Information Tracking and Usage
To the extent it is permitted by applicable laws, Emarsys eMarketing Systems AG (in the following referred to as “Emarsys” or “we”) tracks and gathers certain information on this website that helps us to better understand our visitors’ needs related to our website and our services. We will never share this information with third parties unless explicitly stated upon subscription, in this policy or ordered by a court of law. When data sharing will occur, the third party or parties will be referenced explicitly at the point of subscription. If you have signed up for email marketing, the personal data that you gave upon registration will be used to send you personalized newsletters, product news, valuable tips and exclusive offers. Subscribers can withdraw their consent to receive marketing communications by using the “unsubscribe” link at the bottom of each email, or by emailing email@example.com.
Request of Information
On some pages of our website users have the option to register for various Emarsys services – e.g. newsletter, download of whitepapers, etc. – using data capture forms. These forms usually require the user’s name, email address, company, as well as other information that is necessary to provide the requested service. The user may choose to provide additional non-mandatory information that enables us to provide a more personalized service. To the extent it is permitted by applicable laws, we may also directly contact website users based on the information they have provided to promote Emarsys’ products. In case of requests from countries in which Emarsys does not handle requests itself but they are handled by affiliated companies or other representatives, we may also transfer the data to the responsible affiliated company or representative for said purpose (in each case only to the extent it is permitted by applicable laws). The users can object to the use of their data as described above at any time by emailing firstname.lastname@example.org.
Our website uses “cookies”. Cookies help us understand our visitors’ needs and interests, and we use that information to improve our website and the services offered on the individual pages. They are not linked to any personally identifiable information. If a user rejects the cookie, our site may still be used, however the user’s access to some areas of our website may be limited.
Emarsys specifically uses Google Analytics and re-targeting cookies to allow 3rd party service providers to provide advertisements on our behalf across the internet. These service providers may collect your IP address and non-personal data about your visits. This is completely anonymous and does not include your name, address, email address or other personal information. Additionally, these cookies are used to gather anonymous statistical information on how the website is browsed. These cookies will expire after 10 years.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. For more information about cookies, including how to set your internet browser to reject cookies, please go to www.allaboutcookies.org or http://www.networkadvertising.org. You can specifically opt-out of Google Analytics using this tool.
Shared Usage of Data
We reserve the right to share accumulated, general demographic data for statistical purposes with selected partners. These data do not contain any personally identifiable information.
Contacts Under Sixteen Years of Age
Emarsys does not specifically target anyone under the age of sixteen. Persons under the age of sixteen are not permitted to use the Emarsys marketing platform.
This website contains links to other sites. Please note that Emarsys is not responsible for the privacy practices or the content of any other websites to which we link.
Other Types of Information Gathering
Occasionally our website gathers visitors’ data via temporary marketing activities such as webinars, free trial accounts, surveys, etc. Participation in these activities is on a voluntary basis, which allows the visitor to decide whether to disclose any personal data or not. Such data may include, but is not limited to, contact information (e.g. name, email, phone number) and demographic information (e.g. zip code, date of birth). The data will be used to provide the visitor with the service requested. Data gathered via surveys will be used for improving our website and services. Where explicit consent is given, data provided will also be used for Emarsys marketing communications, such as email and direct mail. The subscription details can be referenced on the form being filled. Further information can be found under the sub-header ‘Information Tracking and Usage’ within this policy.
Changing/Editing Personal Information
Users can change, edit or remove any information provided to us at the time of registration for an Emarsys service by resubmitting details via an online form, or by completing a contact request on the website. In the instance that a user seeks solely to remove personal information, the request can be made by emailing email@example.com.
By subscribing to our email marketing, you will be the first to learn about new products, valuable tips and news as well as exclusive offers. After signing up you will receive a confirmation email with an activation link to start receiving the newsletter. Emails will be sent from or include the brand name ‘Emarsys’ within. Email sending frequency will vary. If you no longer wish to receive our emails you can unsubscribe at any time, simply by clicking the “unsubscribe” link in the footer of any of our emails. Alternatively, consent can be withdrawn by emailing firstname.lastname@example.org.
We use the email address specified during a purchase (including email addresses provided to Emarsys for using the purchased Emarsys services) for direct marketing activities for our own similar products or services. These mailings are intended to inform you about the product(s) you have bought. You are able to unsubscribe without costs other than the transmission costs pursuant to the basic rates being incurred in this regard by clicking on the link in every email or by sending us an email to email@example.com.
In addition to direct marketing, we might use the email addresses, which you have provided to Emarsys, for sending you marketing based on one or more of the following legal bases: (i) your consent (Art. 6 (1) lit. a GDPR), (ii) necessity for the performance of our contracted services to you (Art. 6 (1) lit. b GDPR), and (iii) our legitimate interests (Art. 6 (1) lit. f GDPR).
Users who wish to no longer receive promotional emails may click on a link named “unsubscribe” which is embedded in every email sent by Emarsys. Alternatively, consent can be withdrawn by emailing firstname.lastname@example.org.
If a visitor decides to use our referral service in order to inform a friend or colleague about our website, we request the name and email address of the recipient. Following this, Emarsys sends exactly one automated message to the friend or colleague, with an invitation to visit our website. Emarsys does not store the corresponding data.
External Service Providers
California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act, Cal. Civ. Code §§ 1798.100 et seq. (“CCPA”) is a U.S. law enacted in the State of California with an effective date of January 1, 2020. Generally, it expands upon the privacy rights of California consumers, and requires certain companies to comply with various data protection requirements.
The CCPA grants California consumers new rights with respect to the collection of their personal information and requires companies to comply with certain obligations related to those rights, to include, among other things, notification to consumers before or at the point of collection.
The CCPA distinguishes between a “business” and a “service provider.” Emarsys’ customers that collect and store personal information within the Emarsys services platform may be considered businesses under the CCPA. Please consult your legal counsel to determine whether you meet the definition of a “business” under the CCPA as this determination is beyond the services provided by Emarsys. Under the CCPA, businesses bear the primary responsibility for ensuring that their processing of personal data is compliant with relevant data protection law, including the CCPA.
In support of our customers, and their need to comply with the CCPA, Emarsys provides a CCPA Addendum, which our customers can download here.
In its role under the CCPA, Emarsys acts as a “service provider,” as such term is defined therein, with respect to the processing of personal information through our services. Therefore, Emarsys collects, accesses, maintains, uses, processes and transfers the personal information of our customers and our customers’ end-users processed through the Emarsys services solely for the purpose of performing our obligations under our existing contract(s) with our customers; and, for no commercial purpose other than the performance of such obligations and improvement of the services we provide. More specifically, Emarsys only processes the personal information provided to us by our customers according to the specific directions of such customers and does not sell any such personal information for commercial gain.
Lastly, as a service provider under the CCPA, Emarsys cannot, and will not, respond to a California consumer’s (as that term is defined under the CCPA) request to exercise his or her rights under the CCPA except to acknowledge receipt of such request and direct the requesting consumer to the appropriate customer of Emarsys (if Emarsys can determine such appropriate customer from the information provided by the California consumer and our internal records. However, Emarsys will not request the California consumer to provide additional information to determine his or her identity, or the identity of the relevant customer. If the identity of our customer can be determined from the information provided by the requesting California consumer and our internal records, Emarsys will promptly forward the request and notification to our customer to allow it to timely comply with its response obligations under the CCPA.
NOTE: Emarsys does not provide legal counsel to its customers relating to the applicability of, nor their obligations under, the CCPA in relation to their operations and/or services. Emarsys recommends our customers seek their own professional legal counsel on these issues to ensure their compliance with all applicable laws.
Notification in Case of Policy Change
Emarsys North America Inc
10 W Market St., Suite 1350
Indianapolis, IN 46204
Data protection officer:
Emarsys eMarketing Systems AG