Postmark

Privacy Policy

October 22, 2013

Introduction

Wildbit LLC (“Wildbit”, “we”, or “us”) values your privacy. We are a technology company offering a set of web-delivered tools and services for web app developers and other customers (collectively, “Clients”) to send transactional emails to their end users (“Postmark”). Clients, their end users, as well as other web surfers whose digital data is processed by Wildbit as part of its provision of services to its Clients (collectively, “Users”) must be able to trust that their data is processed by Wildbit in accordance with applicable privacy laws and regulations.

This Privacy Policy was created in order for Users to better understand how Personal Information (as defined below) relating to them is processed by Wildbit. Further, this Privacy Policy applies to all aspects of Postmark, whether made available or accessed via any of our applications or our website postmarkapp.com (together, the “Website”) on a P.C. or mobile device. This Privacy Policy also explains how we use and disclose that Personal Information. This Privacy Policy is not exhaustive, but contains certain fundamental privacy principles applied by Wildbit which Wildbit considers to be of particular importance for Users to be aware of.

“Personal Information,” as used in this Privacy Policy, is information that allows the direct identification of an individual, such as a name or email address, and information that we combine directly with such identifying information. This Privacy Policy is incorporated into and is subject to the Postmark Terms of Service. Any capitalized terms not defined herein have the meaning set forth in the Postmark Terms of Service. By using the Website or Postmark, you expressly consent to information handling practices described in this Privacy Policy.

Information We Collect

We collect two types of data about individuals: (1) information that you or others voluntarily submit to us (“User-Supplied Information”) and (2) technical data automatically collected from all visitors to the Website, and individuals that use Postmark to send or receive emails (“Passive Data Collection”).

User-Supplied Information

We may collect User-Supplied Information, including but not limited to, the following scenarios:

If you choose to provide information to us, you are giving us permission to use and store that information consistent with this Privacy Policy.

Wildbit may monitor the contents of emails and messages sent via Postmark, but is not obligated to do so, and may not, nor does Wildbit collect any data or information related to the content in such emails and messages.

Passive Data Collection

Like most web-based services, we automatically receive and record information on our server logs from your browser when you use Postmark and the Website. We may use a variety of methods, including “cookies” to collect this information. We use both session and persistent cookies. The information that we may collect with these automated methods may include, for example, your IP address, cookie information, a unique device or user ID, browser type, system type, the content and pages that you access via Postmark or on the Website, the frequency and duration of your visits to the Website. We may also use cookies on the Website or as part of Postmark to store session validators on your hard drive. If we directly combine any information gathered through passive means with Personal Information, we treat the combined information as Personal Information under this Privacy Policy. Otherwise, we use information collected by passive means in aggregated forms.

A cookie is a string of information that a website stores on a User’s computer, and that the User’s browser provides to the website each time the User returns. Most major websites use cookies. Because the browser provides this cookie information to the website at each visit, cookies serve as a sort of label that allows a website to “recognize” a browser when it returns to the website. Cookies store information about your activities on a website or other platform. For example, cookies can store your session information for easy sign-in to a website or other platform you have previously visited. They enable us to make your use of Postmark and the Website more enjoyable and to improve the functionality of Postmark.

The table below explains the cookies we use and why.

Cookie name Description
JSESSIONID For security reasons when logging in a session cookie is needed. It is a unique id to this session and encrypts this in a cookie. This cookie is set when logging in and will be deleted when logging out.
GlobalSessionId A session cookie to keep you logged in into the old and the new system at the same time.
test To check if cookies are disabled or not in the browser. To inform the user that cookies has to be enabled for the signup and be able to login.

Google Analytics

Cookie name Description
__utmz Keeps track of where the visitor came from, what search engine they used, what link was clicked on, what keyword they used, and where in the world they are when they accessed the website.
_utmv Stores information used within Analytics to identify user as part of a custom segmentation.
_utmc Holds timestamp of the exact moment in time when a visitor leaves the site.
_utmb Holds timestamp of the exact moment in time when a visitor first visits the site.
_utma This cookie keeps track of the number of times a visitor has been to the site, when their first visit was, and when their last visit occurred.

Olark

Cookie name Description
hblid A visitor identifier used to remember the visitor between visits.
wcsid A session identifier used to keep track of a single chat session.
olfsk Storage identifier used to maintain chat state across pages (e.g. message history).
_okbk Extra state information (e.g. chat box being open/closed).
_ok Most recent Olark site ID (security measure).
_oklv The Olark loader version (for improved caching).

We use a variety of data analytics products and services to analyze Users’ use of the Website and services offered. The analytics products and services provides us with aggregated data in order to help us make informed business decisions. One product we use is Google Analytics. Google, as a third party, controls information collected through Google Analytics and you should check and be comfortable with its privacy practices prior to using the Website and Postmark. You may review information about Google’s privacy practices with respect to Google Analytics at www.google.com/analytics/learn/privacy.html.

We use Mixpanel to help analyze how Users use the Website. This tool uses cookies to collect standard Internet log information and visitor behavior information. The information generated by the cookie about your use of the Website (including your IP Address) is transmitted to Mixpanel. This information is then used to evaluate Users’ use of the Website and to compile statistical reports on Website activity for us. We further use the statistical analytics tool to track or to collect Personal Information of Users. We will use this information in order to maintain, enhance, or add to the functionality of the Website and Postmark. You may review Mixpanel’s privacy practices at mixpanel.com/privacy/.

We use Intercom to gather information about how Users are using Postmark and the Website and to respond to Users’ feedback. To do this, Intercom relies on cookies to track and collect Users’ usage information. You may review Intercom’s privacy practices at docs.intercom.io/privacy.html.

You can configure your Internet browser (Internet Explorer, Mozilla Firefox, Google Chrome, Safari, Opera, etc.) by changing its options, to stop accepting cookies completely or to prompt you before accepting a cookie from the website you visit. If you do not accept cookies, however, you may not be able to use all portions of the Website or all functionality of Postmark.

How We Use Personal Information

We use Personal Information to establish and enhance our relationship with you. We may use Personal Information to operate, provide, improve, and maintain Postmark, and to develop new products and services; to prevent abusive and fraudulent use of Postmark and the Website; to personalize and display content on the Website; to send you information about products and services (including our products and services) in which we believe you may be interested; and for other administrative and internal business purposes. Some user account information may be kept indefinitely for purposes of Wildbit’s business records.

We may use Passive Data Collection to: (a) remember your information so that you will not have to re-enter during your visit or the next time you visit the Website; (b) customize our services to you; (c) monitor aggregate website usage metrics such as total number of visitors and pages viewed; and (d) administer, operate, and improve Postmark and the Website and our other services and systems, and to provide services and content that are tailored to you.

When We Disclose Personal Information

We do not sell or rent email addresses and other Personal Information collected through the Website or transmitted or collected via Postmark. We do not share Personal Information with third parties except in the limited circumstances described in this Privacy Policy. Please be aware, however, that any information that you voluntarily choose to display on any publicly available portion of the Website, send using Postmark, becomes publicly available and may be collected and used by us or others without restriction.

We may provide Personal Information to third parties for their use in performing internal business functions (e.g., maintenance, security, data analysis, email transmission, CRM, database management services, credit card payment processing or data hosting) on our behalf. We require such third parties to agree to only use your Personal Information in accordance with this Privacy Policy and for no other purpose than to provide us with necessary services.

We may share some or all of your Personal Information with our affiliates (including a parent company, subsidiaries, joint venture partners or other companies that we control or that are under common control with us), in which case we will seek to require those affiliates to honor this Privacy Policy.

We may disclose Personal Information if we have a good-faith belief that doing so is required by a subpoena or other judicial or administrative order or otherwise required by law. This may include responding to legal requests from jurisdictions outside of the United States, where we have a good faith belief that the response is required by law in that jurisdiction. Additionally, we may disclose Personal Information where we, in good faith, deem it appropriate or necessary to prevent violation of the Postmark Terms of Service, or our other agreements; take precautions against liability; protect the rights, property, or safety of Wildbit, any individual, or the general public; maintain and protect the security and integrity of our services or infrastructure; protect ourselves and our services from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims or allegations; or assist government enforcement agencies.

Change of Ownership

In the event of a change in ownership, or a merger with, acquisition by, or transfer or sale of all or a portion of our assets to, another entity, we reserve the right to transfer all of your Personal Information, including email addresses, to that entity. We will use reasonable efforts to notify registered users of any such transfer to an unaffiliated third party (by a posting on our homepage, or by email to your email address that you provided to us, as chosen by us in our discretion).

Security

The security of your information is VERY important to us, including, but not limited to, the Personal Information collected via Postmark and the Website. We use reasonable security measures to protect against the loss, unauthorized access, misuse, alteration and destruction of Personal Information under our control, both during the transmission and once we receive it. This includes, but is not limited to, the use of firewalls and encryption. Although we make good faith efforts to maintain the security of such Personal Information, no method of transmission over the Internet or method of electronic storage, is 100% secure and we cannot guarantee that it will remain free from unauthorized access, use, disclosure, or alteration. Further, while we work hard to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent “hackers” or other unauthorized persons from illegally accessing or obtaining this information.

As part of our security, we restrict access to Personal Information to Wildbit employees, contractors and agents who need to know that information in order to operate, develop or improve Postmark. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using Postmark or the Website or by providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Postmark.

If a security systems breach occurs, we may post a notice on our homepage (postmarkapp.com) or elsewhere on the Website and may send email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. This notice paragraph applies to users of Postmark and the Website. Should there be a breach that affects your end users, you will be responsible for disseminating notice of such a breach to your end users.

Children

The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. Postmark and the Website are not directed toward individuals under the age of thirteen (13), and we request that such individuals do not provide personally identifying information through our websites. Additionally, we do not knowingly collect or maintain Personal Information from anyone under the age of 13, unless or except as permitted by law. If we learn that Personal Information has been collected from a user under 13 years of age on or through the Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has registered on the Website or you believe has otherwise provided Personal Information to Wildbit, please contact Wildbit at support@postmarkapp.com to have that child’s account terminated and information deleted. Clients are responsible for ensuring that they are in compliance with COPPA, Wildbit is merely acting at the direction of our Clients and as an agent of our Clients.

Your Choices

Where it is required by law or where Wildbit otherwise deems it appropriate, Wildbit will seek consent from you before Wildbit processes your data (opt in). Wildbit reserves the right not to provide you with certain products or services should you choose not to provide required Personal Information.

You may, at any time, update, correct, or delete certain Personal Information that you have provided to us by contacting us at support@postmarkapp.com. You are entitled to request that Wildbit shall not process your personal data for direct marketing purposes. Additionally, Clients may, at any time, review, and update or correct the Personal Information in their registration profile.

You can choose to delete your account from within Postmark or by emailing support@postmarkapp.com. We will make every effort to delete all User history within thirty (30) days of when the account is deleted. Please be aware that even if you update or remove Personal Information that you have provided to us, including if you delete your account, your Personal Information may be retained in our backup files and archives for a reasonable period of time for security and legal purposes.

Administrative Communications and Marketing Communications

If you registered on our Website, or otherwise opted in to receive communications from us, we may send you administrative messages and updates regarding your account, updates regarding Postmark or the Website, and information regarding offer, products and services from us, including, without, limitation, through social media updates and by email. You may indicate your preferences regarding commercial email messages by taking the steps described in such messages. Also, you may indicate your preferences regarding commercial email messages by contacting us using the information in the “Contact” section.

Third-Party Services

Postmark and the Website may contain links to websites and services provided by third parties. Any Personal Information you provide on third-party websites or services is provided directly to that third party and is subject to that third party’s policies governing privacy and security.

California Privacy Rights

California’s “Shine the Light” law permits residents of California to request certain details about what personal information a company shares with third parties for the third parties’ direct marketing purposes. The request can be made once a calendar year and includes information only from the prior calendar year (e.g. requests made in 2013 will receive information regarding 2012). Wildbit does not share your information with third parties for the third parties’ own and independent direct marketing purposes unless we receive your permission. To obtain this information, please write to us at 20 N. 3rd Street, Unit 701, Philadelphia, PA 19106 or email support@postmarkapp.com with “Request for California Privacy Information” in the subject line.

International Users

Postmark and the Website are hosted in the United States. If you access or use Postmark or the Website from the European Union, or any other region outside of the United States, the laws governing data collection and use may differ from the United States law. Please note that you are transferring your personal data outside of those jurisdictions to the United States. The United States does not have the same data protection laws as the European Union and other regions. By providing Personal Information under this Privacy Policy, you consent to the use of Personal Information in accordance with this Privacy Policy and the transfer of your Personal Information to the United States.

Safe Harbor

Wildbit complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Economic Area member countries and Switzerland. We have certified that we comply with the Safe Harbor Frameworks and adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement.

Wildbit conducts in-house verification of its compliance with the Safe Harbor Privacy Principles. For any complaints regarding our compliance with either of the Safe Harbor Frameworks, please contact Wildbit at support@postmarkapp.com. If after submitting a complaint to Wildbit the issue cannot be resolved through Wildbit’s internal processes, individuals may submit the complaint to JAMS for mediation pursuant to the JAMS International Mediation Rules, which are accessible on the JAMS website at www.jamsadr.com/rules-international-rules. JAMS mediation may be commenced as provided for in the JAMS International Mediation Rules. The mediator may propose any appropriate remedy, such as publicity for findings of non-compliance, payment of compensation for losses incurred as a result of non- compliance, or cessation of processing of the Personal Information who has brought the complaint. Wildbit will assume the costs of the administrative fees if the mediator makes a written recommendation that finds Wildbit in breach of its duties pursuant to the Safe Harbor Privacy Principles. Mediation will be conducted in the English- language. Complaints involving Wildbit’s human resources data may be submitted to the European Union Data Protection Authorities (“EU DPA”) or the Swiss Federal Data Protection and Information Commissioner (“Swiss FDPIC”), as applicable. Wildbit agrees to cooperate and comply with the EU DPA and the Swiss FDPIC to investigate unresolved complaints involving Wildbit human resources data. All other disputes will be handled as indicated above.

For more information about the U.S.-EU Safe Harbor Program, the U.S.-Swiss Safe Harbor Program, and to view our certification, please visit export.gov/safeharbor/. You may view and learn more about Wildbit’s compliance with these Safe Harbor programs at postmarkapp.com/safe-harbor-policy.

Changes

We may occasionally update this Privacy Policy. If we do, we will update the “Effective Date” at the top of the Privacy Policy. Wildbit will notify users by email about any significant changes in this Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about our collection, use, and disclosure of Personal Information. Your continued use of Postmark and the Website constitutes your agreement to this Privacy Policy and any updates.

Privacy Questions / Feedback

Users with questions about this Privacy Policy may contact Wildbit at support@postmarkapp.com or 20 N. 3rd Street, Unit 701, Philadelphia, PA 19106.