EFFECTIVE DATE: MARCH 31, 2020
- Our proprietary SaaS marketing product (which includes email marketing, social media marketing, referral forms, review capture and syndication components) and our ReadyChat human-staffed live chat product (collectively, our “Services”);
- Any customer website, including customer profile pages, provided by us in connection with the Services (“Customer Websites”);
- Our mobile app, which enables our Customers to manage their Services, manage contacts and communicate with their customer contacts in connection with their use of the Services (the “App”).
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1. How OutboundEngine collects information
We collect your personal information in a variety of ways. For example:
- Information that you provide to us. We collect personal information when you set up an account with us, use or purchase our Services, or communicate with us. For example, we may request your personal information (e.g., your name, email address, phone number, payment information, and information about your business) when you register or fill out forms on an OE Website or App, purchase subscription services, or communicate with us, as well as any information you provide if you take part in any interactive features of the Service (e.g., promotions, surveys, etc.). We collect information you may provide when providing content or commentary to our service in the form of a customer review. Please note that such reviews are published on our Sites and any personal information contained therein will be viewable by the public.
- Address Book Information. With your permission, we may access your contact list available on your email service or mobile device so we can provide you with our Services.
- Information we receive from social networking sites. When you interact with our Site or the Services through various social media, such as when you share OutboundEngine content on Facebook, Instagram, or other sites, we may receive information from the social network including your profile information and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our Service.
In providing our Service, we collect information on behalf of our Customers, which could include personal information of our Customers’ existing and potential clients, contacts and end users (all of which we call “Customer Data”). We collect Customer Data in a variety of ways, including:
- Provided by our Customers. We may collect personal information, including name, email address and contact information, when our Customers upload or otherwise provide contact lists of existing and potential clients to OutboundEngine or when Customer uploads or updates contacts in a third-party customer relationship management (CRM) platform and, through an API or cloud integration between OutboundEngine and such CRM platform, the contacts are synchronized and automatically added and/or updated within the Sites.
- Collected through Customer Websites and social media sites. We collect personal information from users and visitors on Customer Websites provided by OutboundEngine, such as when a website visitor completes a form, provides information in connection with a request to be contacted by the Customer, or leaves a review. We also collect information from social media networks and services when we manage our Customer’s social media accounts or other social media activity.
- Collected by OE Services deployed on third-party sites and services. Certain features of our Service may be deployed on third-party sites and services, for example, when we provide ReadyChat services on our Customer-owned websites or when we manage Customer profile pages on industry websites. We may collect personal information from website visitors, clients and others who engage with the OutboundEngine Services on Customer-owned sites and services.
We may combine this Customer Data with personal information we receive from third party sources, such as data services, address look-ups, promotional partners and other third party partners, as part of our Services offered to our Customers.
We collect and process Customer Data solely on behalf of our Customers, and in accordance with our agreements with the Customers in order to provide our Services.
We may retain certain non personally -identifiable information related to the data or content linked between third-party services for the purpose of improving our Services.
We do not use or disclose Customer Data except as authorized or required by our Customers and and as provided for in our agreements with our Customers.
We, and our third party partners, automatically collect certain types of usage information when you visit our Sites, read our emails, or otherwise engage with us on our websites or our Customers’ sites and services. We typically collect this information through a variety of tracking technologies, including cookies, locally stored objects (LSOs) such as HTML5, web beacons, file information and similar technology (collectively, “tracking technologies”).
We, and our third party partners, use tracking technologies to automatically collect usage and device information, such as:
- Information about your device and its software, such as your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to uniquely identify your browser, mobile device, or your account (including, for example, a persistent device identifier or an Ad ID), and other such information. We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices.
- Information about the way you access and use our Sites, for example, the site from which you came and the site to which you are going when you leave our Sites, the pages you visit, the links you click, whether you open emails or click the links contained in emails, whether you access the Sites from multiple devices, and other actions you take on the Sites.
- Information about your location, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate or infer a device’s location by analyzing other information, like an IP address.
- Analytics information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Sites and to understand more about the demographics of our users. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners and view its opt-out options at https://tools.google.com/dlpage/gaoptout.
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies; however, doing so may negatively impact your experience using the Services, as some features and services may not work properly. Deleting or blocking cookies does not delete Local Storage Objects (LSOs) or similar technologies that do not rely on cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.
3. Our use of information
We may use your information, including your personal data, as follows:
- To provide you with products or services that you request or in which you express interest;
- For billing purposes and to process your payments;
- To enable you to participate in interactive features of the Services and the App (such as communications with other users);
- To remember your information so you will not have to re-enter it during a subsequent visit; help you efficiently access your information after you sign in; provide, improve, test, update and monitor the OE Websites, the App or the Services; or diagnose or fix technology problems;
- To provide software updates, product support, product enhancements and other services to you related to the Services, the OE Websites, the App and the Customer Websites;
- To improve, market or promote OutboundEngine’s products and services (including the Services and the App);
- To contact you, including about the Services, the App or your account;
- To customize the advertising and content you see;
- To alert you to product upgrades, special offers, updated information and other new products and services offered by OutboundEngine, our Customers and our third party partners;
- To respond to comments, questions or requests for customer service;
- To display advertisements, including advertisements from third parties;
- For any other purpose we may describe when you provide the information.
4. Information Sharing and Disclosure
OutboundEngine may, share your personal information in the instances described below. For further information on your choices regarding your information, see the “Control Over Your Information” section below.
We may share personal information that we collect with:
- Agents, vendors or contractors that OutboundEngine uses to support the operations of our business and that perform services on our behalf, which may include serving targeted advertisements, sending emails, processing payments, providing web hosting and analytic services, subject to reasonable confidentiality terms.
- Third party providers with whom we engage to provide Services to our Customers. These service providers may use personal information only for the purposes for which it is disclosed to them and are required to keep the information confidential, unless disclosure is reasonably necessary to perform the agreed-upon service.
- Other parties in connection with a transaction or potential transaction where OutboundEngine merges with another organization, files for bankruptcy, or sells some or all its assets or capital stock.
- With other companies and brands owned or controlled by OutboundEngine, or under common ownership and control as OutboundEngine. These companies will use your personal information in the same way as we can under this Policy.
We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.
5. Control Over Your Information.
Modifying Your Account. If you have an OutboundEngine account, you may be able to modify your information within the Services and the App themselves. In addition, you may request to modify certain information associated with your OutboundEngine account where it is incorrect or incomplete at any time by contacting OutboundEngine and describing the change you would like to make, however, we cannot guarantee that all such requests will be accommodated.
Subscription to Third Party Applications When you register or create an account with a third-party services that integrates with the Sites and/or the Services, you may be required to provide access to your content or data. The manner in which your content or data is stored and disclosed by such third-party service is governed by their respective Privacy Policies and OutboundEngine shall have no liability in negligence, contract, tort, common law or other theory of liability for their violations of same.
Email Communications. From time to time, we may send you emails regarding updates to our Service, products or services, notices about our organization, or information about products/services we offer (or promotional offers from third parties) that we think may be of interest to you, including emails on behalf of one of our customers.
If you wish to unsubscribe from such emails, simply click the “unsubscribe link” provided at the bottom of the email communication. Note that you cannot unsubscribe from certain services-related email communications (e.g., account verification, confirmations of transactions, technical or legal notices).
When you unsubscribe from an email sent by OutboundEngine on behalf of a Customer, we will no longer send you email communications on behalf of our Customers. Please note that this unsubscribe does not apply to any email communications that may be sent to you directly by a Customer in accordance with that Customer’s applicable policies and agreements. Please contact the Customer if you have questions about the Customer’s practices or if you would like to unsubscribe from all email communications that may be sent to you by the Customer.
SMS/Text Messages and calls. Depending on the features and functionality of the Services used by a Customer, a Customer may be able to communicate with you through the Services by phone or SMS/Text. OutboundEngine does not send nor control these calls or SMS/text messages sent by Customers through our Service. If you do not wish to receive SMS/Text messages, please reply “STOP” to any message a Customer sent to you through the OutboundEngine Service and OutboundEngine will endeavor to prevent its Customers from sending you any further SMS/texts through the Service. Please contact the Customer directly to request to opt-out from all future communications from that Customer.
6. Third-Party Tracking and Online Advertising
We may share, or we may permit third-party online advertising networks, social media companies and other third-party services, to collect information about your use of our Sites and Services over time so that they may play or display ads that may be relevant to your interests on our Sites as well as on other websites or apps, or on other devices you may use. Typically, though not always, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including hashed data, click stream information, browser type, time and date you visited the site, and other information. This information is used to display targeted ads on or through our Sites or on other websites, apps or services. We or the online advertising networks use this information to make the advertisements you see online more relevant to your interests. We may also display targeted advertising to you through social media platforms, such as Facebook, Twitter, Google+ and others. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our Service or our Customers’ services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. These advertisements are governed by the privacy policies of those social media companies that provide them.
As noted above, depending on your browser or mobile device, you may be able to manage cookies and other tracking technologies through the settings on your browser or mobile device. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android). To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices, and you may also adjust your ad preferences through your Facebook settings. You may also be able to opt-out of some – but not all – interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.
Google Analytics and Advertising. We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Sites. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by vising NAI’s online resources at http://www.networkadvertising.org/choices.
7. Data Retention
We may retain information we collect until we no longer need the information to fulfill our legitimate business purposes, or for a period of time specifically required or allowed by applicable laws, rules or regulations. We may, though we have no obligation to, retain Customer Data beyond the term of the Customer agreement unless we receive a deletion request from a Customer.
If you no longer want us to maintain or use your information, you can send an e-mail to [email protected]. Please note that even after we delete your personal data, we may retain some information as necessary to fulfill our legitimate business interests, such as fraud detection and prevention, and to comply with our legal obligations. For example, OutboundEngine reserves the right to keep transaction related information for record keeping purposes.
Please note that OutboundEngine may not be able to modify or delete Customer Data in certain circumstances, except at the request of our Customer. Please contact the Customer directly if you have questions about how a Customer may use your personal information.
8. Other Websites and Services
The Services, OE Websites, the App or Customer Websites may contain links to or associations with other websites or services that we do not own or operate (e.g. LinkedIn). We are not responsible for the practices employed by any websites or services linked to or from the Services, OE Websites, the App or Customer Websites, including the information or content contained within them. Your browsing and interaction on any other website or service are subject to the applicable third party’s rules and policies, not ours. If you are using a third-party website or service. You do so at your own risk.
9. Confidentiality and Security
We maintain commercially reasonable physical, electronic, and procedural safeguards designed to protect information that is protected by law, from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. These safeguards include storing your information on our secure servers behind firewalls.
Despite the actions and precautions we take, however, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of the information you send to us via email or the Internet and you acknowledge and agree that you transmit it to us at your own risk.
In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, if notification and/or other steps are required by international, federal or state law, we will cooperate and assist Customers in fulfilling those legal obligations.
At all times, each Customer will remain responsible for the privacy and security of the Customer Data that it collects and processes and for compliance with authorizations and consents provided by data subjects and all applicable data protection laws that may apply to its collection, processing and disclosure of Customer Data through the Services.
10. OutboundEngine’s relationship with customers
11. International Transfers
The Services, OE Websites, the App and Customer Websites are generally intended for United States residents. We store data on servers in the U.S. or any other country in which OutboundEngine or its affiliates, subsidiaries, agents or contractors maintain facilities.
12. Children’s Privacy
The Services, OE Websites, the App and Customer Websites are not intended for children under the age of 13. We do not knowingly solicit or collect information from children under 13. If we learn that any personal information has been collected inadvertently from a child under 13, we will delete the information as soon as possible. If you believe that we may have collected information from a child under the age of 13, please contact us at [email protected].
13. Your California Privacy Rights
California Civil Code Section § 1798.83 permits visitors that are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please contact us at [email protected].
15. Questions and Suggestions
98 San Jacinto Boulevard, Suite 1300
Austin, TX 78701