Last Updated: August 17, 2016
“Personal Information,” as used in this Policy, is information that specifically identifies an individual end user of the Service, such as an individual’s name, address, telephone number, or e-mail address. Personal Information also includes information about an individual’s activities, such as information about his or her activity on our Service, and demographic information, such as date of birth, gender, geographic area, and preferences, when any of this information is linked to Personal Information that identifies that individual. Personal Information does not include “aggregate” or other non-personally identifiable information. Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed. We may use and disclose aggregate information, and other non-personally identifiable information, for various purposes.
Collection of Information
Collection of Voluntarily-Provided Information
We collect Personal Information that our users provide to us in a variety of ways on our Service, including:
E-mail Newsletters. We may offer e-mail newsletters with announcements and information about Leanplum from time to time on our Service. If you sign up to receive a newsletter from us, we collect your e-mail address.
Downloads, User Accounts and Profiles. Our Service or third parties may give you the ability to download Leanplum software, register for a Leanplum account or to create and update a user profile on the Service. If we offer such functionality on the Service, we will collect the Personal Information that you provide to us in the course of using that functionality. This information may include, for example, your name, contact information, and system information, as well as information about your interests, preferences and future needs. We may indicate that some personal information is required for you to download our software, register for the account or to create the profile, while some is optional. To the extent that your user profile is public, we will share your Personal Information in your user profile with others in your organization.
Interactive Features and Public Areas. Our Service may contain interactive functionality that allows you to engage with other users on the Service, post comments to forums, to upload photographs and other content (the “User Content”), participate in surveys, and otherwise to interact with the Service and with other users. If you use any interactive functionality on our Service that requests or permits you to provide us with personal information (including, for example, any services that allow you to post User Content on any of our Service), we collect the Personal Information that you provide to us in the course of using these interactive features. You should be aware that any information you provide in chat sessions, message boards, email exchanges, newsgroups or similarly non-private areas of the Service may be read, collected, and used by others who access these areas, and this information is not Personal Information for the purposes of this Policy. To request removal of your Personal Information from these areas, please contact us. 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.
Correspondence. If you contact us by e-mail, using a contact form on the Service, or by mail, fax, or other means, we collect the Personal Information contained within, and associated with, your correspondence. We use this Personal Information to respond to your correspondence. We may also use your correspondence to improve the Service.
Passive Information Collection
When you visit our Service, some information is collected automatically. For example, when you access our Service, we automatically collect certain information, which may include your browser’s Internet Protocol (IP) address, your browser type, the nature of the device from which you are visiting the Service (e.g., a personal computer or a mobile device), the identifier for any handheld or mobile device that you may be using, the Web site that you visited immediately prior to accessing any Web-based Service, the actions you take on our Service, and the content, features, and activities that you access and participate in on our Service. We also may collect information regarding your interaction with e-mail messages, such as whether you opened, clicked on, or forwarded a message.
We may collect this information passively using technologies such as standard server logs, cookies, and clear GIFs (also known as “Web beacons”). We use passively-collected information to administer, operate, and improve the Website and our other services and systems, to improve the effectiveness of advertising on our Service, and to provide advertisements and other content that is tailored to you. If we link or associate any information gathered through passive means with Personal Information, or if applicable laws require us to treat any information gathered through passive means as Personal Information, we treat the combined information as Personal Information under this Policy. Otherwise, we use and disclose information collected by passive means in aggregate form or otherwise in a non-personally identifiable form.
Also, please be aware that third parties, such as companies displaying advertisements on the Service, or sites or services provided by third parties (“Third-Party Sites”) that may be linked to or from the Service, may set cookies on your hard drive or use other means of passively collecting information about your use of their services, Third-Party Sites or content. We do not have access to, or control over, these third-party means of passive data collection.
Information from Other Sources
We may receive information about you, including Personal Information, from third parties (e.g., opt-in lists where you have requested information about Leanplum or the Service while visiting a Third-Party Site). We may combine this information with other Personal Information we maintain about you. If we do so, this Policy governs any combined information that we maintain in personally identifiable format.
Use of Personal Information
We use Personal Information to provide the services and information that you request. We also use your Personal Information to enhance, improve, operate, analyze and maintain our Service and other systems (e.g., to troubleshoot problems); to prevent fraudulent use of our Service and other systems; to prevent or take action against activities that are, or may be, in violation of our Terms of Service or applicable law; to tailor advertisements, content, and other aspects of your experience on and in connection with the Service; to maintain a record of our dealings with you; for other administrative purposes (e.g., contacting you regarding administrative information or notices); to resolve disputes and enforce our agreements with you; and for any other purposes that we may disclose to you at the point at which we request your Personal Information, and pursuant to your consent.
We may also use Personal Information you provide to contact you regarding products, services, and offers, both from ourselves and from third parties, that we believe you may find of interest. We allow you to opt-out from receiving marketing communications from us as described in the “Choice” section below.
Disclosure of Personal Information
Except as described in this Policy, we will not disclose your Personal Information that we collect on the Service to third parties without your consent. We may disclose your Personal Information to third parties if you consent to us doing so, as well as in the following circumstances:
We may disclose Personal Information to third-party service providers (e.g., value-added resellers, payment processors, data storage and processing facility vendors) that assist us in our work. We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such Personal Information and to provide at least the same level of privacy protection as we do. Public Areas Some features on our Service may allow you to upload, post, or otherwise transmit User Content to public areas of the Service, such as comments that you post on a blog entry on the Service. Please be aware that any Personal Information that you include within any User Content will be made available to other users of the Service. You include Personal Information in User Content at your sole risk. We may allow you to select privacy options that limit access to some types of Personal Information in User Content, but no security measures are impenetrable or perfect. Additionally, even after information posted on the Website is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot warrant or guarantee that any Personal Information that you provide on and in connection with the Service will not be accessed, viewed, or used by unauthorized persons.
Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information is transferred to one or more third parties as one of our business assets.
To Protect Our Interests
We also disclose Personal Information if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of our Service and other users of the Service.
Leanplum may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements Event and Conference Sponsors We may share your Personal Information with third parties that sponsor Leanplum events or conferences that you attend. Otherwise, Leanplum does not offer or allow the sale of any of your Personal Information to third parties.
Leanplum Inc. is liable for appropriate onward transfers of personal data to third parties.
Leanplum provides you with the opportunity to choose (opt out) whether your personal information is to be disclosed to a third party or to be used for a purpose that is incompatible with the purpose(s) for which it was originally collected or subsequently authorized. You may exercise your choice by contacting Leanplum at: email@example.com.
If you receive commercial e-mail from us, you may unsubscribe at any time by following the instructions contained within the e-mail. You may also opt-out from receiving commercial e-mail from us, and any other promotional communications that we may send to you from time to time (e.g., by postal mail) by sending your request to us by e-mail at firstname.lastname@example.org or by writing to us at the address given at the end of this policy. Additionally, we may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us.
Please be aware that if you opt-out of receiving commercial e-mail from us, it may take up to ten business days for us to process your optout request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding our Service.
If we offer the ability to create user accounts or profiles on our Service, you have the right to access and update many categories of Personal Information that you provide to us by logging in to your account and accessing your account settings. If you wish to access or amend any other Personal Information we hold about you, you may contact us at email@example.com or by the other methods described under “Contacting Us” below.
If you request that we delete your account on any of our Service (via a user settings page, by e-mail, or otherwise), we will do so within a reasonable period of time, but we may need to retain some of your Personal Information in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.
The Service may contain links to other Web sites, products, or services that we do not own or operate. For example, the Service may contain links to Third-Party Sites such as social networking services. If you choose to visit or use any Third-Party Sites or products or services available on or through such Third-Party Sites, please be aware that this Policy will not apply to your activities or any information you disclose while using those Third-Party Sites or any products or services available on or through such Third-Party Sites. We are not responsible for the privacy practices of these Third-Party Sites or any products or services on or through them. Additionally, please be aware that the Service may contain links to Web sites and services that we operate but that are governed by different privacy policies. We encourage you to carefully review the privacy policies applicable to any Web site or service you visit other than the Service before providing any Personal Information on them.
Children’s safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our Service is not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13 without obtaining parental consent. If we learn that we have collected Personal Information from a child under the age of 13 on our Service, we will delete that information as quickly as possible. If you believe that we may have collected any such Personal Information on our Service, please notify us at firstname.lastname@example.org.
Our servers and data centers are located in the United States. If you choose to use the Service from outside the U.S., then you should know that you are transferring your Personal Information outside of your region and into the U.S. for storage and processing. By providing your Personal Information to us through your use of the Service, you agree to that transfer, storage, and processing in the U.S. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.
EU-US Privacy Shield Framework Compliance
Leanplum is also subject to the investigatory and enforcement powers of the Federal Trade Commission (the “FTC”) that will effectively ensure compliance with the EU-US Privacy Shield Principles.
US-Swiss Safe Harbor Framework Compliance
EU-US Privacy Shield and US-Swiss Safe Harbor Independent Recourse Mechanism
Leanplum has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-euconsumers/ for more information and to file a complaint.
Leanplum has further committed to refer unresolved privacy complaints under the US-Swiss Safe Harbor to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.
EU-US Privacy Shield Arbitration Mechanism
As a last resort, for complaints left unresolved by all other available mechanisms, EU individuals may invoke binding arbitration before the Privacy Shield Panel. The Privacy Shield Panel is an “arbitration mechanism”, consisting of one or three arbitrators, as agreed by the parties, meaning that it settles disputes without going to court. Its decisions, however, are binding and enforceable in U.S. courts. EU individuals can invoke arbitration through the Privacy Shield Panel, under limited conditions (in particular the prior exhaustion of certain other redress possibilities).
We use reasonable security measures that are designed to protect personal information from accidental loss, disclosure, misuse, and destruction. Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk. Always select a password that is unlikely to be available or discovered by others, and never disclose your password to any third parties. You are responsible for all Personal Information submitted through your account or user profile and all actions taken through your account and user profile. Therefore, if your password has been compromised for any reason, you should immediately change your password.
Updates to this Policy
We may occasionally update this Policy. When we do, we will also revise the “last updated” date at the beginning of the Policy. Your continued use of our Service after such changes will be subject to the then-current policy. If we change this Policy in a manner that is materially less restrictive of our use or disclosure of your Personal Information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any Personal.
Information that we collected from you prior to the date the change becomes effective. We encourage you to periodically review this Policy to stay informed about how we collect, use, and disclose Personal Information. Contacting Us If you have any questions or comments about this Policy, please contact us using the contact information available on our Website, www.leanplum.com.