Definitions and How We Collect Information

In this document "Sendmarc"/"we"/ "us" refers to:

Sendmarc Inc, Registration Number SR# 20230211167, 221 W 9th St, Wilmington, Delaware, 19801
Sendmarc Europe B.V, Registration Number RSIN 864234818, Keizersgracht 555, Amsterdam 1017 DR, Netherlands.
Sendmarc (Pty) Limited, Registration Number 2018/336082/07, 1 Sturdee Avenue, Rosebank, South Africa, 2196
Sendmarc Pty Ltd, Registration Number 678 709 950, 21B Charles Street, Birkdale, QLD, 4159, Australia

How We Collect Information

Complete our online contact form. These details may include your name, address, email address, telephone number, company name and company size. We may also ask you to provide additional information about yourself and your preferences;
Interact with us using social media;
Provide your contact details to us when accessing or registering to use any websites, applications, or services we make available, or when you update those details; and/or
Contact us offline, for example, by telephone, SMS, email, or post.

What We Do with Your Information

When you interact with our website, as part of the online communication process, we collect the personal information you give us such as your name, phone number, and email address.

When you browse our website, we may also automatically receive and store certain personally non-identifiable information ("Log Data"). This Log Data includes your computer's internet protocol (IP) address, browser type or the domain from which you are visiting, the site pages you visit, the search terms you use, and any advertisements on which you click. This is information that helps us learn about your browser and operating system. For most users accessing the Internet from an Internet service provider, the IP address will be different every time you log on. We use Log Data to provide you with the services and pool it with other information to monitor the use of the services, and for the technical administration of the services. We do not associate your IP address with any other Personal Information to identify you personally, except in cases where we are asked to comply with a subpoena or other legal demand or where we suspect that there has been a violation of our policies, our Terms of Service and/or applicable law.

Email marketing (if applicable): With your permission, we may send you emails about our website, new products, our company and other updates.

To the extent permissible under applicable law, we use your information to:

Provide any information about our products that you have requested;
Manage our relationship with you (e.g.: via customer services and support activities);
Monitor, measure, improve, and protect our content, website, applications and services, and provide an enhanced, personal, user experience for you;
Undertake internal testing of our website, applications, systems and services to improve their security and performance. In these circumstances, we anonymize any information used;
Provide you with any information that we are required to send you to comply with our regulatory or legal obligations;
Detect, prevent, investigate, or remediate crime, illegal, or prohibited activities, or to otherwise protect our legal rights (including liaison with regulators and law enforcement agencies for these purposes);
Contact you to find out if you would like to take part in any of our further customer research (e.g.: feedback on your use of our products, and services);
To monitor, carry out statistical analysis and benchmarking, provided that in such circumstances, it is on an aggregated basis, which will not be linked back to you or any living individual;
Deliver targeted advertising, marketing, or information to you, which may be useful to you, based on your use of our products;
Deliver joint content and services with third parties with whom you have a separate relationship (e.g.: social media providers); and
Provide you with location-based services (e.g.: advertising and other personalized content), where we collect geo-location data.

When you provide us with personal information via one of our online touch points (such as a web form, platform input, lead form, social lead), you consent to our collecting it and using it only for the reason for which you sent us your information. Where we ask for your personal information for a secondary reason, like marketing or research, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

If you change your mind after you have opted in, you may withdraw your consent for us to contact you, collect more information, use, or disclose your information, at any time, by contacting us at any of the Sendmarc regional offices.

If your browser supports it, you can turn on the Global Privacy Control to opt-out of the "sale" or "sharing" of your personal information here.

Disclosure

We may disclose your personal information if we are required to do so by law or if you violate our general terms and conditions.

2. Third Party Services

We will not intentionally disclose your Personal Information, whether for commercial gain or otherwise, other than with your consent or in the manner as set out in this Privacy Policy.

Sendmarc may share your Personal Information under the following circumstances:

with our agents, service providers and suppliers that have agreed to be bound by this Privacy Policy or similar terms, which offer the same level of protection as this Privacy Policy;
with our employees, suppliers, service providers and agents to the extent that they require such Personal Information in the provision of services for or to us, which include hosting, development and administration, technical support and other support services relating to the Website or the operation of the Sendmarc business. We will authorize any Personal Information processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them and containing confidentiality and non-disclosure provisions;
to enable us to enforce or apply any other contract between you and us;
to protect our rights, property or safety or that of our customers, employees, contractors, suppliers, service providers and any other third party;
to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors or any other third;
with governmental agencies and other regulatory bodies, if required to do so by law or there is a reasonable belief that such is necessary for:
- compliance with the law or with any legal process;
- the protection and defense of the rights, property or safety of Sendmarc, or our customers, employees, contractors, suppliers, service providers or any third party; and
- the detection, prevention and management of actual or alleged fraud, security breaches, technical issues, or the abuse, misuse or unauthorized use of the Website and contraventions of this Privacy Policy.

Links

When you click on links on our site, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

3. Financial Information on your credit / debit card

This information is never taken by us either through our website or otherwise. At the point of payment, you are transferred to a secure page on the website PayFast or PayPal. That page may be addressed in our "livery", but it is not controlled by us. Our staff and contractors never have access to it or any information submitted via It.

4. Financial Information about Debits

When you have agreed to set up a direct debit arrangement, the information you have given to us is passed to our debit order processing company SagePay or some other reputable payment service provider for processing according to our instructions. We do not keep a copy.

5. Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.

We keep your information secure by taking appropriate technical and organizational measures against its unauthorized or unlawful processing and against its accidental loss, destruction, or damage. We do our best to protect your personal information, but we cannot guarantee the security of your information if it is transmitted to our website, applications, or services, or to other websites, applications, and services, via an internet or similar connection.

If you provide us with your personal information, the information is encrypted using secure socket layer technology (SSL). Although no method of transmission over the internet or electronic storage is 100% secure, we follow and implement additional generally accepted industry standards.

6. Cookies

Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.

Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser) or may remain on your computer until you delete them or until a defined period of time has passed.

Although your browser software enables you to disable cookies, we recommend that you allow the use of cookies in order to take advantage of the features of our website that rely on their use. If you prevent their use, you will not be able to use all the functionality of our website. Here are the ways we use cookies:

to record whether you have accepted the use of cookies on our web site. This is solely to comply with the law. If you have chosen not to accept cookies, we will not use cookies for your visit, but unfortunately, our site will not work well for you.
to allow essential parts of our website to operate for you.
to operate our content management system.
to operate the online notification form – the form that you use to contact us for any reason. This cookie is set on your arrival at our web site and deleted when you close your browser.
to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.
to collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.
to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.
to record your activity during a web cast. An example is as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for three months, when it will delete automatically.
to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for 90 days.
for analytics and performance monitoring: We use analytics tools and technologies to understand how users interact with our websites and SaaS platforms, including page views, feature usage, click patterns, user flows, session duration, and performance metrics. We may use third-party analytics services such as Google Analytics, Adobe Analytics, or similar tools to collect this information through cookies, pixels, web beacons, and similar tracking technologies. This data helps us improve our services, identify technical issues, optimize user experience, and enhance platform functionality. Analytics data may be retained for up to 26 months unless you opt out through your browser settings or our preference center.
to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube's privacy-enhanced mode.

7. Data may be transferred

As a global company, we may transfer your personal information to countries where we do business or to international organizations in connection with the purposes identified herein.

For data subjects in the EEA or Switzerland: Where we transfer your personal information from a location within the EEA or Switzerland to a country or international organization outside of the EEA or Switzerland and that country does not provide a level of protection for personal information which the European Data Commission ("the Commission") deems adequate, we use and adhere to the standard contractual clauses ("SCC's") approved by the Commission to legitimately transfer personal information. You may obtain a copy of these measures by contacting us as per below.

Whenever we transfer your personal information, we will ensure that anyone with whom we share your personal information will treat it with the same level of protection that we are obliged to.

8. Your Rights Under the Data Protection Laws

Sendmarc adheres to applicable data protection regulations, which provide data subjects with certain rights relating to their personal information subject to any legal exceptions. These rights include:

The right to access personal information that we hold about you;
the right to rectify inaccurate personal information that we hold about you;
The right to ask us to erase your personal information in certain circumstances;
The right to restrict the processing of your personal information;
the right to receive your personal information from us in a structured, commonly used and machine readable format and to transmit your personal information to a third-party without obstruction;
the right to withdraw your consent at any time;
The right to object to the processing of your personal information at any time;
The right not to be subject to a decision based solely on automated processing;
The right to lodge a complaint with a data protection supervisory authority if you believe that your data protection rights relating to your personal information have been breached by Sendmarc.

9. Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and / or disclose it.

10. Questions and contact information

If you would like to access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information, please contact our Privacy department using the details below:

Privacy Department

Contact number: +1 984 459 2865
Email address: [email protected]
Physical address: 221 W 9th St, Wilmington, Delaware, 19801

If you are unhappy with how we have used your personal information and believe it to be contrary to any data protection regulations, please get in touch with us immediately.

If you are not satisfied with the outcome of our dispute resolution process, you have the right to lodge a complaint with the relevant data protection authority, whose details will be furnished to you upon request, if not included below.

South Africa – Information Regulator
Contact number: +27 (0) 12 406 4818
Email address: [email protected]

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