We are in the business of providing an online platform that our customers may use to create, send and manage emails and SMS messages.
(a) 'personal data' shall mean any information relating to an identified or identifiable natural person ('data subject'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;
(b) 'processing of personal data' ('processing') shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;
(c) 'personal data filing system' ('filing system') shall mean any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis;
(d) 'controller' shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data;
(e) 'processor' shall mean a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller;
(f) 'third party' shall mean any natural or legal person, public authority, agency or any other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the data;
(g) 'recipient' shall mean a natural or legal person, public authority, agency or any other body to whom data are disclosed, whether a third party or not; however, authorities which may receive data in the framework of a particular inquiry shall not be regarded as recipients;
(h) 'the data subject's consent' shall mean any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed;
(i) 'commercial email messages' shall mean email messages with primary purpose to advertise and promote a commercial product, or service (including content on an Internet website operated for a commercial purpose);
(j) 'transactional/relationship email messages' shall mean email messages with primary purpose to ‘facilitate, complete, or confirm’ a previously agreed-upon commercial transaction. These emails messages may include warranty information, product updates or upgrades that regard the previously agreed-upon commercial transaction, information to employees etc.
C. SPECIAL NOTE ABOUT CHILDREN
This site is not intended for children, especially kids under 18. Children may use this site only with the direct supervision of their parent.
D. CATEGORIES OF INFORMATION WE COLLECT:
2. List and campaign information. When you upload or create an email or SMS distribution list or put together an email or a SMS campaign with WebStrategy, we have access to the data on your list and the information in your campaign.
3. Other information we receive and store. When you register to use WebStrategy, we store cookies, which are strings of code, on your computer. We also use electronic images known as Web beacons. With those cookies, we are aware of and collect information concerning when you visit our Website, when you use WebStrategy, your browser type and version, your operating system and platform and other similar information. With Web beacons, we can determine when you open email we send you, and collect other data. You may turn off all cookies that have been placed on your computer by following the instructions on your browser on how to block cookies that have been placed on your computer. However, if you block our cookies it will be more difficult, and maybe impossible, to use our services.
4. Campaign reports. Our customers, who elect to receive Campaign reports, can also determine who has opened or not opened emails or clicked on links. That and all other tracking information available to our customers is also available to us and we may collect and review that information.
E. USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION:
We will use and disclose your personal information as follows:
1. To bill and collect sums owed to us. Uses for this purpose include sending you emails, invoices, receipts and notices of delinquency, to alert you if we need a different bank account number, and to otherwise try to collect money owed.
3. To provide customer support and obtain feedback.
4. To meet legal requirements such as complying with court orders and valid subpoenas.
5. To provide information received hereunder to representatives and advisors such as attorneys and accountants to help us comply with legal and other requirements.
6. WebStrategy guarantees that your data and your distribution lists will not, under any circumstances, be used in any SPAM activities.
F. DATA QUALITY OF YOUR PERSONAL INFORMATION
Using WebStrategy, your personal information is:
(a) processed fairly and lawfully;
(b) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes;
(c) adequate, relevant and not excessive in relation to the purposes for which they are collected and/or further processed;
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that data which are inaccurate or incomplete, having regard to the purposes for which they were collected or for which they are further processed, are erased or rectified;
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected or for which they are further processed.
G. YOUR DISTRIBUTION LISTS:
Your email or SMS distribution lists are stored on a secure WebStrategy server. We do not, under any circumstances, steal your lists, contact people on your lists, market to people on your lists, or share your lists with any other party, except as required by law or, regarding contacting, except in response to a complaint or other communication directly from an individual on one of your lists. We do not hold your lists hostage. We do not make it difficult for you to reclaim them. You may export (download) your lists from WebStrategy at any time so long as we have a copy.
WebStrategy stores its servers in a highly secure server environment, with surveillance and support to prevent unauthorized access and data security.
We cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control. Any data transmissions you make over the Internet are done so at your own risk. Once we receive the data transmission, we make our best efforts to ensure its security and privacy on our systems.
I. CAN-SPAM Act of 2003
In accordance with CAN-SPAM Act of 2003:
- Each email message must not contain fraudulent transmission data, such as open relays, and false headers. The ‘From’, ‘To’, ‘Reply-To’ and routing information, including the originating domain name and email address must be accurate and must identify the person or business who initiated the message;
- Each email message must not use misleading sender or subject lines. The subject line must accurately reflect the content of the message;
- Each email message must contain the postal address of the sender. The email message must include the valid physical postal address. This can be a current street address, a post office box registered, or a private mailbox registered under postal service regulations;
- Each email message which is not opt-in or double opt-in must include a clear notice that states the email is an advertisement (‘commercial email message’), or a solicitation in commercial messages;
- Each email message must include a clear unsubscribe mechanism. The notice must be made in a way that’s easy for an ordinary person to recognize, read, and understand;
- The process of un-subscription must be handled promptly. Any opt-out mechanism must be able to process opt-out requests for at least 30 days after the email message is sent. A recipient’s opt-out request must be honoured within 10 business days;
- Sharing of un-subscribed email addresses to third parties is prohibited;
- Harvesting email addresses or using automated means to randomly generate email addresses is prohibited;
- Email message must not contain any vulgar, pornographic or sexually oriented material. Such material must be readily identifiable in the subject line. When ‘initially viewed’, the body message must include only instructions on how to access the sexually oriented material, as well as the postal address of the sender, a notice that the respective message is an advertisement or a solicitation in commercial messages, and a working unsubscribe mechanism.
J. EFFECTIVE DATE:
We comply with:
• CAN-SPAM Act of 2003, meaning ‘Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003’ enacted by the Senate and House of Representatives of the United States of America, on the interstate commerce by imposing limitations and penalties on the transmission of unsolicited commercial electronic mail via the Internet;
• Law No. 677 / 2001 enacted by the Romanian Parliament on the protection of individuals with regard to the processing of personal data and on the free movement of such data, regarding the collection, use, and retention of data from our customers.
K. QUESTIONS AND SUGGESTIONS
WebStrategy values your input! If you have questions or suggestions, please contact us via email or phone.