We at Litmus Software, Inc. (“Litmus,” “We,” “Us,” “Our”) know that Our users (“You,” “Your”) care about how Your personally identifiable information (“Personal Information”) is used and shared, and We take your privacy seriously.
We do not knowingly collect or solicit Personal Information directly from anyone under the age of 13 or knowingly allow such persons to register for the Services. If You are under 13, please do not attempt to register for the Services or send any information about Yourself to Us, including Your name, address, telephone number, or email address. No one under age 13 may provide any Personal Information on their own behalf to Us or on the Services. In the event that We learn that We have collected Personal Information from a child under age 13 (and not from a Parent on that child’s behalf), We will delete that information as quickly as possible. If You believe that We might have any information from or about a child under 13 that was not supplied by that child’s Parent, please contact Us at firstname.lastname@example.org.
II. What Information Does Litmus Collect?
A. Information You Provide to Us:
We receive and store any information You provide to Us. For example, We may collect Personal Information such as Your name, address, telephone number, email address, payment card information, browser information, and user name. You can choose not to provide Us with certain information, but then You may not be able to register with Us or take advantage of some features of Our Website or other Services.
B. Information Collected Automatically:
When We collect usage information (such as the numbers and frequency of visitors to the Website), We only use this data in aggregate form, and not in a manner that would identify You personally. For example, this aggregate data tells Us how often users use parts of the Website, so that We can make the Website appealing to as many users as possible. We may also provide this aggregate information to Our partners; Our partners may use such information to understand how often and in what ways people use Our Website, so that they, too, can provide You with an optimal experience. We never disclose aggregate information to a partner in a manner that would identify You personally.
C. E-mail and Other Communications:
We may contact You, by email or other means; for example, We may send You promotional offers on behalf of other businesses, or communicate with You about Your use of the Website or other Services. Also, We may receive a confirmation and/or other information when You open an email from Us. This confirmation and/or other information helps Us make emails more interesting and improve Our service. If You do not want to receive email or other mail from Us, please indicate Your preference through Your account settings at www.litmus.com/identity/edit . Please note that if You do not want to receive legal notices from Us by email, those legal notices will still govern Your use of the Website or other Services, and You are responsible for reviewing such legal notices for changes.
D. Email Analytics:
We offer an email tracking service (“Email Analytics”) that, if available through Your subscription, may allow Us to collect data on Your behalf about the emails that You send. We provide You with a tracking code that You may enter into the body of Your email that will enable Us to collect certain data (as specified by You through Your Services account) on Your behalf about the email recipient. Such data may include, if specified by You, the recipients’ email and IP address, the browser and email client they use, the city that they are located in, and details about how the recipients engage in the email (e.g., whether or not the email was read, forwarded, or printed). You acknowledge and agree that it is in Your discretion as to what data is collected in connection with the Email Analytics, and therefore, You are solely responsible for the collection and use of any such data, including, without limitation, ensuring that such collection and use is in accordance with Your privacy policies and all applicable laws and regulations, including without limitation any applicable EU data protection laws or regulations.
III. Will Litmus Share Any of the Information it Receives?
We share Your Personal Information in personally identifiable form with third parties as described below.
A. Affiliated Businesses and Third Party Websites We Do Not Control: In certain situations, businesses or third party websites We are affiliated with may sell items or provide services to You through the Website or other Services (either alone or jointly with Us). You can recognize when an affiliated business is associated with such a transaction or service, and We will share Your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if You choose to take part in any transaction or service relating to an affiliated website or business, please review all such policies of these affiliated websites or businesses.
B. Agents: We employ other companies and people to perform tasks on Our behalf and need to share Your information with them to provide products or services to You, for example, processing credit card payments. Unless We tell You differently, Our agents do not have any right to use the Personal Information We share with them beyond what is necessary to assist Us.
C. User Profiles and Submissions: Certain user profile information, including without limitation a user’s name and location, and any email, video, image or other content that such user has uploaded to the Website, may be displayed to other users to facilitate user interaction within the Website (for example, to provide examples on the Website blog or to encourage interaction through a Website forum) or address Your request for Litmus’ services. Your account privacy settings allow You to limit the other users who can see the Personal Information in Your user profile and/or what information in Your user profile is visible to others. Any content You upload to Your public user profile, along with any Personal Information or content that You voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your user name may also be displayed to other users if and when You send messages or comments or upload images or videos through the Website and other users can contact You through messages and comments.
D. Business Transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if We (or substantially all of Our assets) are acquired, or if We go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.
E. Protection of Litmus and Others: We reserve the right to access, read, preserve, and disclose any information that We reasonably believe is necessary to comply with law or court order; enforce or apply Our Terms of Service and other agreements; or protect the rights, property, or safety of Litmus, Our employees, Our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
F. When We collect usage information: (such as the numbers and frequency of visitors to the Website through cookies or otherwise) and/or data in connection with Our Email Analytics Services, We may use this information and/or data in aggregate form (as combined with information and/or data that We receive from Our other users), and not in a manner that would identify You or Your email recipients personally, for marketing or other business-related purposes. For example, the usage information tells Us how often users use parts of the Website, and therefore can be used to make the Website appealing to as many users as possible. We may also provide this information and/or data in aggregate form (as combined with information and/or data that We receive from Our other users), and not in a manner that would identify You or Your email recipients personally, for marketing or other business-related purposes.
G. With Your Consent: Except as set forth above, You will be notified when Your Personal Information may be shared with third parties in personally identifiable form, and will be able to prevent the sharing of this information.
IV. Is Personal Information About Me Secure?
Your account is protected by a password for Your privacy and security. You must prevent unauthorized access to Your account and Personal Information by selecting and protecting Your password and/or other sign-on mechanism appropriately and limiting access to Your computer or device and browser by signing off after You have finished accessing Your account.
We endeavor to protect the privacy of Your account and other Personal Information We hold in Our records, but We cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Please remember that You control the information that You input, upload or otherwise provide to Our Services and the data that is collected in connection with Your subscription to Our Email Analytics Services.
V. What Information Can I Access?
Through Your account settings, You may access, and, in some cases, edit or delete the following information You have provided to
The information You can view, update, and delete may change as the Website changes. If You have any questions about viewing or updating information We have on file about You, please contact Us at email@example.com . We will respond to all such requests within 30 days after receipt thereof. If You request that any of Your Personal Information be deleted from Our records, there may be a brief delay in Our processing that request, while We verify that the request is valid and originates from You as opposed to an unauthorized third party. If You request that any of Your Personal Information be deleted, We reserve the right to terminate and/or limit Your access to the Websites or other Services. While You may request that We delete certain Personal Information, We may continue to utilize and disclose such information in aggregate, non-personally identifiable form as provided above.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask Us for a notice identifying the categories of Personal Information which We share with Our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If You are a California resident and would like a copy of this notice, please submit a written request to firstname.lastname@example.org.
VI. What Choices Do I Have?
As explained above, You can always opt not to disclose information to Us, but keep in mind some information may be needed to register with Us or to take advantage of some of the features of Our Website or other Services.
You may be able to add, update, or delete information as explained in Section V above. When You update information, however, We may maintain a copy of the unrevised information in Our records. You may request deletion of Your account by writing to email@example.com . Please note that some information may remain in Our records after Your deletion of such information from Your account. We may use any aggregated data derived from or incorporating Your Personal Information after You update or delete it, but not in a manner that would identify You personally. In the event that Your account is deleted by You or Litmus or Your subscription to the Services terminates or expires, following such deletion, termination, or expiration, You will no longer be able to access any of Your account information, the information that You upload or receive through Your use of the Services or other Personal Information that We hold in Our records.