. You may turn off cookies that have been placed on your computer by following the instructions on your browser, but if you block cookies, it may be more difficult (and maybe even impossible) to use some aspects of the Services.

5. Web Beacons: When we send emails to Members, we may track behavior such as who opened the emails and who clicked the links. We do that to measure the performance of our email campaigns and to improve our features for specific segments of Members. To do this, we include single pixel gifs, also called web beacons, in emails we send. Web beacons 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 Web Beacons in the emails we deliver for you. We use the data from those Web Beacons to create the reports about how your email campaign performed and what actions your Subscribers took. Reports are also available to us when we send email to you, so we may collect and review that information.

6. Information from Other Sources: We may get more information about you or your Subscribers, like name, age, and use of social media websites, by searching the internet or querying third parties (well refer to that information as Supplemental Information). We use Supplemental Information to develop features like Social Profiles, a tool that helps you learn about your Subscribers and send them more relevant content.

7. Information from the use of our Mobile Apps: When you use our mobile apps, we may collect information about the type of device and operating system you use. We may ask you if you want to receive push notifications about activity in your account. If you opt in to these notifications and no longer want to receive them, you may turn them off through your operating system. We don't access or track any location-based information from your mobile device unless you've given us permission. We may use mobile analytics software to help us better understand how people use our application. We may collect information about how often you use the application and other performance data. We don't collect or link that data with any personally identifiable information.

Use and Disclosure of Your Personal Information

We may use and disclose your Personal Information only as follows:

1. To promote use of our Services. For example, if you leave your Personal Information when you visit our Website and don't sign up for any of the Services, we may send you an email asking if you want to sign up. And if you use any of our Services and we think you might benefit from using another Service we offer, we may send you an email about it. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email we send.

2. To send you informational and promotional content that you may choose (or ‘opt in’) to receive. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.

3. To bill and collect money owed to us. 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 Section 12 below.

4. To send you System Alert Messages. For example, we may let you know about temporary or permanent changes to our Services, like planned outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy. 5. To communicate with you about your account and provide customer support.

6. To enforce compliance with our Terms of Use and applicable law. This may include developing tools and algorithms that help us prevent violations.

7. To protect the rights and safety of our Members and third parties, as well as our own.

8. To meet legal requirements like complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.

9. To provide information to representatives and advisors, like attorneys and accountants, to help us comply with legal, accounting, or security requirements.

10. To prosecute and defend a court, arbitration, or similar legal proceeding.

11. To provide, support, and improve the Services we offer. This includes aggregating information from your use of the Services and sharing such Aggregated Information with third parties.

12. To provide suggestions to you. This includes adding features that compare Members' email campaigns, or using data to suggest other publishers your Subscribers may be interested in.

13. To transfer your information in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Policy, including your rights to access and choice. We'll notify you of the change either by sending you an email or posting a notice on our Website.

Data Collected for and by our Users.

As you use our Services, you may import into our system personal information you've collected from your Subscribers. We have no direct relationship with your Subscribers, and you’re responsible for making sure you have the appropriate permission for us to collect and process information about those individuals. We may transfer personal information to companies that help us provide our Services (Service Providers.) All Service Providers enter into a contract with us that protects personal data and restricts their use of any personal data in line with this policy. As part of our Services, we may use and incorporate into features information you’ve provided or we’ve collected about Subscribers as Aggregate Information. We may share this Aggregate Information, including Subscriber email addresses, with third parties in line with the approved uses in Section 6.

If you're a Subscriber and no longer want to be contacted by one of our Members, please unsubscribe directly from that Members newsletter or contact the Member 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 Member of your request.

We'll retain personal data we process on behalf of our Members for as long as needed to provide services to our Members or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.

Public Information and Third Parties

1. Blog. We have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us here If we’re unable to remove your information, well let you know why.

2. Social Media Platforms and Widgets. Our Websites include social media features, like the Facebook Like button. These features may collect information about your IP address and which page you’re visiting on our site, 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 site. We also maintain presences on social media platforms like Facebook, Twitter, and Instagram. 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.

3. Links to Third-Party Sites. Our Websites include links to other websites, whose privacy practices may be different from PowerMTAKudos’s. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to read carefully the privacy policy of any Website you visit.

4. Service Providers. If it's necessary to provide you something you’ve requested, like send you a T-shirt or enable a feature like Social Profiles, then we may share your personal information to a Service Provider for that purpose. We'll tell you we’re working with a Service Provider whenever reasonably possible, and you may request at any time the name of our Service Providers.

Contest and Sweepstakes

We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on our Websites or through social media (collectively Our Promotions). Participation in our Promotions is completely voluntary. Information requested for entry may include personal contact information like 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 also may, 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. We may share this information with our affiliates and other organizations or Service Providers in line with this policy and the rules posted for the Promotion.

Content of Email Campaigns

When you send an email marketing campaign, it bounces around from server to server as it crosses the Internet. Along the way, server administrators can read what you send. Email wasn’t built for confidential information. If you have something confidential to send, please don’t use PowerMTAKudos.

Sometimes we review the content of our Members email campaigns to make sure they comply with our Terms of Use. To improve that process, we have software that helps us find email campaigns that may violate our Terms. Our employees or independent contractors may review those particular email campaigns. This benefits all Members who comply with our Terms of Use because, among other things, it reduces the amount of spam being sent through our servers and helps to maintain high deliverability.

YOUR LISTS

Your Distribution Lists

Your Distribution Lists are stored on a secure PowerMTAKudos server. We don't, under any circumstances, sell your Distribution Lists. If someone on your Distribution List complains or contacts us, we might then contact that person. Only authorized employees have access to view Distribution Lists. You may export (download) your Distribution Lists from PowerMTAKudos at any time. We'll use and disclose the information in your Distribution Lists only for the reasons listed under Use of Your Personal Information.

We will not use and disclose the information in your Distribution Lists to: bill or collect money owed to us; send you system alert messages; communicate with you about your account; or send you informational and promotional content.

We may derive Aggregate Information from your Distribution List and will use that information as described in Section 7. If we detect abusive or illegal behavior related to your Distribution List, we may share your Distribution List or portions of it with affected ISPs or anti-spam organizations.

SECURITY

Notice of Breach of Security

Nobody is safe from hackers. If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Distribution Lists, then PowerMTAKudos will notify you as soon as possible and later report the action we took in response.

Safeguarding Your Information

Our credit card processing vendor uses security measures to protect your information both during the transaction and after it's complete. Our vendor is certified as compliant with card association security initiatives, like 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 contact@PowerMTAKudos.com.

PowerMTAKudos 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 Distribution Lists is so sensitive, account passwords are encrypted, which means we can’t see your passwords. We can’t resend forgotten passwords either. We'll only reset them.





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