INTRODUCTION
Seguno Software, Inc. (“Seguno” or “we”/”us”/”our”) helps e-commerce marketers maximize profit and drive revenue through automation. We are committed to safeguarding the privacy of Personal Data.
This Privacy Policy provides an overview of Seguno’s practices surrounding collection, disclosure and use of Personal Data relating to the Service, including prospective users of the Service. The term “Service” as used in this Privacy Policy means Seguno’s web site at www.seguno.com, as well as Seguno’s e-mail marketing apps and all related products, services, software, technologies, deliverables and tools provided by Seguno. The term “Users” in this Privacy Policy refers to both individual representatives of customers authorized to use the Service in support of their business, as well as to visitors to our web site and any of our pages on social media sites such as LinkedIn, YouTube, and Twitter (our web site and all of our social media pages are collectively referred to herein as the “Website”).
Seguno customers may collect and manage Personal Data when using our Service. When our customers use the Service, Seguno processes Personal Data as a processor under their direction. Our customers, as data controllers, are responsible for complying with any laws that require providing notice, disclosure, and/or obtaining consent prior to collecting and using their subscribers’ Personal Data through the Service. See the “Processing of Customer’s Contact Data” Section below for additional information.
“Personal Data” is any information that can be used to uniquely identify an individual, either directly or indirectly, or that is otherwise defined as personal information or personal data under applicable laws. This includes information such as a name, an identification number, location data, and an online identifier.
THE PERSONAL DATA WE COLLECT AND HOW WE USE IT
Personal Data We May Collect
Users will be required to provide their name, organization name, title, phone number, and e-mail address, and may also be requested to provide other data, when requesting information about the Service and when registering for and using the Service and Website. Users of the Service will also select a username and password.
The Service allows our customers to manage e-mail marketing campaigns. As such, at the direction of our customers, we may receive and store through our Service, the names, e-mails, addresses, phone number, and IP address of our customers’ contacts and prospective contacts. Other information about our customers’ contacts such as use of discount codes, products ordered, and click-through rates and information may also be stored through our Service.Seguno may receive personal information from individuals who email or call Seguno for business purposes, such as for information about the Service, or for technical support, or in support of contracts and operations associated with Seguno.Seguno may use data enrichment services to augment the personal information of Users who express an interest in using the Service. This additional information may include company information, job title, and links to Users’ social profiles.
Seguno may also receive information about you if you connect to us through social media sites, based on the privacy preferences you have selected through such sites.
Cookies and Other Information We May Collect Automatically
Seguno uses cookies to store information about Users, such as viewing preferences and login information. A cookie is a data file that a web site writes to your computer when you visit or use the Service. The Service may not be fully functional unless you accept use of Internet cookies. This information is used to identify who you are when you make a request to the Service. If you allow your browser to accept cookies when using the Service, a cookie is set and trusted when you return to the Service after visiting an external site.
We also may use pixel tags, web beacons and other similar technologies to improve our understanding of site traffic, visitor behavior, and response to promotional campaigns, as a supplement to our server logs and other methods of traffic and response measurement. Pixel tags are sometimes used in conjunction with small Javascript-based applications, which are also for the purpose of traffic measurement. We may also implement pixel tags provided by other companies, for the same purpose. The information we obtain in this manner enables us to customize the Service and to measure the overall effectiveness of the Service and associated Website and web activities.
Seguno gathers information about Users collectively and logs IP addresses, session sources, and other data that track access to the Service. We analyze these logs to better understand aggregate behavior and to monitor the performance of our Service. The logs are analyzed to ascertain the overall aggregate trends they reveal about our Users, but not as a means of tracking the behavior of individual users outside our Service. This information is used for the purpose of maintaining and improving the Service.
Our Website uses Google Analytics, a service which transmits Website traffic data to Google servers. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand Website traffic and usage.
Our Website is not designed to respond to "do not track" signals received from browsers.
HOW WE USE PERSONAL DATA
We may use Personal Data for the following purposes:
respond to requests for information about our Service
confirm registration information or your desire to opt-in to newsletters or marketing communications from us, and to fulfill your requests to receive these items
provide our customers the requested Service
protect the security and integrity of our Service and Website, including to correct technical problems and malfunctions on our Service
take precautions against liability
identify your product and service preferences
alert you of new Service features and enhancements, and other services and products
research, develop, test, support and improve our Service
Seguno may use aggregate and/or de-identified information to determine the demographics of our Users and to use and distribute statistics and general information about the Service. These demographics will always represent aggregate and/or anonymized information and will not identify a specific individual.
HOW AND WITH WHOM WE SHARE PERSONAL DATA
We never rent, sell, or otherwise share Personal Data with third parties for any purpose except as set forth in this Privacy Policy, unless you have given us your express permission to do so. We may provide Personal Data to third parties as set forth below:
to third parties who provide services on our behalf. These parties may use the Personal Data solely in conjunction with the specific services they provide for us (e.g., hosting services, managing and enhancing data, sending you information about products, services, programs and events that we offer that may be of interest to you based on your preferences, responding to your question or comment, and investigation of a complaint). Our service providers are obligated to protect your Personal Data.
We may also provide third parties with aggregate statistics about traffic patterns and related Service information. This data reflects Website and Service usage patterns, but it does not contain behavioral, profile, or identifying information about any individual user.
We reserve the right to disclose any Personal Data as needed if such information is requested by law enforcement agencies or if we are required to do so by law, regulation, subpoena, court order or by a government entity. We also may disclose Personal Data to third parties in response to legal requests, such as court orders, subpoenas, and specific requests from law enforcement agencies, if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating our Terms of Service.In the event all or a portion of the business or assets of Seguno are sold or transferred, including in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business, user information is usually one of the business assets that is transferred. Prior to any transfer of your Personal Data in these circumstances, we will notify you via email of the transfer. If your Personal Data is transferred, you will be subject to the Privacy Policy and Terms and Conditions of the new organization.
WHERE WE PROCESS AND STORE YOUR PERSONAL DATA
Please note that all Personal Data we collect is stored on our servers in the United States. If you are located outside of the United States, any Personal Data we collect, including location data and online identifiers, will be processed and stored in the United States. The data protection and privacy laws and regulations in the United States may be different from those of the country, territory or region where you reside or are a citizen and may offer less protection than the laws and regulations in your country, territory or region. By using our Website and Services, you consent to the transfer and processing of your Personal Data in the United States, and we use this consent as the legal basis for that transfer. For more information on transfers of Personal Data to the United States, please see the “Transfer of Personal Data to the United States” section below.
LEGAL BASIS FOR PROCESSING
Under applicable data protection laws, Seguno is the controller of the Personal Data that Users provide to us. As a controller, we will process the Personal Data we collect from you in accordance with this Privacy Policy. For more information on how we process the Personal Data of persons located in the European Economic Area (“EEA”) at the time of data collection, please refer to the “Your General Data Protection Regulation Rights” section below. We may request your explicit consent before collecting and processing certain of your Personal Data; however, we may collect and process your Personal Data without your express consent for the following purposes:
To perform any contractual obligations to you in our Terms of Service and any contractual obligations arising under the Service we are providing to you;
To comply with laws, regulations, court orders, or other legal obligations, to defend legal claims, or to assist in an investigation;
To protect your vital interests or the vital interest of other persons, when necessary; and
For the purposes of our legitimate interests, including providing you with important notices about changes to our Terms of Service and this Privacy Policy, responding to your requests, inquiries, complaints, and any other communications you initiate, keeping our Service safe and secure, and improving our Service to enhance your experience with our Service.
We will not perform any automated processing, including profiling, to provide our services to you without first obtaining your explicit consent to do so.
When we process Personal Data relating to our customers’ contacts, we are acting as a processor under applicable data processing laws. If a customer determines that applicable law, including but not limited to GDPR, requires a data processing agreement, then upon customer’s request we will provide customer with our standard Data Processing Agreement (“DPA”) for execution.
YOUR GENERAL DATA PROTECTION REGULATION RIGHTS
Under the General Data Protection Regulation as adopted in the European Union and in the United Kingdom (“GDPR”), persons whose Personal Data are collected while they are located in the European Economic Area or the United Kingdom, have certain rights that they may exercise in relation to the collection and processing of their Personal Data. If you are in this category of persons, you have the following rights:
1. Right of access to your Personal Data (Art. 15 GDPR): You have the right to obtain from us confirmation as to whether or not Personal Data concerning you is being processed, and where that is the case, access to the Personal Data and certain information related to the processing, such as the purposes of the processing, the categories of Personal Data involved, and the recipients of the Personal Data.
2. Right to rectification (Art. 16 GDPR): You have the right to obtain from us without undue delay the rectification of any inaccurate Personal Data. Users can update certain Personal Data on the Services themselves using their login information.
3. Right to erasure (‘right to be forgotten’) (Art. 17 GDPR): You have the right to request that we erase your Personal Data, and we must erase your Personal Data following your request, when: (a) the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (b) you withdraw the consent you gave to the processing of your Personal Data, including special categories of Personal Data, for one or more specific purposes (pursuant to Art. 6(1)(a) or Art. 9(2)(a)) and there is no other legal basis for the processing; (c) you object to processing necessary for the performance of a task carried out in the public interest or for purposes of carrying out our legitimate interests and there are no overriding legitimate reasons for the processing (pursuant to Art. 21(1)), or you object to the processing carried out for direct marketing purposes (pursuant to Art. 21(2)); or (d) your Personal Data have been unlawfully processed.
4. Right to restriction of processing (Art. 18 GDPR): You have the right to request the restriction of processing where: (a) the accuracy of your Personal Data is contested by you, for a period enabling us to verify the accuracy of your Personal Data; (b) the processing is unlawful and you oppose the erasure of your Personal Data and request the restriction of their use instead; (c) we no longer need your Personal Data for the purposes of the processing but your Personal Data are required by you for the establishment, exercise, or defense of legal claims; or (d) you have objected to processing pursuant to Art. 21(1) pending the verification of whether our legitimate interests override your interests, rights, and freedoms.
5. Right to data portability (Art. 20 GDPR): You have the right to receive your Personal Data, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller, where technically feasible, without interference from us.
6. Right to object (Art. 21 GDPR): You have the right to object, on grounds relating to your particular situation, at any time to processing of Personal Data concerning you which is based on processing necessary for the performance of a task carried out in the public interest or processing necessary for the purposes of our legitimate interests or those of a third party (Art. 6(1)(e) and Art. 6(1)(f), respectively), including profiling based on those types of processing, as well as processing of Personal Data for direct marketing purposes and any profiling related to such direct marketing. Upon notice of your objection to processing of Personal Data which is based on Art. 6(1)(e) and Art. 6(1)(f), we will no longer process your Personal Data for such purposes, unless we are able to show compelling legitimate grounds for the processing which override your interests, rights, and freedoms or for the establishment, exercise, or defense of legal claims. Upon notice of your objection to processing of Personal Data for direct marketing purposes, we will no longer process your Personal Data for such purpose.
7. Automated individual decision-making, including profiling (Art. 22 GDPR): You have the right to not be subject to a decision based solely on automated processing, including profiling, which significantly affects you, unless the decision is necessary for entering into, or performance of, a contract between you and us, or is based on your explicit consent.
8. Right to withdraw consent (Art. 13 and Art. 14 GDPR): If our processing of your Personal Data is based on your consent, you have the right to withdraw this consent at any time.
9. Right to lodge a complaint with the Data Protection Authority (Art. 77 GDPR): You have the right to lodge a complaint with a supervisory authority, in particular in the EEA member country of your habitual residence, place of work, or place of the alleged infringement if you believe the processing of your Personal Data infringes the GDPR. A list of Data Protection Authorities and their contact information can be found here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htmIf you live in the United Kingdom, then the complaint should be lodged with the Information Commissioner’s office http://ico.org.uk/
For more information on the GDPR, you may follow this link: https://gdpr-info.eu/.
HOW WE PROTECT YOUR PERSONAL DATA
Seguno implements appropriate technical and organizational security precautions to maintain the security and accuracy of Personal Data we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access, loss, misuse or alteration. Only authorized Seguno personnel, including service providers, have access to the data. Notwithstanding the above, due to the open nature of the Internet, we cannot fully guarantee that any Personal Data stored on our servers, or transmitted to or from a user, will be free from unauthorized access. By using our Service, you acknowledge that you understand and agree to assume these risks. Please note that email is not encrypted and is not considered to be a secure means of sharing Personal Data with us.
HOW WE HANDLE LINKS
This Privacy Policy does not apply to the practices of entities that we do not own or control or persons that we do not employ or manage. For the convenience of our users, our Website may contain links to other websites that are not under our control (“Linked Websites”). Seguno is not responsible for the privacy practices or the content of such Linked Websites. You acknowledge that Seguno is not responsible for privacy policies of Linked Websites it does not operate or control. Accessing the links to any other off-site pages or other Linked Websites is at your own risk and subject to the applicable privacy policies and terms and conditions of such Linked Websites. We recommend that you make your own independent judgment regarding your use of, and submission of information to, Linked Websites.
YOUR CHOICES REGARDING USE OF THE INFORMATION WE COLLECT
At any time after you have opted in and provided us with your Personal Data you may opt-out of having your Personal Data used for commercial purposes. If you would prefer to no longer be contacted about our special offers, products or services, or if your Personal Data changes (such as email address, phone number, or mailing address), you may correct, update or delete/deactivate your Personal Data at any time by notifying us via one of the “How to Contact Us” options provided below.
If you opted in to mobile messaging (e.g., SMS and MMS) offer but later decide you no longer wish to receive the mobile messages, please follow the opt-out instructions included in the mobile message. If you receive any online newsletter or similar promotional email communication from us, and you wish to unsubscribe or change your preferences, you may reply to the email communication with a clear request to unsubscribe. If you use more than one email address, then send your opt-out email from, or ask to unsubscribe for, each of your email addresses. Because customer lists generally are prepared well in advance of a communication, you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes, but we will work to remove your information from that list as soon as possible. We appreciate your patience and understanding in giving us time to implement your request.
DATA RETENTION
Seguno will retain User’s Personal Data for as long as the User maintains an account with us or as otherwise necessary to provide the Service to the User. Seguno may retain limited data regarding Users as long as reasonably needed to support our operations. We will also retain your Personal Data as necessary to comply with our legal obligations, to resolve legal disputes, and to enforce our agreements. We will delete your Personal Data upon your request to do so, where permissible. To request the deletion of your Personal Data, you may contact us using one of the “How to Contact Us” options listed at the end of this Privacy Policy.
PROCESSING OF CUSTOMER’S CONTACT DATA
We act as a Processor with respect to contact and related data (“Contact Data”) when we provide the Service to our customers. We receive Contact Data directly from a Customer or collect it during the provision of the Service and process it to properly provide our Service. If applicable to a customer due to applicable data privacy laws and if requested by customer, the DPA between us and such customer contains terms regarding our use and disclosure of Contact Data.
We process Contact Data for the term of the contract between us and the Customer to provide Services and maintain such Contact Data for two weeks after termination of the contract, subject to applicable laws.
Our customer warrants that the Personal Data submitted to us for processing is collected and processed lawfully, for legitimate purposes and on the grounds, and the customer has all necessary consents and the right to transfer Personal Data. The customer undertakes to properly inform its contacts about the processing and transfer of their Personal Data to us. The customer shall be liable for all damages incurred by its contacts due to improper processing of Personal Data initiated by the customer.
Customer agrees to provide the necessary and lawful instructions regarding the processing of Contact Data in a timely and proper manner, as well as all information and documents necessary for the processing of Contact Data.
MINORS
OUR WEBSITE AND SERVICE ARE ONLY INTENDED FOR USE BY THOSE EIGHTEEN (18) YEARS OR OLDER AND NOT A MINOR IN YOUR STATE OF RESIDENCE. IF YOU ARE NOT AN INTENDED USER, KINDLY DO NOT USE OR VIEW OUR WEBSITES.
Seguno does not knowingly collect Personal Data from children under 13. If we learn that we have collected the Personal Data of a child under 13, we will take steps to delete the information as soon as possible.
We control and operate our Website and Service from the United States of America. Seguno makes no representation that materials on the Website or Service are appropriate or available for use in other countries, and access to them from countries, territories or regions where such content is illegal is prohibited. Those who choose to access our Website and Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws and regulations.
TRANSFER OF PERSONAL DATA TO THE UNITED STATES
The Website and Service are governed by and operated in accordance with the laws of the United States. By using the Service or Website, you certify that you meet the age and other eligibility requirements for the Service or Website as set forth herein and in our Terms of If you are located outside of the United States, please be advised that any information you provide to us will be transferred to the United States. As necessary, you hereby consent to the transfer of your Personal Data to the United States as outlined herein.
NOTIFICATION OF CHANGES
Seguno reserves the right to change this Privacy Policy from time to time. If we believe the changes are material, we will notify you that the Privacy Policy has changed by posting a notice thereof on the homepage of our Website and in other places we deem appropriate. Your continued use of our Service following the posting of changes means you accept those changes.
HOW TO CONTACT US
Seguno Software, Inc.
104 City Hall Plz Ste 200
Durham, NC 27701
legal@seguno.com