When we refer to “Mailshake,” “we,” “us” or “our,” we mean Mailshake, LLC or the specific division, subsidiary or affiliate that operates this Site, provides its content or processes information received through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person accessing this Site. If the person accessing this Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
Use of our Site and Mailshake’s services is strictly limited to persons who are of legal age in the jurisdictions in which they reside. You must be at least eighteen (18) years of age to use our Site and Mailshake’s services. The Site and any product or service offered by Mailshake is not directed to persons under of 13 years old. Mailshake does not knowingly collect or store any Personal Information or non-personal information from anyone under the age of 13. If Mailshake discovers that personal information of persons under 13 years of age has been collected, then Mailshake will take the appropriate steps to delete this information.
I. The Types of Information We Collect
The web servers that serve the Site may gather certain navigational information about where visitors go on our Site and information about the technical efficiencies of our Site and services. In the process of gathering navigational information, anonymous information may be collected which will provide information regarding a visitor’s use of our Site. Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual. Examples of anonymous information may include information about your Internet browser, domain type, usage statistics, and service provider, collected through tracking technologies (see “How We May Collect Your Information,” below, for additional information regarding our use of tracking technologies) and aggregated or de-identified data.
We or an authorized third party may also collect anonymized location information or your IP address for analytics purposes. This information may be collected from your mobile device’s location-aware features when you request certain services that are dependent on your physical location.
II. How We May Collect Your Information
Information You Provide to Us
We collect Personal Information from you or about you when you provide this information to us directly. For example, we may obtain Personal Information when you request information, products or services from or otherwise interact with us or this Site.
We may also gather such Personal Information through your access to your accounts online, as well as your asking questions through our “Contact Us” link, such as your name, address, e-mail address and other contact information. We may also collect data resulting from your activity, such as transaction information.
We may use a browser feature known as a "cookie." A cookie is a piece of data stored on the computer that runs an Internet browser and is commonly used to store information about a user’s online activities, including information such as the content or advertisements that a user views or the pages a user visits within a particular website. It can contain information about you, your computer, your browser, your session, the websites you visit and other information about you or others who use, or have used, the computer or browser you use to access the Internet. Cookies are used for record-keeping purposes: the stored information can be retrieved by our website server when you return to the website. This allows us to personalize or regulate the use of this Site, and it also permits us to automate the access and data entry functions of this Site (e.g., login information), and to tailor the appearance or presentation of this Site to your preferences or interests. The cookies we use, if any, are not linked to any Personal Information while using this Site unless you have given us permission to link Personal Information to one or more cookies. Please note that you give us that permission any time you register on this Site, use or conduct a transaction through this Site, or identify yourself or the computer you are using through this Site.
Most or all browsers permit you to disable or reject cookies. You can do this by adjusting your preferences in the browser. Mailshake does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to “Do Not Track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer's online activities over time and across third-party Web sites or online services. Accordingly, your selection of the “Do Not Track” option provided by your browser may not have any effect on our analytics or tracking tools. Use the “Help” feature of your browser to obtain more information about refusing cookies. If you set the browser you use to reject cookies, you may not be able to access the Sites or use the full functionality of the Site, or it may take additional time to utilize such functionality. If you opt to reject cookies, you may need to re-register with us every time you visit our Site. Your continued use of our Site reflects your consent to allow additional cookies to be placed on your computer to help you navigate the Site.
Pixel Tags, Web Beacons and Similar Technologies
As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can identify the type of computer and browsing software you use and the address of the website from which you linked to the Site. We may use clickstream data as a form of non-Personal Information to anonymously determine how much time visitors spend on each page of the Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors.
We or our hosting provider may collect traffic information from visitors for statistical analysis and Site improvement. When you access the Sites, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. We and/or our hosting provider may review this information to better understand overall trends and to determine what kinds of content are popular with and useful to users.
Information Other Websites Collect from You
III. How We Use Your Personal Information
We may use your Personal Information to help us improve our product and service offerings, improve the Site’s functionality process queries on the Site, to contact you when necessary in connection with products or services you accessed or inquired about via the Site, to provide you with account login credentials, and to send you information, offers and other promotional materials from us and selected third parties. We may also use your information for analytics purposes in order to assist us in understanding how you use the Site or Service and to improve our Site or Service.
We may use your e-mail address to provide customer service information or answer your questions and requests. We may also occasionally send you our e-mail updates, notifications or other information about our products and services or about the products and services of our affiliated companies. We may share your e-mail address with our affiliated companies to enable them to send you e mails directly regarding their products and services, sales and other promotions. We include information in each commercial e mail that allows you to opt out of receiving future communications.
By engaging in any kind of activity on the Site that uses financial information, you consent to our using your financial information, including credit card information, or providing your financial information to our service providers and to such third parties as we determine is necessary, to process your transactions. These third parties may include banking institutions used to process these transactions. Any of these various third parties are authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control.
We may use demographic information to tailor the Sites and communications to the interests of our users. We may share anonymous, aggregated (grouped) demographic information with our advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. If you consent to have us share, or we are otherwise allowed to share, your Personal Information, as described herein, then the demographic information that we provide to third parties may be linked to your Personal Information so that such third parties will be able to know about your demographic information on a non-anonymous basis.
Third-Party Email Account Syncing
Mailshake allows you to connect our Service to your various third-party email accounts (including, Gmail) for the purpose of sending email and for us to check your inbox for replies and bounces. We require a small set of permissions on your third-party email account to be able to do this and will only use it for the purpose of providing you with our Service or for diagnosing issues related to your third-party email account. Mailshake will not use your email account information for anypurpose other than providing the Service to you. Mailshake is not responsible for any issues related to your third-party email account.
IV. Disclosure of Information
We may also provide your Personal Information and other information that you have provided to us through the Site to other companies (“Agents”) that provide services to help us with our business activities such as to host or maintain our Site; for data processing services; to provide website or data security; to provide operational, analytical or reporting services; or to provide technical support. In connection with providing those services to Mailshake, an Agent may have access to your Personal Information. Such Personal Information will be treated as private and confidential by such Agents and will not be used for any purpose other than as Mailshake authorizes, and it will not be disclosed by the Agents to any third party.
Mailshake may disclose your Personal Information when required by subpoena, court order or other legal process, or if it has a good-faith belief that disclosure is necessary to (a) comply with any applicable federal, state or local law or regulation, (b) assist government enforcement agencies, (c) investigate, prevent or take action in connection with suspected or actual illegal activities, (d) investigate suspected or actual violations of Mailshake’s rights, (e) protect the rights, property or safety of Mailshake and its customers or employees, or others, (f) investigate and defend against any third-party claims brought against Mailshake or (g) protect the security and integrity of our Site.
Please note that no attorney/client relationship exists between us, and therefore no communication between us, or information you provide to us or input via use of a Site, will be subject to any confidentiality obligation or privilege against disclosure.
Mailshake reserves the full and unrestricted right to use and disclose anonymized information; aggregated information or publicly available information that has not been combined with nonpublic Personal Information for purposes including, but not limited to, Mailshake’s internal use and research.
V. Authorized Third Parties
VI. Information Ownership
We are the sole owner of the user information collected through the Sites. We may collect information from users at several different points on the Sites.
VII. Account and Password Security
In order to create an account with us to use certain portions of the Site or Service, you will need to provide us with your email address and create a password ("Credentials"). It is your responsibility to safeguard and protect your Credentials and to monitor use of these Credentials for all purposes. You accept all responsibility for maintaining the security of your Credentials and for all utilization of the Site with your Credentials, with or without your knowledge or consent. You agree to (a) immediately notify Mailshake of any unauthorized use of your Credentials or any other breach of security; (b) ensure that you log out and exit completely from your account at the end of each session; and (c) notify Mailshake immediately if you have lost your Credentials or wish to terminate your access or have your Credentials changed.
YOUR USE OF THIS SITE MAY BE FURTHER GOVERNED BY ANY OTHER AGREEMENT ENTERED INTO BETWEEN MAILSHAKE AND THE CUSTOMER (“CUSTOMER”) NAMED THEREIN (“CUSTOMER AGREEMENT”) GOVERNING CUSTOMER’S ACCOUNTS WITH MAILSHAKE. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A DEFENSE TO, OR A WAIVER BY MAILSHAKE OF, ANY RIGHTS MAILSHAKE HAS UNDER THE CUSTOMER AGREEMENT, ANY OTHER AGREEMENT OR APPLICABLE LAW, RULE, REGULATION OR REQUIREMENT.
IX. Our Security Precautions; Geographic Location of Information
Mailshake will take reasonable precautions to protect Personal Information provided to us through the Site from loss, misuse, unauthorized access, disclosure, alteration and destruction. Mailshake has put in place reasonable and appropriate physical, electronic and managerial procedures designed to safeguard and secure such Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction. Our security and privacy policies are periodically reviewed and enhanced as necessary. While Mailshake strives to undertake such reasonable and necessary efforts to secure Personal Information provided to us through the Site, even such security measures do not guarantee the security of all Personal Information, and Mailshake cannot guarantee that the Personal Information it collects, uses and retains will be protected in all circumstances, including those beyond Mailshake’s reasonable control.
Particularly sensitive information is encrypted. You can usually tell whether encryption is being used by noting the “locked” or other status indicator on the browser you are using. If the browser you are using does not indicate that the session is secure (e.g., by displaying a lock, a key or a similar icon), you should assume that the connection is not secure and that third parties will receive the information shared by you and us during that part of the session. Your information may be transferred to and maintained on computer networks that may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.
X. Notice Regarding Unauthorized Access or Disclosure of Personal Information
For the purposes of any applicable law regarding notification of persons whose Personal Information was, or is reasonably believed to have been, acquired by an unauthorized person, any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax or mail (including a notice printed in an available area of a bill or statement) or by posting a notice on the Site. The specific means used is up to us, and we will use our best judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as an e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. YOU AGREE TO THIS MEANS OF NOTIFICATION.
XI. Site and Service Updates
We may send to you updates and service announcements about our Sites, but you may not un-subscribe or opt not to receive such announcements because such announcements contain important information about the products and services offered through the relevant Site(s).
XII. Correcting or Updating Personal Information
If your Personal Information changes or if you have reason to believe that your Personal Information as we maintain it is incorrect and you are unable to change your Personal Information by logging into your account, you may contact us at email@example.com, and we shall attempt to accommodate all reasonable requests for such changes. Note that some information may be changed only by contacting the administrator of the Site.
You may additionally opt out of receiving email communications by using the opt-out instructions included in an email you may receive from us.
Please note that changing or deleting your information through the Sites, or otherwise opting out of receipt of e mail communications from us and third parties, will only change or delete the data in our database for purposes of transacting future business on or relating to the Sites and for managing future communications from us and third parties. These changes and deletions will not change or delete information collected or submitted pursuant to any Customer Agreement, or information already collected as part of a product or service purchase in our transactions database which may be shared with our third-party service providers regardless of your email preferences.
XIV. Visiting Mailshake.com from outside the United States
XVI. California Privacy Rights for California Residents
California residents may request certain information regarding the disclosure of your personal information by Mailshake to third parties for direct marketing purposes. As noted above, Mailshake does not disclose your personal information to third parties for direct marketing purposes unless you have first agreed to such disclosure. However, if you would like to make such a request, then please contact Mailshake at firstname.lastname@example.org.
XVII. Contact Us