Privacy Policy
PRIVACY POLICY OF SENDCUTSEND LLC.
This Privacy Policy of SendCutSend (the “Policy”) is hereby made effective as of October 1, 2018, by SendCutSend LLC, a Nevada corporation (“SendCutSend” or “We”), and, without waiving or otherwise releasing any right or obligation under any prior privacy policy or similar document or agreement of SendCutSend (“SendCutSend”), hereby amend and restate any such prior privacy policy.
By using or accessing SendCutSend, you thereby (i) agree and acknowledge that you have read and understood this Policy, and (ii) acknowledge and consent to the learning, collection and use of your Personal Information (as hereinafter defined) as described in this Policy. If you do not agree with any portion of this Policy, you are prohibited from using or accessing SendCutSend.
General
When you create an account with SendCutSend and use the SendCutSend application, you will provide certain information to SendCutSend and, during your use of SendCutSend, SendCutSend will learn, collect and use certain additional information about you for various purposes, as more fully set forth in this Policy. Even though SendCutSend will learn, collect and use information about you, SendCutSend will not lease, sell, share or otherwise provide your Personal Information (as hereinafter defined) to any third party without your consent, except as provided herein.
What We Learn, Collect and Use
Beginning when you register for SendCutSend, SendCutSend will learn, collect and use certain personal data and information about you and, as you use SendCutSend will continue to learn, collect and use additional personal data and information (all such personal data and information is collectively referred to herein as, “Personal Information”). By providing SendCutSend with this information, you consent to this information being collected, used, disclosed, transferred to the United States and stored by SendCutSend, as described in our Terms and Conditions and in this Policy.
Information Collected Upon Registration
In order to become a user of SendCutSend, you must provide us with Personal Information, including, without limitation, name, email address, and, for any purchase, billing and credit card information. Without providing Personal Information, you can not create a SendCutSend account. At the time of registration or when you choose to use certain SendCutSend services, SendCutSend may collect certain other Personal Information from you including, without limitation, demographic information, such as location or age. SendCutSend may request or collect Personal Information from you during any registration process which SendCutSend may use to provide or improve SendCutSend or may use as is otherwise provided herein. SendCutSend may store Personal Information, and it may be included in databases owned and maintained by SendCutSend’s affiliates, agents or service providers.
Information Collected While Using SendCutSend
When you use and interact with SendCutSend, SendCutSend also receives and stores additional Personal Information, which information may or may not be personally identifying information. Such information includes, without limitation, your internet protocol address, browser types, domain name, and other statistical data involving your use of SendCutSend and/or our services. Such information is collected passively using various technologies or may be provided by you through communications with SendCutSend or SendCutSend.
Information Collected By SendCutSend’s Use of “Cookies”
A cookie is a piece of information that SendCutSend gives to your computer when you access SendCutSend. Cookies are used by SendCutSend to track your usage of SendCutSend, trends on the usage of SendCutSend and to improve SendCutSend and analyze and assess changes to, successes and failures of SendCutSend and portions thereof.
For security purposes and to ensure the availability of SendCutSend, SendCutSend also uses software programs to monitor network traffic, to identify unauthorized attempts to upload or change information, or otherwise cause damage to SendCutSend or SendCutSend.
Based on how the internet operates, when you visit SendCutSend we automatically receive the uniform resource locator of the prior webpage that you were on and of the webpage where you go after SendCutSend. SendCutSend also receives the internet protocol address of your computer, the type of operating system and web browser you are using, your location, date and time of your access, pages viewed on SendCutSend and other information related to your visit to SendCutSend.
Information Provided Voluntarily When Interacting with Support
SendCutSend also collects information when you interact with SendCutSend’s customer service in order to assist you and to improve the operation of SendCutSend. This includes any interactions with our team via our support site, chat support, email, our support documentation, and our blog. Information shared with support may include personal information, such as your name, email address, credit card information (eg. name on credit card, last four digits of credit card number or expiration date), shipping address, etc.
How We Use Your Personal Information
SendCutSend uses your Personal Information in connection with the operation, development and improvement of SendCutSend, the operation and billing of your SendCutSend account, and for other uses consistent with this Policy. SendCutSend may use your Personal Information for any internal purpose, including, without limitation the development and operation of SendCutSend and the development of additional services and products by SendCutSend or its affiliates, and to communicate with you regarding SendCutSend, your account, updates to our services (such as temporary outages or permanent changes), product releases, or other services or products offered by SendCutSend. Regarding billing and payment, Personal Information you provide to SendCutSend will be used to send billing-related notices via email. When contacting SendCutSend for customer support, in order to answer your questions, SendCutSend may use your personal information, such as email address, name and billing information; and other account-related data. Please be aware that you are responsible for the payment of any fees or costs incurred by you in connection with receipt of communications from SendCutSend, including data, internet, cellular carrier or other similar fees.
SendCutSend recognizes the importance of the privacy of its users and does not lease, sell, share or otherwise provide Personal Information to third parties, except as provided herein. SendCutSend will not disclose or provide your Personal Information to any third party except:
as otherwise described in this Policy;
as otherwise required by law or to comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
as reasonably necessary to respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, entity or government agency;
for any internal purpose of SendCutSend, including, without limitation, to manage your SendCutSend account and other billing purposes, to respond to your inquiries, to allow outside vendors to perform services required by SendCutSend, and to otherwise manage and operate SendCutSend and develop new services and products;
as reasonably necessary to enforce the Terms and Conditions of Service and Use of SendCutSend.com (the “Terms and Conditions”);
as reasonably necessary to detect, prevent and address fraud and other illegal activity and to prevent death or imminent bodily harm; or as reasonably necessary to protect the rights and property of SendCutSend or its officers, directors, shareholders, employees or agents.
SendCutSend may provide aggregated anonymous data about the usage of SendCutSend to third parties for purposes that we deem, in our sole discretion, to be appropriate, including, without limitation, to prospective advertisers or investors.
SendCutSend may provide aggregated anonymous data about the usage of SendCutSend to third parties for purposes that we deem, in our sole discretion, to be appropriate, including, without limitation, to prospective advertisers or investors.
SendCutSend may post, email and use any testimonials that you have provided about SendCutSend, and SendCutSend may post and email examples of content you have created through SendCutSend, in connection with the marketing and promotion of SendCutSend. Testimonials and other marketing, promotions and advertisements may include obfuscated Personal Information (such as first name and general location) that you have provided to SendCutSend. Furthermore, Personal Information you provide to SendCutSend may be used to send you information, advertisements and promotional material via email. You are able the unsubscribe from these emails via the “unsubscribe” link at the bottom of each email communication.
SendCutSend may also disclose your Personal Information to a third party as part of a sale of the assets of SendCutSend, as the result of a change in control of the company, or in connection with an investment in SendCutSend by a third party. Any third party to which SendCutSend transfers or sells SendCutSend’s assets will have the right to continue to use your Personal Information.
Your Lists. Lists can be created on your SendCutSend account for email marketing, contests, and other reasons. The data can be collected through SendCutSend forms, data imports of lists you have collected elsewhere, data imported via SendCutSend Feeds or the Import Likes/Comments features. Your SendCutSend lists are stored on secure SendCutSend servers. Only authorized SendCutSend employees may access your lists. SendCutSend employees will not access your lists, except in the event that you contact us for support purposes, or someone on your list contacts us. In the event someone on your lists contacts us, we will make an attempt to contact you, in addition to contacting that individual. On all of our paid plans, you can export/download your list at any time. On our Free Plan, you can reach out to support@sendcutsend.com for a one-time export of your list. SendCutSend will only use and disclose data on your lists for reasons discussed in this Policy. If abusive or illegal behavior is found in relation to your list, then we may share your lists or portions of the list with anti-spam organizations or affected ISPs.
Compliance
Accuracy And Access Of Your Personal Information
You have a right to access, modify, correct and request that SendCutSend internally delete any Personal Information provided to or obtained by SendCutSend or SendCutSend. If you update, modify or correct any Personal Information, we may keep copies of your Personal Information prior to such update, modification or correction for uses provided for in this Policy. You may update, modify or correct your Personal Information via your account Preferences. Alternatively, you may contact support@sendcutsend.com for updates, modifications and corrections to your Personal Information, or to request access to your Personal Information.
Retention Of Your Personal Information
You may request internal deletion of your Personal Information at any time by contacting SendCutSend in the manner provided on SendCutSend. SendCutSend will endeavor to respond to your request in a timely manner. Please note, however that Personal Information you have published on Facebook may remain available even if you request that such information be internally deleted by SendCutSend. Once a request to delete a SendCutSend user’s Personal Information is received, it will be removed from our servers within 60 days. You may delete your account within the Account Preference section of your SendCutSend account. Alternatively, you may contact support@sendcutsend.com to delete your account.
Protection of Your Personal Information
Any Personal Information that you provide to SendCutSend will be protected in a commercially reasonable manner.
Notice of Breach of Security
In the event of a security breach that affects you or the individuals on your SendCutSend lists, SendCutSend will notify you as soon as possible on both the nature of the breach and the actions taken to address it.
To opt-out of the disclosure of personal information to third-parties, please email support@sendcutsend.com. Furthermore, if you wish to opt-out of the use of your personal information for purposes different from those for which the personal information was originally collected or subsequently authorized, please email support@sendcutsend.com.
Miscellaneous
SendCutSend reserves the right to amend, restate or otherwise modify this Policy at any time without notice to you. As a user of SendCutSend you are required, and hereby agree, to review the Policy frequently. Should SendCutSend elect to amend, restate or otherwise modify this Policy in a material manner, SendCutSend will post a notice of such material amendment, restatement or modification on Send Cut Send so that you may review the changes to the Policy. If you object to any such changes to the Policy, you may, as your sole right and remedy, close your SendCutSend account. By continuing to use SendCutSend after such notice has been posted on SendCutSend.com, you thereby consent to any such changes to the Policy and agree to be bound by the then current version of this Policy.
In the event that the terms of this Policy conflict with or are inconsistent with any provision of the Terms and Conditions, the Terms and Conditions shall govern.
Any claim under this Policy or otherwise related to Send Cut Send shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions, and shall be exclusively resolved by a state or federal court located in Washoe County, Nevada. You agree to submit to the personal jurisdiction of the courts located within Washoe County, Nevada, for the purpose of litigating all such claims.
If any provision of this Policy is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Policy will not be affected in any way.
Contact for Questions and Requests
Any questions or comments on this Policy or the privacy practices of SendCutSend should be directed to support@sendcutsend.com. If you wish to update, access or delete any of your Personal Information held by SendCutSend or a SendCutSend user, please email support@sendcutsend.com.