PRIVACY POLICY
Posted Date: Feb 21, 2022
Effective Date: Mar 22, 2022
- Scope.
1.1. Privacy Policy. This Privacy Policy (this “Privacy Policy”) applies to information we collect or use on websites and mobile applications, including, BigMailer.io, products, features, services, or any portion thereof (collectively, the “Service”), owned or controlled by Founder Bits Inc. (DBA Big Mailer), or its affiliated companies (“Founder Bits” or “we” or “our” or “us”). Affiliated companies are entities that control, are controlled by or are under common control with us.
1.2. Changes to the Privacy Policy. . We reserve the right at any time, with or without cause, to (a) change the terms and conditions of this Policy; (b) change our Services, including eliminating or discontinuing any feature of our Service; or (c) deny or terminate your use of and/or access to our Service. Any changes we make will be effective immediately upon our making such changes available on our Service, with or without additional notice to you. You agree that your continued use of our Services after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all the terms and conditions of our Privacy Policy (which can be accessed at https://www.bigmailer.io/privacy-policy/ and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. If we make a material change to our Privacy Statement, we will post a notice at the top of this page for 30 days. BY CONTINUING TO USE OUR SERVICES AFTER SUCH REVISION TAKES EFFECT, WE CONSIDER THAT YOU HAVE READ, UNDERSTOOD THE CHANGES AND AGREE TO BE BOUND BY THE MODIFIED PRIVACY POLICY.
1.3. Terms of Service. This Privacy Policy, the Terms of Service (the “Terms of Service”), and the Data Processing Agreement, which are incorporated herein by reference, constitute an agreement (collectively, this “Agreement”) between you (“You” or “your” or “you”), a user of the Service, and us. By accessing or using the Service, you acknowledge and agree to this Agreement. If you choose to not agree with this Agreement, you may not use the Service.
1.4. Third Party Links. The Service contains third party links to other websites or services. Please be aware that we are not responsible for the content or privacy practices of such other third party websites or services. We encourage our users to be aware when they leave the Service and to read the privacy statements of any other site that collects personal information.
- Information Collection.
2.1. Information You Provide. We may collect information that identifies you (“Personal Information”) when you use the Service or register for an account. The types of Personal Information that we may collect include:
(a) Information that you provide to us when you register for an account;
(b) Information that you provide to us when you purchase a product or service, including, without limitation, payment card and billing information;
(c) Information that you provide to us and/or our third party service providers when you purchase a mobile application or in-app purchases, products or services, such as payment card and billing information;
(d) Information that you provide to us, such as your name, location, address, phone number, and email address;
(e) Information that you provide to us if you participate in a sweepstakes, contest, rewards program, or other promotion;
(f) Information that you provide if you use the Service to upload, share, or communicate any content or information, including photos, images, videos, text, social network accounts, or other Personal Information that you may include about yourself or others;
(g) Information that you publicly post via links to social media networks, forums, blogs, message boards, chat rooms or similar functionality is public information that we, or others, may share or use in accordance with the law;
(h) Information that you provide if you email, phone, contact or communicate with us or our third party service providers for customer support or other communications.
(i) Information or data that you provide about your end-users and their user accounts.
2.2. Information We Collect.
(a) Traffic and usage information generated from your visit to the Service, including traffic data, pages you visit, browser information, operating system, IP address, cookie information, and the type of device that you use to access the Service;
(b) In connection with your visit or use of the Service, we may automatically collect information about our users, such as the numbers and frequency of users and their characteristics and information about similar groups of users, certain age groups or users that live in a particular geographical area. This data is only used in the aggregate as a statistical measure and not in a manner that would identify you personally. Aggregate information generally is collected through the use of cookies and beacons;(c) Information from public databases and third parties;(d) When you access or use the Service, or any portion thereof, we may collect physical location information that is sufficiently precise to allow us to locate a specific person or device (“Location Information”). We only collect Location Information with your permission (e.g., such as when you agree to provide it to us after you initially access or use the Service). We may use Location Information and provide it to third parties to provide you with content and services that are relevant to a particular location, such as advertising, search results, and directions.
- Tracking Technologies We Use. We may use one or more of the following tracking technologies, and similar future tracking technologies, to automatically collect information: cookies, local shared objects, web beacons, unique telephone numbers, general log information and referral information from third-party services.
3.1. “Cookies” are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in the Service are visited and by how many people. Our cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or your screen name or e-mail address. The ”Help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. We recommend that you leave the cookies activated because cookies allow you to use many features of the Service.
3.2. “Web beacons,” also known as an Internet tags, pixel tags or clear GIFs, link web pages to web servers and their cookies. Web beacons can be embedded in web pages, videos, or emails, to collect certain types of information from your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the content, the IP address of your computer, and the URL of the web page from which the content was viewed.
3.3. “Local shared objects,” sometimes known as Flash cookies, may be used to store your preferences or display content based upon what you have viewed on various websites to personalize your visit.
3.4. “Ad IDs” and Other In-App Tracking Methods. There are a variety of tracking technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifiers, or other identifiers such as “Ad IDs” to associate app user activity to a particular app. - How We Use Information. We may use the information that we collect for any of the following purposes:
4.1. To provide, operate, maintain, improve, and promote the Service;
4.2. To enable you to access and use the Service, including uploading, downloading, collaborating and sharing content, photos, images, videos and information, with other users or third parties;
4.3. To process and complete transactions, and send you related information, including purchase confirmations and invoices;
4.4. To send transactional messages, including responding to your comments, questions, and requests; providing customer service and support; and sending you technical notices, updates, security alerts, and support and administrative messages;
4.5. To send promotional communications, such as providing you with information about services, features, newsletters, offers, promotions, contests, events and sending updates;
4.6. To monitor and analyze trends, usage, and activities in connection with the Service and for marketing, advertising, administrative, analytical, research, optimization, and other purposes. For example, we may use statistical analyses of usage data in order to measure interest in the various areas of the Service, for development purposes and to inform advertisers and partners in aggregate and anonymous terms about consumers who click on their advertising or other messages. IP addresses are also used for systems administration and troubleshooting purposes.
4.7. To investigate and prevent fraudulent transactions, unauthorized access to the Service, and other illegal activities;
4.8. To personalize the Service’s content, features or advertisements;
- Information Sharing.
5.1. Service Providers.
We engage service providers to perform functions and provide services to us. We may share your private personal information with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions.
5.2. Payment Processors. We share your payment information with payment services providers to:
(a) Process payments;
(b) Prevent, detect and investigate fraud or other prohibited activities;
(c) Facilitate dispute resolution such as chargebacks or refunds;
5.3. Authorized Personnel. Our employees, agents, consultants, contractors, or other authorized personnel, may have access to user information as necessary in the normal course of our business.
5.4. Business Transfers. In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if the Service or Founder Bits, or substantially all of its assets, were acquired, liquidated, or dissolved, user information would be one of the assets that is transferred.
5.5. Government, Law Enforcement or Third Parties. We may disclose any information, including, without limitation, Personal Information that we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law, regulation, legal process or governmental request. We also may exchange information, including, without limitation, Personal Information, with other companies and organizations to protect the rights, property, or safety of Founder Bits and its affiliates, personnel, users, third parties, or others. We reserve the right to disclose a user’s Personal Information if we believe, in good faith, that the user is in violation of the Terms of Service, even without a subpoena, warrant or other court order.
5.6. Push Notifications. We may occasionally send you push notifications through our mobile applications to send you updates and other Service related notifications that may be of importance to you. You may at any time opt-out from receiving these types of communications by turning them off at the device level through your settings. - Choice and Opt-Out. We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information.
6.1. Choice. In accordance with local law, your controls and choices may include:
(a) You may correct, update and delete your account information, as described below;
(b) You may change your choices for subscriptions and newsletters;
(c) You may choose whether or not to receive offers from us;(d) You may choose whether you received targeted advertising from us or our partners.
6.2. Opt-out.
We may also use tracking technologies to collect information about your visits over time and across third-party services or other online services. The Network Advertising Initiative (the “NAI”) is a cooperative group of ad serving providers. The NAI has developed a set of privacy principles to which its members adhere. The NAI is committed to providing consumers with clear explanations of Internet advertising practices and how they affect you and the Internet generally. For more information about the NAI, third party ad servers generally and the opt-out options offered through the NAI, visit http://www.networkadvertising.org/index.asp.
6.3. Accessing and Correcting Your Information. If you have an account, you can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account or by emailing us at privacy@bigmailer.io. For other personal information we hold, we will provide you with access for any purpose including requesting that we correct the data if it is inaccurate or delete the data if we are not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.
6.4.Retention Period.. We will not retain personal information longer than necessary to fulfill the purposes for which it is processed, including the security of our processing complying with legal and regulatory obligations (e.g. audit, accounting and statutory retention terms), handling disputes, and for the establishment, exercise or defense of legal claims in the countries where we do business. If you wish to cancel your account or request that we no longer use your personal information to provide the Services to you, please contact us as set forth below, in Section 12, Contact Information. However, if you withdraw consent or otherwise object to our collection, use and disclosure of your personal information, you may not be able to use the Services. Further, to the extent permitted by applicable law, we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements. - Security of Your Information.
7.1. Security Measures. We have put in place physical, electronic, and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the information we collect online. These safeguards vary based on the sensitivity of the information that we collect and store. We intend to protect your personal information and to maintain its accuracy. We implement reasonable physical, administrative, and technical safeguards to help us protect your personal information from unauthorized access, use and disclosure. We also require that our suppliers protect such information from unauthorized access, use and disclosure.
7.2. No Security Guarantees. Although we take appropriate measures to safeguard against unauthorized disclosures of Information, we cannot assure you that Information will never be disclosed, altered or destroyed in a manner that is inconsistent with this Privacy Policy.
- Children Under The Age of 13. We do not collect or solicit any information from anyone under the age of 13 or allow people under the age of 13 to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at privacy@bigmailer.io.
- California Residents. This section applies only to California consumers. It describes how we collect, use, and share California consumers’ Personal Information in our role as a business, and the rights applicable to such residents. If you are unable to access this Privacy Policy due to a disability or any physical or mental impairment, please contact us and we will arrange to supply you with the information you need in an alternative format that you can access. For purposes of this section “Personal Information” has the meaning given in the California Consumer Privacy Act (“CCPA”). We might collect the following statutory categories of Personal Information:
a) Personal Information: Your personal information includes all the data you provide us when you sign up for an account or enroll in our services, including your name, email address, telephone number. If you make a payment for services, your card information is not held by us, it is collected by our third-party payment processors, who specialize in the secure online capture and processing of card transactions.
b) Geolocation data, such as IP address. We collect this information from your device.
c) Inferences.
d) Other personal information, in instances when you interact with us online, by phone or mail in the context of receiving help through our help desks or other support channels; participation in customer surveys or contests; or in providing the Service.
As a California Resident, you have certain rights regarding the Personal Information we collect or maintain about you. Please note these rights are not absolute, and there may be cases when we decline your request as permitted by law.
a) The right of access means that you have the right to request that we disclose what Personal Information we have collected used and disclosed about you in the past 12 months.
b) The right of deletion means that you have the right to request that we delete Personal Information collected or maintained by us, subject to certain exceptions.
c) The right to non-discrimination means that you will not receive any discriminatory treatment when you exercise one of your privacy rights.
As a California Resident, you can exercise your rights yourself or you can alternatively designate an authorized agent to exercise these rights on your behalf. Please note that to protect your Personal Information, we will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent’s identity to protect your Personal Information. Please use the contact details above if you would like to:
a) Access this policy in an alternative format,
b) Exercise your rights,
c) Learn more about your rights or our privacy practices, or
d) Designate an authorized agent to make a request on your behalf. - European Union, UK and similar jurisdictions. Subject to the conditions set out in the applicable law, Users in in the European Union/European Economic Area, and the United Kingdom ( as well as in other jurisdictions where similar rights apply) have the following rights regards our processing of their personal information:
a) Right of access: If you ask us, we will confirm whether we are processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details).
b) Right to correction (rectification): If the personal information we hold about you is inaccurate or incomplete, you are entitled to request to have it corrected. If you are entitled to have information corrected and if we have shared your personal information with others, we will let them know about the rectification where possible.
c) Right to erasure: You can ask us to delete your personal information in some circumstances, such as where we no longer need it or if you withdraw your consent (where applicable). If you request that we delete your personal information, we may do so by deleting your account(s) with us.
d) Right to restrict (block) processing: You can ask us to restrict the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information, or you object to our use or stated legal basis.
e) Right to data portability: You have the right, in certain circumstances, to receive a copy of personal information we have obtained from you in a structured, commonly used, and machine-readable format, and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
f) Right to object: Where our processing is based on our legitimate interests, we must stop such processing unless we have compelling legitimate grounds that override your interest or where we need to process it for the establishment, exercise, or defense of legal claims. Where we are relying on our legitimate interests, we believe that we have a compelling interest in such processing, but we will individually review each request and related circumstances.
g) Right to object to marketing: You can ask us to stop processing your personal information to the extent we do so based on our legitimate interests for marketing purposes. If you do so, we will stop such processing for our marketing purposes.
h) Right not to be subject to automated decision-making: You have the right not to be subject to a decision when it is based on automatic processing if it produces a legal effect or similarly significantly affects you unless it is necessary for entering into or performing a contract between us. Founder Bits does not engage in automated decision-making.
i) Right to withdraw your consent: In the event your personal information is processed based on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
j) Right to lodge a complaint: You also have the right to lodge a complaint with a supervisory authority if you consider that our processing of your personal information infringes the law.Please note that some of these rights may be limited, such as where we have an overriding interest or legal obligation to continue to process the data. Please contact us using the information set out above, in Section 12. Contact Information, if you wish to exercise any of your rights or if you have any enquiries or complaints regarding the processing of your personal information by us.
- Users From Other Jurisdictions. By using the Service, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and consent to having your data transferred to and processed on computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. If you do not accept this Privacy Policy, please do not use the Service. The Service is controlled and operated by Founder Bits from the United States. If you are not a resident of the United States or you are located outside the United States and choose to use the Service or provide information to us, please note that we will transfer the information, including Personal Information, to the United States and process it there. Your acceptance of this Privacy Policy, followed by your submission of such information represents your agreement and consent to that transfer. We do not represent or warrant that the Service, or any portion thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Service and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Service, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
- Contact Information. If you have any questions, feedback or to report a violation regarding the Privacy Policy, you may email us at hey@bigmailer.io or contact us by mail addressed to:
Founder Bits Inc.
80 Theodore Fremd Avenue, Rye, NY 10580 - Governing Law & Venue. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of New York. The Courts of Westchester County, New York shall be the exclusive forum for any mediation, arbitration, litigation, or dispute resolution.
- Enforceability. If any provision of this Policy is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement. This Policy, along with the Terms of Use and Data Processing Agreement, constitutes the entire terms with respect to the relationship between Company Name and you and supersedes all prior agreements, whether written or oral, concerning such relationship. This Policy may not be changed, waived, or modified except by Founder Bits as provided herein or otherwise by written instrument signed by Founder Bits.