Privacy Policy | Silverpop
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Privacy Policy

Effective as of February 22, 2009 (click here to see the previous version of our Privacy Policy)

At Silverpop, we respect and protect the privacy of our clients and visitors to our Web site. This Privacy Policy explains how visitors’ and clients’ personal information is collected and used. This Privacy Policy applies to the Silverpop Web site and our products and services. Visitors and clients can update their personal information by visiting one of our personal preference pages:

Preference Center

Information Collection and Usage

Silverpop collects information at several different points on our Web site in order to better serve client and visitor needs. Silverpop is the sole owner of the information collected on this site. Under no circumstances will Silverpop sell, share or rent this information in any manner to any unaffiliated third parties.

Silverpop’s Web site offers several opportunities for visitors to register for promotional and informational mailings, online Webinars and resources, and for assistance in evaluating our software and services. These registration forms enable users to opt in to Silverpop's mailing lists and require users to give contact information (such as name and email address). We use this contact information to send the requested information about our company, products and services. Notice is given at the point of collection to enable users to choose whether or not they consent to the usage terms. Those who have signed up and subsequently wish to withdraw their participation may opt out of receiving future mailings at any time (see the opt-out section below).

All financial and billing information we collect is used solely to check credit qualifications of prospective clients and to invoice our clients for their usage of Silverpop products and services.

Silverpop will not use client-provided content or email address lists for any purpose whatsoever other than to construct and send messages as intended by the client providing such lists and/or content. Email lists will neither be used by Silverpop for solicitation, nor will they ever be provided to any third party, nor will they be accessible through Silverpop by any client other than the client providing the list.

Opt out and Update of Information

If an individual no longer wishes to subscribe to Silverpop newsletters and promotional communications, he or she can easily opt out of receiving them by following instructions included in each newsletter or communication. If personally identifiable information changes, or if an email recipient no longer desires to receive specific mailings, he or she may correct, update or delete all information or specific details by making the change on our preference center page.

SPAM

Silverpop is an industry leader in permission-based email marketing. Click here to read our Anti-Spam Policy.

Children's Online Privacy Protection Act (“COPPA”)

Silverpop will not knowingly accept any information from children under the age of 13. For any children under the age of 13, a parent or guardian will need to contact Silverpop to provide consent for any portion of the site that gathers personal information. We require our clients to comply with COPPA with respect to their use of Silverpop products.

Security and Privacy

Silverpop takes every precaution to protect the confidentiality and security of the personal information of Web-site visitors and clients by using industry-standard security safeguards, such as firewalls, coupled with carefully developed security procedures. These measures are designed to protect visitor and client information from loss, misuse or unauthorized alteration. Silverpop uses a third party for credit card processing. This intermediary is solely a link in the distribution chain and is not permitted to store, retain or use the information provided except for the sole purpose of credit card processing.

Silverpop’s employees are trained and required to safeguard client and Web-site visitor information. Using physical, electronic and procedural safeguards, we restrict access to such personal information to only those employees with a “need-to-know” for business purposes. Additionally, we conduct periodic audits (including via external security experts) to review the adequacy of our security procedures.

Automatic Collection of Anonymous Data

Following standard industry practice, Silverpop uses pixel tags and other methods to gather information about the emails it sends to registered Web-site users and recipients of emails sent by the company’s registered users to others. Pixel tags are tiny graphic files that are included in HTML-encoded email messages. When such a message is opened in an HTML-capable email program, the recipient's computer will access Silverpop's servers to retrieve the pixel tag file, allowing Silverpop to record and store information such as email address, date and time the recipient viewed the email message, if the recipient's email program is capable of receiving HTML, and other logging information. Silverpop uses this information to optimize delivery of future messages to specific recipients and to provide information to registered users with respect to emails they send through the Silverpop System.

Silverpop maintains log files tracking IP addresses to analyze trends, help diagnose problems with our servers, and to monitor traffic/usage in order to provide better service to our clients and Web-site visitors.

Silverpop uses cookies to deliver content specific to Web-site visitors’ interests and to improve the convenience and efficiency of our clients’ experience when using our products and services. A cookie is a piece of data stored on the user's hard drive tied to statistical information about the user. Usage of a cookie is in no way linked to any personally identifiable information in Silverpop products and email messages. Visitors can always choose to not accept cookies, but in doing so they may not be able to use some of the Silverpop products and services. Some of our business partners, such as our Web analytics provider, also use cookies on our site. These cookies are used to track visitor behavior, and Silverpop has no access to or control over these cookies. This Privacy Policy covers the use of cookies by Silverpop only and does not cover the use of cookies by any third parties

Safe Harbor Data Privacy Notice for European Union Web site visitors and clients

Silverpop abides by the European Union (“EU”) Safe Harbor Framework Principles for protecting the privacy of data flowing from the EU to the United States. This portion of our Privacy Policy outlines our general policy and practices for implementing the Safe Harbor Principles, including the type of information to which this notice applies, how we use personal information, and the choices individuals have regarding our use of, and their ability to correct, that personal information. If there is any conflict between the policies in this notice and the Safe Harbor Principles, the Safe Harbor Principles will govern.

Silverpop complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Silverpop has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Silverpop's certification, please visit http://www.export.gov/safeharbor/


International Clients


Silverpop enters into email marketing agreements with its clients in the EU that may include the processing of information relating to our clients' customers. In these agreements, the EU client agrees and recognizes that it is the “data controller” for the purposes of data protection legislation. This means that our EU clients are responsible for complying with the data protection legislation in the relevant Member State before they send their customer data to Silverpop for processing. Any data processed by Silverpop is only disclosed to third parties at the request and direction of its EU clients as the data controllers, or when required by law. Any information that our EU clients identify as sensitive will be treated as such.

Sensitive Information


"Sensitive information" is a subcategory of personal information. Sensitive information is defined as personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or the sex life of the individual. Sensitive information also includes personal information received from a third party where the third party treats and identifies it as sensitive.

Disclosure

We will comply with the Safe Harbor Principles with respect to disclosures of sensitive information, including, when applicable, obtaining the individual’s explicit consent prior to disclosing sensitive information to a third party or using sensitive information for purposes other than those for which it was originally collected or subsequently authorized by the individual. Transfers of information permitted under this notice, either to third parties or within Silverpop, include the transfer of data from one jurisdiction to another, such as transfers to and from the United States of America. Silverpop will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

Silverpop conducts compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Silverpop determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.

Privacy Officer

Silverpop has a Chief Privacy Officer who is responsible for the internal supervision of Silverpop privacy policies. Silverpop educates its employees about compliance with the Safe Harbor Principles and has self-assessment procedures in place to ensure its compliance.
Dispute Resolution

Silverpop participates in the Direct Marketing Association (DMA) Safe Harbor dispute resolution process. If an individual feels this company is not abiding by its posted privacy policy or is not in compliance with the Safe Harbor principals, he or she should first contact Silverpop's Compliance Manager by email at privacy@silverpop.com. If the individual does not receive acknowledgment of his or her inquiry or the inquiry has not been satisfactorily addressed, the individual should then contact the DMA Safe Harbor Dispute Resolution Program. The DMA will act as a liaison to Silverpop to resolve the person’s concerns.

Individuals can contact the DMA Safe Harbor Dispute Resolution Program at:

Safe Harbor Line
Direct Marketing Association
1615 L Street, NW, Suite 1100
Washington, DC 20036
Safeharbor@the-dma.org

Disclosures and Transfers

Silverpop does not disclose personal information to third parties, except when one or more of the following conditions is true:

(i) We have the individual's permission to make the disclosure;
(ii) The disclosure is permitted by law or mandatory professional standards;
(iii) The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
(iv) The personal information to be disclosed is publicly available;
(v) The party to whom the disclosure is made controls, is controlled by, or is under common control with Silverpop;
(vi) The disclosure is reasonably necessary for the establishment or maintenance of legal claims; or
(vii) The disclosure is to persons or entities for which we are providing services, provided the disclosure is consistent with the purpose for which the personal information was obtained.

It is possible that as we continue to develop our business, Silverpop may be acquired. In such a transaction, client information may be transferred to the acquiring entity. If, as a result of the business transition, the users' personally identifiable information will be used in a manner materially different from that stated at the time of collection, they will be given choice consistent with our notification-of-changes section.

Links to other Web sites

Silverpop's Web site, or messages created with Silverpop Services, may contain links to other Web sites. Silverpop is not responsible for the privacy practices or the content of such other Web sites. Third parties may independently collect information about Web site visitors when they view ads or other communications from third parties through Silverpop products or services. If visitors do not want those companies to collect information about them, they should contact these companies directly.

Changes to this Policy

Silverpop will notify its Clients and subscribers via email if we make any changes to our Privacy Policy. Any new policy will be posted on our site at least thirty (30) days prior to its taking effect. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify impacted subscribers via email. Subscribers will have a choice as to whether or not we use their information in this different manner.

Contact Us

If you have questions or concerns regarding this Policy, you should first contact the Chief Privacy Officer at the contact address listed below or via email at privacy@silverpop.com.

Chief Privacy Officer
Silverpop Systems Inc.
200 Galleria Parkway, Suite 750
Atlanta, GA 30339

Phone: 770-763-3048 

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