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CUSTOMER CONTACT DATA NOTICE

 

Last modified: March 15, 2023




ABOUT CONSTANT CONTACT



Constant Contact, Inc. (together with its subsidiaries, “Constant Contact”, “us”
or “we”) offers its customers a range of services, including email and digital
marketing services and lead generation and customer relationship management
services. We are a service provider to our customers, most of whom are small
businesses and non-profits. Our products and services help our customers design
and send email newsletters, share them on social networks, manage lists of
contacts and marketing preferences, and track email campaign results. We analyze
that information and send communications to customers’ contacts only at the
direction of the customer who provided the information, and only on that
customer’s behalf. We do not have a direct relationship with the recipients of
our customers’ emails (“Contacts'' or “you”).



We require our customers, including the sender of the email you received, to use
our platform only for permission-based marketing, in compliance with
our Acceptable Use Policy. If you believe you have received unwanted,
unsolicited messages sent through our platform (or seemingly sent through our
platform), please forward a copy of that message with your comments for review
to one of the following: for email and digital marketing services
to abuse@constantcontact.com; and for lead generation and customer relationship
management services to crm-abuse@constantcontact.com.



COLLECTION OF CUSTOMERS’ CONTACT DATA



Contact Data Provided by our Customers



Our customers upload lists of their contacts, including their email addresses,
names, and other contact data, into their Constant Contact account in order to
use our products. We may also collect our customers’ contacts’ demographic data,
shopping histories and details about such contacts’ interactions with marketing
communication. Our customers then use our platform and technology to send email
campaigns to people on their contact lists. Our customers are required to obtain
permission before adding an email address to their lists. Constant Contact does
not share contact lists uploaded by a customer with any of its other customers,
nor do we email to our customers’ contact lists for our own purposes.

Contact Data Provided by You 

Constant Contact will have your email address and other contact data under the
following circumstances:



 * If you sign up to receive emails from one or more of our customers, including
   by means of a sign-up form or link;

 * If you register for an event held by one of our customers; or

 * If you otherwise submit your email address to our customer by means of a
   product or service offered by Constant Contact.
   
   
   

Constant Contact also receives information directly from you when you interact
with an email marketing campaign or other Constant Contact product that our
customers may use as part of the services we provide to them, including when you
sign up to our customers’ email lists. We hold any data received as part of
campaigns on behalf of our customer, and as such you need to contact our
customer if you have any questions.


Email campaigns sent from our platform may include a web beacon that allows us
to determine, on behalf of our customers, if you open an email, as well as the
email delivery status and your geographic location. Email campaigns may also
contain other tracking technology that allows us to determine what you click on
in an email and if you unsubscribe or change your subscription preferences. This
web beacon and other tracking technologies also allow us to collect log data,
including your IP address, browser type and version. We share information about
email delivery, email opens, email clicks, and subscription preferences, as well
as aggregated information about browser types, with our customers so they can
optimize their campaigns, customize offerings to you, understand your level of
engagement with them and any other uses the customer describes in its online
privacy policy.

Please note that web beacons may be refused when delivered via email by
disabling HTML images or refusing HTML (select “Text Only”) emails via your
email software. Other tracking technologies used in our email campaigns are only
activated when you click on a link in an email or otherwise interact with
content in an email, and you may opt out of such data collection by not
interacting with emails sent from our platform.

We may also collect data about the devices that are used to access our
customers’ websites including IP address, type of operating system and the
content that is viewed on our customers’ websites and how users navigate between
our customers’ webpages.



We (or another third party) may also set a cookie on your browser when you
access an event registration form, donation form, coupon, or similar website
from a customer’s email in order to better track visitors to such website. For
more information on how to manage cookies in your web browser,
visit http://www.allaboutcookies.org.



USE AND SHARING OF CUSTOMERS’ CONTACT DATA 



We will never email our customers’ lists of contacts for our own purposes. We
provide information we collect about your interaction with the email that was
sent using our products to our customers and use it on behalf of our customers
to provide our products and services, to improve our products and services, and
in connection with our security and compliance programs.

We may share your information with service providers who develop certain
features and functionality that integrate with our products, provided that such
sharing is authorized by our customers. This allows us to make certain features
of our services available to Constant Contact customers. We impose obligations
on our service providers to ensure they use data in a manner consistent with our
use and consistent with applicable privacy laws.

We may also disclose your personal information as required by law, such as to
comply with a subpoena or other legal process.

We are located in, and store and process your information in, the United States,
although we may use service providers outside the United States. When we
transfer your information to service providers, we do so in compliance with
applicable privacy laws.



Customer Contact Targeting



We offer our customers certain features that allow them to better target who
they contact through our products and services. In order to do this, we may also
partner with third parties who can provide our customers with information about
you. If both you and our customer are located outside of the European Union,
this may include demographic information, shopping histories, geographic
location and details about customers’ contacts’ interactions with marketing
communications. We require that these partners are contractually or legally
permitted to share this information with our customers and with us.

Our customers opt in to these features so that they can optimize their
campaigns, segment their lists, and better customize their offerings to you. We
require all our customers to comply with applicable laws and maintain compliant
privacy policies. For more information about how our customers use the enriched
data we provide them, and about how you can opt out of having this data
collected by our customers, please contact the sender (our customer) of the
communication you received.




CHOICE/OPT-OUT



All emails you receive through our platform include an easy, automated way to
stop receiving marketing emails from the sender (unsubscribe). Certain senders
also allow you to change the topics you’re interested in by updating your
profile with our customers. If you wish to unsubscribe or update your profile,
simply click on the Unsubscribe, SafeUnsubscribe® and/or Update Profile links at
the end of any email you receive from a Constant Contact sender.  If you believe
you have received an unsolicited commercial email from us on behalf of any of
our customers, you may report it to us at one of the following: for the email
and digital marketing services at abuse@constantcontact.com; and for the lead
generation and customer relationship management services at:
crm-abusedesk@constantcontact.com.




REQUESTS RELATED TO YOUR PERSONAL INFORMATION



Constant Contact does not own the contact lists or databases held by our
customers. We are a “data processor” or “service provider” under applicable
privacy laws, which means that we have an obligation to keep your data safe and
secure. We take instructions from our customers who are the “data controllers”
or “businesses” (to the extent such privacy laws apply to them) to send emails
on their behalf and to assist them with fulfilling data subject rights requests
made directly to them, such as correcting or deleting an individual’s contact
information. If your personal information is held in a Constant Contact
customer’s database, it is our customer’s responsibility to deal with your
request in their role as a data controller and to the extent necessary, we will
support them.

If you have a query or would like to make a data subject rights request under
applicable privacy laws, we recommend that you reply to the email address on the
communication you received for further contact details and information as we are
unable to provide any additional information about our customers.



Although not currently relied upon as a legal basis for transfer, Constant
Contact participates in and has certified its compliance with the EU-U.S.
Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (together,
the “Frameworks” or the “Privacy Shield Frameworks”). Constant Contact is
committed to subjecting all Personal Data received from the EEA, UK and
Switzerland, respectively, in accordance with each Privacy Shield Framework, and
to the Framework’s applicable Principles. To learn more about the Privacy Shield
Framework, and to view our certifications, visit the U.S. Department of Commerce
at https://www.privacyshield.gov/list. 

Constant Contact is responsible for the Processing of Personal Data it receives,
under each Privacy Shield Framework, and subsequently transfers to a third party
acting as an agent on its behalf. Constant Contact complies with the Privacy
Shield Principles for all onward transfers of Personal Data from the EEA, UK and
Switzerland, including the onward transfer liability provisions.

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



If you have an unresolved privacy or data use concern that we have not addressed
satisfactorily, please contact our U.S.-based third party dispute resolution
provider (free of charge) at https://feedback-form.truste.com/watchdog/request.



Under certain conditions, as more fully described on the Privacy Shield website,
you may be entitled to invoke binding arbitration when other dispute resolution
procedures have been exhausted.

You can contact the Data Protection Officer listed below to obtain a copy of the
data transfer agreement or more information regarding the relevant safeguard we
put in place. For more information about the EU-US Privacy Shield Framework and
the Swiss-US Privacy Shield Framework, please visit the U.S. Department of
Commerce’s Privacy Shield website.



You may click on the seal to check Constant Contact’s privacy verification
status.





 

 




NOTIFICATION OF CHANGES



We may update the information on this page at any time, so please review it
frequently.

Contact Us 

If you have any questions about this document, please contact us at
privacy@constantcontact.com or 1601 Trapelo Road, Waltham, Massachusetts 02451,
USA.

28826375.2






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