Who we are
Our website address is https://delmaraikido.com.
Our Classes are held at 3 Normanskill Boulevard, Delmar, NY 12054, USA.
Our contact number is: 1 + (518) 439-7939
What personal data we collect and why we collect it
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Contact forms
The forms used on this website will forward your information to our MailChimp email program or the goteamup.com program which we use for our billing. Please review the sections below for how their data is kept. Each of their forms are embedded in our website as forms and HTML windows.
Cookies
If you leave a comment on our site you may opt-in to save your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.
Analytics
Who we share your data with
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site or have left comments, you can request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Your contact information
Additional information
How we protect your data
What data breach procedures we have in place
What third parties we receive data from
(Refer to the section down below for Teamup and mailchimp)
What automated decision making and/or profiling we do with user data
Industry regulatory disclosure requirements
Privacy Policy for our Billing Service
(Copied from the www.goteamup.com website on 8-5-2018)
(All links to class schedules and student billing accounts are directed to a 3rd party vendor (Teamup) which is embedded within Delmaraikido.com. Here is the specific information regarding their privacy policy.)
This policy was last modified on July 1, 2018 to include our compliance with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework.
This policy was modified on May 24, 2018 with an updated format and minor changes. It was first published and made effective on September 12, 2011.
TeamUp is committed to a robust, transparent policy governing how data is collected, stored, and shared.
This document will outline what information we collect, why we collect it, and who we share it with. We also outline how you may request access to your data and how you can update or delete your data.
We have kept this simple by avoiding long, confusing legaleze in favor of a simple, straightforward overview of how we ensure and respect your privacy. If anything is not clear, or you’d like to talk through any part of this document, please contact us at support@goteamup.com.
Who’s involved?
- TeamUp Sports Inc, and all worldwide subsidiaries and affiliates, together known as “TeamUp,” “the Service,” “we,” “us,” or “our” provides the service and technology
- A User (“User”, “you”, “your”) is a person who uses TeamUp
- A Fitness Business (“Business”) utilizes TeamUp to help manage their business
- A Customer (“Customer”) is a User who is a customer at a particular Business
This Privacy Policy governs all data supplied to the Service by a User.
What types of information do we collect?
Personal Data
TeamUp facilitates the relationship between Customers and Businesses. In doing so, TeamUp acts as a data controller for a Customer’s data jointly with the Business. TeamUp will collect information such as name, email address, date of birth, payment details, or other information the Business would like to collect.
Personal data is only ever collected voluntarily by the User or provided directly by the Business.
Personal Data will only be used in ways that are in line with why it was originally provided. For example, we will not contact someone designated as your emergency contact for marketing purposes.
Usage Data
During normal operations, we collect information about how Users interact with the Service, such as IP address, browser, operating system, referral source, length of visit, and clickstream data. This data contains a identifier that allows us to determine the User who made the request. This data is used to troubleshoot, analyze, optimize, and improve the Service, and is retained indefinitely for compliance and troubleshooting purposes.
How do we collect personal information?
Personal information is either collected directly by the User, or it is provided by the Business on behalf of a User.
A Business may provide information on behalf of a User if they are switching to TeamUp from an alternate system, or if they are setting up a User’s account for them.
Cookies
Like most websites, we utilize Cookies, which are small text files that are saved by your browser when you access our Service. We use cookies to identify when you’ve logged into the Service, to prevent against abuse, and to generally provide the Service. You may choose to not accept some or all of TeamUp’s cookies through your browser’s preferences, but you may not be able to access some or all of the Service.
We may also utilize third party services that use cookies to help analyze usage of the Service, which may also collect personal information.
TeamUp does not respond to “Do Not Track” or similar signals from browsers.
How we use personal information
To facilitate the relationship between a User and a Business
Businesses use TeamUp to help manage their business. TeamUp allows Businesses to view and manage personal information from Users in order to facilitate the normal operations of a Business.
To provide, troubleshoot, and improve our services
It may sound obvious, but TeamUp uses a User’s personal information to operate by displaying this data to that User as well as to Businesses they are associated with. Additionally, TeamUp may use this information to help troubleshoot issues, such as looking up a User by name or email address. We will also use personal information to help improve the Service, such as by analyzing data to prioritize features relevant to our Users.
To provide announcements about the Service
Occasionally we will notify Users of updates to the Service, changes to policies, and to disclose any issues that may put their personal information at risk.
Children
TeamUp is not intended to be directly used by anyone under the age of 13. A parent or guardian may utilize the Service on behalf of a child so long as they are using the Service for its intended purpose. If we learn someone under the age of 13 has used the Service, we will take appropriate action to remove that User’s personal information and restrict any future access by that User.
International data transfer
The Service operates on and all data is stored on computers physically located within the United States. All data collected internationally will be transferred to, processed, and stored within the United States. TeamUp will maintain relevant certifications to ensure this transfer of data is compliant with local laws and regulations.
TeamUp complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield. TeamUp has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/
TeamUp is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC.)
In compliance with the Privacy Shield Principles, TeamUp commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact TeamUp at: privacy@goteamup.com
TeamUp has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
Disclosure to other parties
A User’s personal information, except for name and email address, is always provided within the context of a Business. The name of the Business will be plainly visible during registration and whenever personal information is being provided by a User. The relevant Business will be acting as a data controller and must abide by the policies outlined in this policy.
We may employ companies and individuals to manage or provide the Service on our behalf, (including, without limitation, payment processing, support, hosting, and administration). These parties will only be given access to data necessary to perform the required task, must fully comply with this policy, and cannot use any data acquired from TeamUp for any other purpose than what they were tasked to do. In cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield, TeamUp is potentially liable.
TeamUp will comply with any lawful request we receive from a government, law enforcement agency, national security agency, or private party as required by law or that we believe to be reasonably necessary and appropriate to prevent or stop any activity that we consider to be illegal, unethical, unauthorized, harmful, or malicious.
We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
We may sell, transfer, or share some or all personal information in connection with a business deal, such as a merger, financing, acquisition, or sale. All personal information will be handled in accordance with this privacy policy. You will be notified by email and/or prominently within with Service about any ownership changes that may impact how a User’s personal information is used.
Retention
We use industry standard backup procedures and will retain backups of our database for 30 days, which means that once a piece of data has been deleted from our system, it will take 30 days before it is cleared from our backups.
Some personal information may be retained for legal or legitimate business purposes. For example, a User’s payment and class attendance history at a Business is retained indefinitely. Data that does not serve a legitimate business purpose will be deleted upon request or when it is no longer needed.
Requesting, changing, deleting data
TeamUp acknowledges that EU and Swiss individuals have the right to access the personal information that we maintain about them. An EU or Swiss individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct their query to support@goteamup.com. If requested to remove data, we will respond within a reasonable timeframe.
Revoking consent
TeamUp only shares data with third parties as required to provide the Service. If you would like to revoke your consent for TeamUp to process your data, please contact support@goteamup.com with your request. We may require the User to verify their identity in order to fulfill the request.
We will also provide an EU or Swiss individuals with opt-out or opt-in choice before we share their data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.
To limit the use and disclosure of your personal information, please submit a written request to support@goteamup.com.
At any time, upon request, we will provide a list of Fitness Businesses that have access to a User’s personal data. If a User would like to revoke their consent for a Fitness Business to process their data, we will facilitate this request to the Fitness Business.
Updates to this policy
We reserve the right to change this Privacy Policy from time to time. We encourage you to periodically review this document for the latest information about how we handle personal information and ensure privacy. If we make material changes to this Privacy Policy, we will notify Users via email or another method that is reasonably likely to reach the User.
Continued use of the Service will constitute acknowledgement and acceptance of this Policy.
Our details
TeamUp Sports Inc is incorporated in the United States with our principal place of business being 530 Lytton St, 2nd Floor, Palo Alto, California, 94301. You may contact us via mail at that address, or email at privacy@goteamup.com.
Our Data Protection Officer can be contacted at the same physical and email address listed above.
The following is the Privacy Policy for Mailchimp which we use to collect information for our mailing list through our forms as well as what we export from the TeamUP software to use to send emails to our students and prospects.
Privacy Policy for Mailchimp E-mail Service
(copied from the mailchimp.com website – 8-5-2018)
Effective July 23, 2018
View the prior version of our privacy policy (last updated November 1, 2017) here.
MailChimp takes data privacy seriously. This privacy policy explains who we are, how we collect, share and use Personal Information, and how you can exercise your privacy rights.
We recommend that you read this privacy policy in full to ensure you are fully informed. However, to make it easier for you to review the parts of this privacy policy that apply to you, we have divided up the document into sections that are specifically applicable to Members (Section 2), Contacts (Section 3), and Visitors (Section 4). Sections 1 and 5 are applicable to everyone.
If you have any questions or concerns about our use of your Personal Information, then please contact us using the contact details provided at the end of Section 5.
1. The Basics
A. About Us
MailChimp is an online marketing platform (the “Services“) operated by The Rocket Science Group LLC, a company headquartered in the State of Georgia in the United States (“we,” “us,” “our,” and “MailChimp“).
The Services enable our Members to, among other things, send and manage email campaigns and serve advertisements. We also provide other related services, such as real-time data analytics. Find out more about our Services here.
B. Key Terms
In this privacy policy, these terms have the following meanings:
“Contact” is a person a Member may contact through our Services. In other words, a Contact is anyone on a Member’s Distribution List or about whom a Member has given us information. For example, if you are a Member, a subscriber to your email marketing campaigns would be considered a Contact.
“Distribution List” is a list of Contacts a Member may upload or manage on our platform and all associated information related to those Contacts (for example, email addresses).
“Member” means any person or entity that is registered with us to use the Services.
“Personal Information” means any information that identifies or can be used to identify a Member, a Contact, or a Visitor, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
“Website(s)” means any website(s) we own and operate (such as www.mailchimp.com) or any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online, mobile, or wireless offerings that post a link to this privacy policy.
“Visitor” means any person who visits any of our Websites.
“you” and “your” means, depending on the context, either a Member, a Contact, or a Visitor.
2. Privacy for Members
This section applies to the Personal Information we collect and process from a Member or potential Member through the provision of the Services. If you are not a Member, the Visitors or Contacts section of this policy may be more applicable to you and your data. In this section, “you” and “your” refer to Members and potential Members.
A. Information We Collect
The Personal Information that we may collect broadly falls into the following categories:
(i) Information you provide to us: In the course of engaging with our Services, you may provide Personal Information about you and your Contacts. Personal Information is often, but not exclusively, provided to us when you sign up for and use the Services, consult with our customer service team, send us an email, integrate the Services with another website or service (for example, when you choose to connect your e-commerce account with MailChimp), or communicate with us in any other way.
We will let you know prior to collection whether the provision of Personal Information we are collecting is compulsory or if it may be provided on a voluntary basis and the consequences, if any, of not providing the information. By giving us this information, you agree to this information being collected, used and disclosed as described in our Terms of Use and in this privacy policy.
Learn More
(ii) Information we collect automatically: When you use the Services, we may automatically collect certain information about your device and usage of the Services. We use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement here.
Learn More
(iii) Information we collect from other sources: From time to time, we may obtain information about you or your Contacts from third-party sources, such as public databases, social media platforms, third-party data providers and our joint marketing partners. We take steps to ensure that such third parties are legally or contractually permitted to disclose such information to us.
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(iv) Information from the use of our mobile apps: When you use our mobile apps, we may collect certain device and usage-related information in addition to information described elsewhere in this privacy policy.
Learn More
B. Use of Personal Information
We may use the Personal Information we collect through the Services or other sources for a range of reasons, including:
- To bill and collect money owed to us by you.
Learn More
- To send you system alert messages.
Learn More
- To communicate with you about your account and provide customer support.
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- To enforce compliance with our Terms of Use and applicable law, and to protect the rights and safety of our Members and third parties, as well as our own. This may include developing tools and algorithms that help us prevent violations.
Learn More
- To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
- To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
- To prosecute and defend a court, arbitration, or similar legal proceeding.
- To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
- To provide, support and improve the Services. For example, this may include sharing your or your Contacts’ information with third parties in order to provide and support our Services or to make certain features of the Services available to you.
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- To provide suggestions to you.
Learn More
- For our data analytics projects. Our data analytics projects use data from MailChimp accounts, including Personal Information of Contacts, to provide and improve the Services. We use information like your sending habits and your Contacts’ details and purchase history, so we can make more informed predictions, decisions, and products for our Members. If you or your Contact prefers not to share this data, you can alter the security settings on your account (as described here) to opt out of data analytics projects, or your Contact can opt out of data analytics projects at any time by emailing us at personaldatarequests@mailchimp.com.
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- Combined information. We may combine Personal Information with other information we collect or obtain about you (such as information we source from our third-party partners) to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this privacy policy. When we combine Personal Information with other information in this way, we treat it as, and apply all of the safeguards in this privacy policy applicable to, Personal Information.
- Other purposes. To carry out other legitimate business purposes, as well as other lawful purposes about which we will notify you.
C. Cookies and Tracking Technologies
We and our partners may use various technologies to collect and store information when you use our Services, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. For example, we use web beacons in the emails we send on your behalf. These web beacons track certain behavior such as whether the email sent through the Services was delivered and opened and whether links within the email were clicked. They also allow us to collect information such as the recipient’s IP address, browser, email client type and other similar details. We use this information to measure the performance of your email campaigns, and to provide analytics information and enhance the effectiveness of our Services. Reports are also available to us when we send email to you, so we may collect and review that information.
Our use of cookies and other tracking technologies is discussed in more detail in our Cookie Statement here.
D. Member Distribution Lists
A Distribution List can be created in a number of ways, including by importing Contacts, such as through a CSV or directly from your email client. Your Distribution Lists are stored on a secure MailChimp server. We do not, under any circumstances, sell your Distribution Lists. If someone on your Distribution List complains or contacts us, we might then contact that person. You may export (download) your Distribution Lists from MailChimp at any time.
If we detect abusive or illegal behavior related to your Distribution List, we may share your Distribution List or portions of it with affected ISPs or anti-spam organizations to the extent permitted or required by applicable law.
If a Contact chooses to use the Forward to a Friend (FTF) link in an email campaign a Member sends, it will allow the Contact to share the Member’s email content with individuals not on the Member’s Distribution List. When a Contact forwards an email to a friend, we do not store the Contact’s email address or their friend’s email address, and no one is added to any Distribution List as a result of the FTF link. The Member who created the email campaign only sees an aggregate number of times their email campaign was forwarded by a Contact and does not have access to the email addresses used to share or receive that forwarded content.
E. Other Data Protection Rights
You and your Contacts may have the following data protection rights:
- To access, correct, update or request deletion of Personal Information. MailChimp takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date. As a Member, you can manage many of your individual account and profile settings within the dashboard provided through the MailChimp platform, or you may contact us directly by emailing us at personaldatarequests@mailchimp.com. You can also manage information about your Contacts within the dashboard provided through the MailChimp platform to assist you with responding to requests to access, correct, update or delete information that you receive from your Contacts.
- In addition, individuals who are residents of the EEA can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting us using the contact details provided in the “Questions and Concerns” section below. If any of your Contacts wishes to exercise any of these rights, they should contact you directly, or contact us as described in the “Privacy for Contacts” section below.
- Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. If you receive these requests from Contacts, you can segment your lists within the MailChimp platform to ensure that you only market to Contacts who have not opted out of receiving such marketing.
- The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request. If we receive a request from one of your Contacts, we will either direct the Contact to reach out to you, or, if appropriate, we may respond directly to their request.
3. Privacy for Contacts
This section applies to the information we process about our Members’ Contacts as a data controller pursuant to our legitimate business interests, as explained in the “Legal Basis for Processing” section below. Our Services are intended for use by our Members. As a result, for much of the Personal Information we collect and process about Contacts through the Services, we act as a processor on behalf of our Members. MailChimp is not responsible for the privacy or security practices of our Members, which may differ from those set forth in this privacy policy. Please check with individual Members about the policies they have in place. For purposes of this section, “you” and “your” refer to Contacts.
A. Information We Collect
The Personal Information that we may collect or receive about you broadly falls into the following categories:
(i) Information we receive about Contacts from our Members: A Member may provide Personal Information about you to us through the Services. For example, when a Member uploads their Distribution List or integrates the Services with another website or service (for example, when a Member chooses to connect their e-commerce account with MailChimp), or when you sign up for a Member’s Distribution List on a MailChimp signup form, they may provide us with certain contact information or other Personal Information about you such as your name, email address, address or telephone number. You may have the opportunity to update some of this information by electing to update or manage your preferences via an email you receive from a Member.
(ii) Information we collect automatically: When you interact with an email campaign that you receive from a Member or browse or purchase from a Member’s connected store, we may collect information about your device and interaction with an email. We use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement here.
Learn More
(iii) Information we collect from other sources: From time to time, we may obtain information about you from third-party sources, such as social media platforms and third-party data providers. We take steps to ensure that such third parties are legally or contractually permitted to disclose such information to us, and we use this information to provide publicly available social media information about you to Members who have enabled the “Social Profiles” feature in their MailChimp accounts.
B. Use of Personal Information
We may use the Personal Information we collect or receive about you for our legitimate business interests, including:
- To enforce compliance with our Terms of Use and applicable law. This may include developing tools and algorithms that help us prevent violations.
- To protect the rights and safety of our Members and third parties, as well as our own.
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- To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
- To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.
- To prosecute and defend a court, arbitration, or similar legal proceeding.
- To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
- To provide, support and improve the Services. For example, this may include sharing your information with third parties in order to provide and support our Services or to make certain features of the Services available to our Members.
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- For our data analytics projects. Our data analytics projects use data from MailChimp accounts, including your Personal Information, to provide and improve the Services. We use information, like your purchase history, provided to us by Members, so we can make more informed predictions, decisions, and products for our Members. For example, we use data from MailChimp accounts to enable product recommendation, audience segmentation, and predicted demographics features for our Members. If you prefer not to share this data, you can opt out of data analytics projects at any time by emailing us at personaldatarequests@mailchimp.com.
- Other purposes. To carry out other legitimate business purposes, as well as other lawful purposes.
C. Cookies and Tracking Technologies
We and our partners may use various technologies to collect and store information when you interact with a Member’s email campaign or connected store, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. For example, we use web beacons in the emails we send on behalf of our Members. When you receive and engage with a Member’s campaign, web beacons track certain behavior such as whether the email sent through the MailChimp platform was delivered and opened and whether links within the email were clicked. They also allow us to collect information such as your IP address, browser, email client type, and other similar details. We use this information to measure the performance of our Members’ email campaigns, and to provide analytics information and enhance the effectiveness of our Services.
Our use of cookies and other tracking technologies is discussed in more detail in our Cookie Statement here.
D. Legal Basis for Processing
We process Personal Information about you as a data controller as described in this section, where such processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. Our legitimate interests typically include: improving, maintaining, providing, and enhancing our technology, products and services; and ensuring the security of the Services and our Website.
E. Other Data Protection Rights
You may have the following data protection rights:
- To access, correct, update or request deletion of your Personal Information. MailChimp takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date. You may contact us directly at any time about accessing, correcting, updating or deleting your Personal Information, or altering your data, by emailing us at personaldatarequests@mailchimp.com. We will consider your request in accordance with applicable laws.
- In addition, if you are a resident of the EEA, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by emailing us at personaldatarequests@mailchimp.com.
- You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.
As described above, for much of the Personal Information we collect and process about Contacts through the Services, we act as a processor on behalf of our Members. In such cases, if you are a Contact and want to exercise any data protection rights that may be available to you under applicable law or have questions or concerns about how your Personal Information is handled by MailChimp as a processor on behalf of our individual Members, you should contact the relevant Member that is using the MailChimp Services, and refer to their separate privacy policies.
If you no longer want to be contacted by one of our Members through our Services, please unsubscribe directly from that Member’s newsletter or contact the Member directly to update or delete your data. If you contact us directly, we may remove or update your information within a reasonable time and after providing notice to the Member of your request.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.
4. Privacy for Visitors
This section applies to Personal Information that we collect and process through our Websites and in the usual course of our business, such as in connection with our recruitment, events, sales and marketing activities. In this section “you” and “your” refers to Visitors.
A. Information We Collect
(i) Information you provide to us on the Websites or otherwise: Certain parts of our Websites may ask you to provide Personal Information voluntarily. For example, we may ask you to provide certain Personal Information (such as your name, contact details, company name, profile information) in order to sign up for a free or paid MailChimp account, apply for a role with MailChimp, or otherwise submit inquiries to us. We may also collect Personal Information, such as your contact and job details and feedback, when you attend our events, take part in surveys, or through other business or marketing interactions we may have with you. You may choose to provide additional information when you communicate with us or otherwise interact with us, and we will keep copies of any such communications for our records.
The Personal Information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your Personal Information. We will also let you know prior to collection whether the provision of the Personal Information we are collecting is compulsory or may be provided on a voluntary basis and the consequences, if any, of not providing the information.
(ii) Information we collect automatically through the Websites: When you visit our Websites, we may also collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered Personal Information under applicable data protection laws.
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B. Use of Personal Information
We may use the information we collect through our Websites for a range of reasons, including:
- To provide, operate, optimize, and maintain our Websites.
- To send you information for marketing purposes, in accordance with your marketing preferences.
- For recruitment purposes if you have applied for a role with MailChimp.
- To respond to your online inquiries and requests, and to provide you with information and access to resources or services that you have requested from us.
- To manage our Websites and system administration and security.
- To improve the navigation and content of our Websites.
- To identify any server problems or other IT or network issues.
- To process transactions and to set up online accounts.
- To compile aggregated statistics about site usage and to better understand the preferences of our Visitors.
- To carry out research and development to improve our products and services.
- To customize content and layout of the Websites.
- To carry out other legitimate business purposes, as well as other lawful purposes.
In addition, we may combine Personal Information with other information we collect or obtain about you (such as information we source from our third-party partners) to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this privacy policy. When we combine Personal Information with other information in this way, we treat it as, and apply all of the safeguards in this privacy policy applicable to, Personal Information.
C. Public Information and Third-Party Websites
- Blog. We have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us here. If we are unable to remove your information, we will tell you why.
- Social media platforms and widgets. Our Websites include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our Website, and they may set a cookie to make sure the feature functions properly.
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- Links to third-party websites. Our Websites include links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.
- Contests and sweepstakes. We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on our Websites or through social media (collectively, “Promotions“).
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D. Cookies and Tracking Technologies
We use cookies and similar tracking technologies to collect and use Personal Information about you, including to serve interest-based advertising. For further information about the types of cookies and tracking technologies we use, why, and how you can control them, please see our Cookie Statement here.
E. Other Data Protection Rights
You have the following data protection rights:
- To access, correct, update, or request deletion of your Personal Information. MailChimp takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date. You may contact us directly at any time about accessing, correcting, updating, or deleting your Personal Information, or altering your data or marketing preferences by emailing us at personaldatarequests@mailchimp.com. We will consider your request in accordance with applicable laws.
- In addition, if you are a resident of the EEA, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by emailing us at personaldatarequests@mailchimp.com.
- Similarly, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.
5. General Information
A. How We Share Information
We may share and disclose your Personal Information to the following types of third parties for the purposes described in this privacy policy (for purposes of this section, “you” and “your” refer to Members, Contacts, and Visitors unless otherwise indicated):
(i) Our service providers: Sometimes, we share your information with our third-party service providers, who help us provide and support our Services and other business-related functions.
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(ii) Advertising partners: We may partner with third-party advertising networks and exchanges to display advertising on our Websites or to manage and serve our advertising on other sites and may share Personal Information of Members and Visitors with them for this purpose. We do not sell or market to any of our Members’ Contacts.
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(iii) Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.
(iv) A potential buyer (and its agents and advisors) in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition.
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(v) Any other person with your consent.
B. Legal Basis for Processing Personal Information (EEA Persons Only)
If you are from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.
However, we will normally collect and use Personal Information from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Typically, our legitimate interests include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Services and our Websites; and for our marketing activities.
If you are a Member, we may need the Personal Information to perform a contractwith you. In some limited cases, we may also have a legal obligation to collect Personal Information from you.
If we ask you to provide Personal Information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.
Where required by law, we will collect Personal Information only where we have your consent to do so.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided in the “Questions and Concerns” section below.
C. Your Choices and Opt-Outs
Members and Visitors who have opted in to our marketing emails can opt out of receiving marketing emails from us at any time by clicking the “unsubscribe” link at the bottom of our marketing messages.
Also, all opt-out requests can be made by emailing us using the contact details provided in the “Questions and Concerns” section below. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Members cannot opt out of these messages unless you cancel your MailChimp account.
D. Our Security
We take appropriate and reasonable technical and organizational measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. For further information about our security practices, please see our Security page here. If you have any questions about the security of your Personal Information, you may contact us at privacy@mailchimp.com.
MailChimp accounts require a username and password to log in. Members must keep their username and password secure, and never disclose it to a third party. Because the information in a Member’s MailChimp account is so sensitive, account passwords are hashed, which means we cannot see a Member’s password. We cannot resend forgotten passwords either. We will only provide Members with instructions on how to reset them.
E. International Transfers
(i) We operate in the United States
Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy, including offering our Members a Data Processing Agreement.
(ii) Data transfers from Switzerland or the EU to the United States
MailChimp participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all Personal Information received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to each Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield website, here.
A list of Privacy Shield participants is maintained by the Department of Commerce and is available here.
MailChimp is responsible for the processing of Personal Information we receive under each Privacy Shield Framework and subsequently transfer to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for all onward transfers of Personal Information from the EU and Switzerland, including the onward transfer liability provisions.
With respect to Personal Information received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider TRUSTe (free of charge to you) here. Under certain conditions, more fully described on the Privacy Shield website, here, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
Members located in Switzerland and the EU should also request our data processing agreement here, where you will be directed to log in to your account to sign the agreement online, in addition to relying on MailChimp’s Privacy Shield certification.
(iii) Members located in Australia
If you are a Member who lives in Australia, this section applies to you. We are subject to the operation of the Privacy Act 1988 (“Australian Privacy Act“). Here are the specific points you should be aware of:
- Where we say we assume an obligation about Personal Information, we are also requiring our subcontractors to undertake a similar obligation, where relevant.
- We will not use or disclose Personal Information for the purpose of our direct marketing to you unless you have consented to receive direct marketing; you would reasonably expect us to use your personal details for the marketing; or we believe you may be interested in the material but it is impractical for us to obtain your consent. You may opt out of any marketing materials we send to you through an unsubscribe mechanism or by contacting us directly. If you have requested not to receive further direct marketing messages, we may continue to provide you with messages that are not regarded as “direct marketing” under the Australian Privacy Act, including changes to our terms, system alerts, and other information related to your account.
- Our servers are located in the United States. In addition, we or our subcontractors may use cloud technology to store or process Personal Information, which may result in storage of data outside Australia. It is not practicable for us to specify in advance which country will have jurisdiction over this type of offshore activity. All of our subcontractors, however, are required to comply with the Australian Privacy Act in relation to the transfer or storage of Personal Information overseas.
- If you think the information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, we will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information upon your request.
- If you are unsatisfied with our response to a privacy matter then you may consult either an independent advisor or contact the Office of the Australian Information Commissioner for additional help. We will provide our full cooperation if you pursue this course of action.
F. Retention of Data
We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we’ll refer to these criteria in order to determine retention period:
- Whether we have a legal or contractual need to retain the data.
- Whether the data is necessary to provide our Services.
- Whether our Members have the ability to access and delete the data within their MailChimp accounts.
- Whether our Members would reasonably expect that we would retain the data until they remove it or until their MailChimp accounts are closed or terminated.
When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
G. California Privacy
Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third-parties’ direct marketing purposes, and (b) the names and addresses of all such third parties. To request the above information, please contact us through our contact form or email us at privacy@mailchimp.com.
H. Changes to this Policy
We may change this privacy policy at any time and from time to time. The most recent version of the privacy policy is reflected by the version date located at the top of this privacy policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this privacy policy or other notice on the Websites. We encourage you to review this privacy policy often to stay informed of changes that may affect you. Our electronically or otherwise properly stored copies of this privacy policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this privacy policy that was in effect on each respective date you visited the Website.
I. Questions & Concerns
If you have any questions or comments, or if you have a concern about the way in which we have handled any privacy matter, please use our contact form to send us a message. You may also contact us by postal mail or email at:
For EEA Residents:
For the purposes of EU data protection legislation, The Rocket Science Group LLC d/b/a MailChimp is the controller of your Personal Information. Our Data Protection Officer can be contacted at dpo@mailchimp.com.
For Non-EEA Residents:
The Rocket Science Group LLC d/b/a MailChimp
Attn. Privacy Officer
privacy@mailchimp.com
675 Ponce de Leon Ave NE, Suite 5000
Atlanta, GA 30308 USA