Last updated: March 31, 2023
1. The Basics
a. About Us
Delivra is a company headquartered in Indianapolis, Indiana. We provide Services that allow our Customers and their Users to build and send out marketing emails to their Contacts. Through the Services, our Customers can also store information about and track the engagement of their Contacts. You can find out more about us and our products here.
b. Key Terms
- “Applicable Data Law” shall mean all data protection and privacy laws, regulations and self-regulatory codes applicable to the personal data in question, including, where applicable and without limitation, the CCPA, the CPA, the CTDPA, the UCPA, the VCDPA, European Data Law, the LGPD, and all FTC guidelines and any other applicable laws, rules and regulations with respect to data privacy. “CCPA” as used herein means the California Consumer Privacy Act, as amended, including without limitation any and all applicable implementing regulations (CCPA). “CPA” as used herein means the Colorado Privacy Act, as amended, including without limitation any and all applicable implementing regulations (CPA). “CTPDA” as used herein means the Connecticut Data Protection Act, as amended, including without limitation any and all applicable implementing regulations (CTDPA). “UCPA” as used herein means the Utah Consumer Privacy Act, as amended, including without limitation any and all applicable implementing regulations. “VCDPA” as used herein means the Virginia Consumer Data Protection Act, as amended, including without limitation any and all applicable implementing regulations. “European Data Law” as used herein shall mean, without limitation, (i) the EU General Data Protection Regulation (“EU GDPR”); (ii) the EU e-Privacy Directive; (iii) the United Kingdom’s European Union (Withdrawal) Act (“UK GDPR”); (iv) the Swiss Federal Act on Data Protection (“Swiss DPA”); and (v) any and all applicable national laws made under or pursuant to (i), (ii), (iii) and (iv); in each case as may be amended or superseded from time to time. “LGPD” as used herein means the Lei Geral de Proteção de Dados, as amended, including without limitation any and all applicable implementing regulations.
- “Customer” means the entity we have contracted with to provide the Services, which if you are a User, generally refers to the entity of which you are an employee, contractor, member, or other participant using the Services for the benefit of the Customer.
- “Contacts” means any individual: 1) whose information is stored, transmitted, collected, or otherwise processed by Users on or via the Services; and/or 2) to whom Users send emails and/or SMS messages to or otherwise engage or communicate with such individual via the Services.
- “Services” means the Delivra email marketing software, products, applications, tools, and/or related services.
- “User” means any individual, other than Delivra’s employees or agents, accessing and/or using the Services.
c. Lawful Basis for Processing Data
In certain jurisdictions, the processing of your Personal Information is lawful only if it is permitted under data protection legislation and in accordance with Applicable Data Law. In this case, we have a lawful basis for each of our processing activities (unless an exemption applies) as outlined below:
- Legitimate Interest. We will process your Personal Information based on legitimate interest, and particularly where it is used for marketing and business purposes, and to contact you to start a conversation regarding your use of the Site or the Services.
- Contract. We may process your Personal Information where such processing is required in order to fulfill an agreement or contract with you.
- Legal Obligation. We may also process your Personal Information based on other lawful basis such as where the processing is necessary to comply with applicable law.
2. How We Collect and Use Personal Information
a. Information We Collect and Process
- Information You Provide To Us. You may provide Personal Information to us through the Site and the Services – for example, when you sign up for a Delivra account to access the Services, consult with our customer success or support teams, send us an email or communicate with us in any other way. We will usually let you know prior to collection whether the provision of 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. The information you provide to us, may include:
- Registration Information. You need a Delivra account to use the Services as a User. When you register for an account, we ask you to provide contact information such as your name, telephone number, job title, and company/organization name.
- Billing Information. Billing Information. If you purchase our Services, you may also need to provide us with payment and billing information such as your credit card details and billing address. We will also maintain a record of your purchases, transactional information, your Services history and usage, and any communications and responses between you and Delivra.
- User Surveys. We may offer you opportunities to participate in User surveys. These surveys will gather information and your opinion on the effectiveness and/or current state of our Services, as well as your opinion on future functionality and the direction of our product and service offering.
- Device Information. We collect information from your device and applications you use to access the Site and our Services, such as your IP address, device attributes (for example: hardware model, operating system, web browser version, as well as unique device identifiers and characteristics), connection information (for example, name of your mobile operator or Internet Service Provider, browser type, language and time zone, and mobile phone number); and device locations (for example, internet protocol (IP) addresses and Wi-Fi information).
- Log data. Our web servers keep log files that record data each time a device accesses those servers and those log files contain data about the nature of each access, including originating IP addresses. We may also access metadata and other information associated with files that you upload into our Services, such as images.
- Information relating to your use of the Site and Services. We collect usage data about how you interact with and how you use the Site and the Services, which may include the dates and times you access the Site, the Services, page views, which activities and features of our Services are being used, crash logs, storage configuration settings, and technical data relating to the device(s) you are using to access and use the Site and Services, and the performance of the Site and Services during your use thereof.
- Information We Obtain From Third Party Sources. We may receive information about you from other sources, including publicly available databases or third parties with whom we have a contractual relationship with, and combine this data with information we already have about you. This helps us to update, expand and analyze our records and provide other products and/or services that may be of interest to you. This Personal Information may include (for example), your name, employer, job title, email address, phone numbers, and other company, contact, and/or employment information.
b. Why We Use Personal Information
We process Personal Information in accordance with Applicable Law and for lawful purposes, which include:
- To Provide the Services. We process your Personal Information to provide the Services as follows: i) to identify who you are, including both for identification and authentication purposes; ii) to enable you to login and access your account; iii) to respond to your inquiries; iv) to provide you with customer support; v) to send you information as part of the Services; and vi) to provide you with information about your account, including renewals and changes in Services or your account status.
- To Market To You. To contact you with marketing and promotional information (in accordance with your marketing preferences) about products and services that we, our Customers, or our affiliated companies offer; to provide advertising to you on third- party sites (based on your browsing activities on the Site), and to send you information regarding us, our Customers, our affiliated companies, and/or our partners (see the section headed “Your Rights With Respect to Your Personal Information” for information about how you can opt-out of receiving marketing communications from us at any time). Marketing data shared with or received from third parties may be combined with information we already have about you and may be used to create more tailored advertising, products, and/or services.
- To Customize Services for You. To help us deliver a better and more personalized experience (for example, it enables us to tailor our Services according to your interests); and to build a profile about you so as to help direct you to other relevant features and Services we offer and help you in using our Services, by making recommendations for you to optimize your use of the Services.
- To Improve Our Services. To create new Services, features, content or make recommendations; improve our Services available to you and all Users; and to fix bugs and troubleshoot product and Services functionality.
- For Business Analytics. To identify your geographic location based on your IP address; to track behavior at the aggregate/anonymous level to identify and understand trends in the various interactions with the Site and the Services; and to conduct internal business analysis based on meta-data about usage, feature adoption and forecasting.
- To Prevent Abuse/Illegal Activities. To screen for and prevent undesirable, illegal, fraudulent, or abusive activity. For example, we have automated systems that screen content for phishing activities, spam, and fraud.
- For Legal Records. To identify who you are, including both identification and authentication purposes; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us (including for billing and collection); and to respond to legal requests or prevent fraud. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
c. How We Share Personal Information
We will never sell, trade, or rent any Personal Information to any third-party without your explicit prior consent.
In certain special cases, we may disclose Personal Information when we have reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against someone who may be causing injury to you, or is otherwise injuring or interfering with our rights, property or operations, other users of the Services, or anyone who could be harmed by such activities. We may also disclose Personal Information when we believe the law requires it, or in response to any demand by law enforcement authorities in connection with criminal investigation, or civil or administrative authorities in connection with a pending civil case or administrative investigation.
If we determine, in our sole discretion, that you have engaged in conduct that might be considered unlawful, fraudulent, or might harm or damage the reputation or standing of Delivra with either the general public or with a business partner or potential business partner of Delivra, we reserve the right to release your Personal Information to such persons or third parties, as we consider necessary, to prevent you from causing injury to, or otherwise injuring or interfering, now or in the future, with our rights, property or operations or otherwise the rights, property or operations of anyone which could be harmed by such conduct.
We may also share Personal Information with our affiliated companies for customer support, marketing, technical operations, and account management purposes.
d. Third-party Relationships
- Third-party Links. The Site and the Services may contain links to other third-party owned and/or operated websites and, where you request information from third-party providers, we may transfer you directly to the websites of such third-party providers. Delivra is not responsible for the privacy practices or the content of such third-party websites. In some cases, you may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Delivra has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such third-party website. These third-party entities are independent third parties and are not affiliated with Delivra.
- Third-party Offers. Delivra may provide you with the opportunity to receive special offers, products and/or services from third parties. Where you indicate the desire to receive certain offers, products or services from a third-party during the applicable information collection process, your Personal Information that was provided during that information collection process will be shared with the applicable third-party so that such third-party may provide their products and/or services to you so that you do not have to complete another information collection form to purchase or receive that product or service. Clicking on any third-party offers may add and place cookies on your computer or mobile device prior to directing you to the applicable advertiser’s site. These third-parties have separate cookie policies and Delivra has no responsibility or liability relating to them. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You are not required to accept cookies, however, if your browser rejects our cookies you may not be able to use all of the Site functionality.
- Third-party Cookies. Clicking on any third-party offers may add and place cookies on your computer prior to directing you to the applicable advertiser’s site. These third parties have separate cookie policies and Delivra has no responsibility or liability relating to them. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You are not required to accept cookies, however, if your browser rejects our cookies you may not be able to use all of the Site functionality and/or all of the functionality of the Services.
- Third-party Technology/Software/Service/Solutions Providers. The Site or the Services may contain certain software technologies and services licensed from third-party providers. Delivra may engage with certain third-party services and solutions providers such as data hosting service providers, payment processing service providers, and other service providers. These third-party providers have separate privacy and data collection practices and policies, and Delivra has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of the terms and conditions of any third-party privacy policies. These third-party entities are independent third parties and are not affiliated with Delivra. Delivra may be using or sharing your Personal Information for Legitimate Interest purposes with third-party service providers. For more information about these third-party service providers, please visit this link.
e. Cookies and Tracking Technologies
- Customers and their Users are responsible for ensuring that their emails and data collection practices comply fully with applicable children’s data privacy protection legislation under Applicable Law, such as the United States’ Children’s Online Privacy Protection Act (“COPPA”), including where applicable by obtaining parental consent prior to the collection of Personal Information. Customers are required to disclose whether or not their use of Personal Information is subject to any Applicable Law, in part or full, which specifically protects the rights of children.
3. Recipients of the Services (Generally Email & SMS Recipients)
a. The Services are intended for use by Delivra Customers to send email communications and/or SMS messages to their Contacts.
b. Information We Process
- Information We Receive About Contacts from Users. A User may provide Personal Information about you to us through the Services in connection with their use of the Services– for example, when a User imports and/or collects email addresses and other Personal Information about their Contacts.
- Device Information. We collect information from your device and applications you use to view emails sent via our Services, such as your IP address, device attributes (for example: hardware model, operating system, web browser version, as well as unique device identifiers and characteristics), connection information (for example, name of your mobile operator or Internet Service Provider, browser type, language and time zone, and mobile phone number); and device locations (for example, internet protocol (IP) addresses and Wi-Fi information).
- Engagement Data. Emails sent by or on behalf of our Users through the Services include page tags (also known as web beacons) that allow the sender to collect information about who opened those emails. Additionally, your engagement with any links in emails and/or SMS messages sent using the Services (for example, when you click a link) is reported to the User.
4. Your Rights With Respect to Your Personal Information
In accordance with Applicable Data Law, you have the following rights in respect of your Personal Information that we collect, use, and hold:
- Right of access and portability. The right to obtain access to and to receive your Personal Information.
- Right to rectification. The right to obtain rectification of your Personal Information without undue delay where such Personal Information is inaccurate or incomplete.
- Right to erasure. The right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the Personal Information is no longer necessary in relation to the purposes for which it was collected or processed.
- Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the Personal Information is contested by you, for a period enabling us to verify the accuracy of that Personal Information.
- Right to object. The right to object, on grounds relating to your particular situation, to the processing of your Personal Information, and to object to processing of your Personal Information for direct marketing purposes, targeting advertising, and profiling activities.
In accordance with Applicable Data Law, you have certain rights with respect to the processing of your Personal Information. Under Applicable Data Law, you have a right to request that we provide you with the following:
- Categories of information. The categories and specific pieces of Personal Information we have collected about you.
- Categories of sources. The categories of sources from which we collect Personal Information.
- Purpose. The purposes for collecting, using, or selling Personal Information.
- Categories of third parties. The categories of third parties with which we share Personal Information.
- Business purpose. For Customers and companies that disclose Personal Information for business purposes, the categories of Personal Information disclosed about you for such business purposes.
- Selling of information. For Customers and companies that “sell” personal information, the categories of Personal Information that are being sold and the categories of third parties to which the Personal Information is being sold. Note that Delivra does not “sell” personal information as defined under Applicable Data Law.
5. General Information
a. Controlling and Accessing Your Personal Information
- Customers and Users who wish to access, correct, or delete their Personal Information must contact Delivra directly. We may ask you to provide additional information to verify your identity in order to complete any request made by you to delete or modify your Personal Information. Our subscribers may visit the Delivra Preference Center at any time to alter their marketing choices. We reserve the right to limit or deny your request to view, update, or remove your Personal Information if you have failed to provide us with sufficient information to verify your identity.
- You can opt out of receiving marketing communication we send you at any time. You can exercise this right by clicking on the “unsubscribe” link in the emails we send you or by visiting our Preference Center. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us at email@example.com. For data privacy concerns, use the contact details provided under the “Contact Us” Section below.
- To remove your Personal Information from a Site testimonial or request removal of your Personal Information from our blog or community forum, please contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
b. How Do We Keep Your Personal Information Secure?
- Delivra is committed to protecting the security of any Personal Information that we collect from you. We use appropriate technical and organizational security measures to protect any Personal Information we process against unauthorized access, disclosure, alteration, and destruction. More details about our security measures are available for review here.
- Despite these measures, no method of transmission over the Internet, or method of electronic storage is 100% secure. Delivra cannot fully eliminate security risks associated with the collection and storage of any Personal Information, including without limitation, any mistakes and security breaches that may happen. While we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security. In the unlikely event of a data breach where your Personal Information has been compromised, Delivra will promptly notify you, the applicable authorities and supervisory authorities or data protection authorities.
c. International Data Transfers
- The Site and the Services are provided, supported, and hosted in the United States. If you are using the Site or Services from outside the United States, your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your Personal Information in the United States and other countries in order to provide the Site and Services to you. These countries may have data protection laws that are different to the laws of the country in which you currently reside.
d. Data Retention
- We retain Personal Information we collect from you where we have an ongoing legitimate business need to do so or in accordance with Applicable Law (for example, to prevent abuse or illegal activities, retain our legal records, or to comply with other applicable legal, tax or accounting requirements).
- When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymise your Personal Information. If it is not possible to delete or anonymise your Personal Information (for example, because your Personal Information has been stored in backup archives), we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
- We will retain Personal Information we process (as a data processor) as a result of the Customer’s use of the Services for as long as needed to provide the Services (unless deletion is requested at an earlier time by the Customer) and as necessary to comply with Applicable Law, our legal obligations, to resolve disputes, and to enforce our legal rights.
- To request the deletion of any Personal Information that is retained by us on behalf of the Customer, please contact the Customer (the controller of that data) directly.
f. Contact Us