Thank you for using Emercury. This policy explains the what, how, and why of the information we collect when you visit our websites, or when you use our services. It also explains the specific ways we use and disclose that information. We take your privacy extremely seriously, and we never sell lists or email addresses.
Emercury is committed to Protecting Your Privacy. We host customer lists for many businesses and organizations, professional associations, non-profits, and community groups.
Our Privacy & Standards team assists list owners by providing tools and best practices education to protect their reputation, brand and throughput, and to ensure the highest levels of permission and consent when mailing.
Information We Collect
Generally, we collect and maintain three categories of data:
Account Information you voluntarily provide to us: (which generally includes contact information and payment information (we call this our “Customer Data”);
List and email information: data provided by our customers about individuals or entities to whom our customers would like to send email messages or other types of communications (we call this “Customer Recipient Data”) When you add a Distribution List or create an email with the Services, we have and may access the data on your list and the information in your email.
Information we collect automatically: data about visitors to our Site who may or may not also be our customers (“Site Visitor Data”).
Although the majority of our customers are businesses, some of the account information submitted to us, and maintained by us, could be used to identify or relate to an individual (“personal data”) rather than a business.
Information from your use of the Service: We may receive information about how and when you use the Services, store it in log files or other types of files associated with your account, and link it to other information we collect about you. This information may include, for example, your IP address, time, date, browser used, and actions you have taken within the application. This type of information helps us to improve our Services for both you and for all of our users.
Web beacons: We use web beacons on our Websites and in our emails. When we send emails to members, we may track behavior such as who opened the emails and who clicked the links. This allows us to measure the performance of our email campaigns and to improve our features for specific segments of members. To do this, we include single pixel gifs, also called web beacons, in emails we send. Web beacons allow us to collect information about when you open the email, your IP address, your browser or email client type, and other similar details. We also include Web Beacons in the emails we deliver for you. We use the data from those Web Beacons to create reports about how your email campaign performed and what actions your subscribers took. Reports are also available to us when we send email to you, so we may collect and review that information.
What We Do With the Data Collected on Our Site
As explained above, our services are intended for businesses, not consumers. If you have provided your contact information (which may include personal data) to us, we may contact you for marketing purposes by various means, including regular mail, email or telephone. When you activate an Emercury account (including a trial account), you expressly consent to receive marketing communications about Emercury’s services via direct mail, email (at the email address you provided when activating your account), telephone (at the number you provided when activating your account), pre-recorded messages (at the number you provided when activating your account), text messages (if you provided a wireless telephone number), instant messages or other communications methods. We may also use personal and non-personal (e.g., business-related) data for other purposes, including but not limited to: 1) providing the services you request and 2) providing technical support.
We do not sell or rent Customer Data, Customer Recipient Data or Site Visitor Data without advance permission or unless ordered by a court of law. The data we collect is available: 1) to customer who sign up for our service offering(s); 2) to Emercury employees who access and manage this information for legitimate business purposes such as customer service, marketing or billing purposes; and 3) to our service providers for purposes of providing functions or services related to our customers’ accounts (for example, billing functions).
Why Do You Receive Email From Us?
If you have received one or more e-mails from us, it means that (a) your email address is on our list of customers, trial users or prospective customers, (b) you have provided us your email address so that we could contact you, and/or (b) you have an existing business relationship with one of our customers and have expressly shared your email address with such customer for the purpose of receiving emails about such customer’s products or services (in other words, you have “opted-in”). It is possible that our customers may use our services to send unsolicited email, however. If this occurs, please contact us immediately at our abuse desk. You can read more about our abuse desk here.
Data Collected for and by our Users
As you use our Services, you may import into our system Personal Information you have collected from your Subscribers or other individuals. We have no direct relationship with your Subscribers or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals.
How Can You Stop Receiving Emails From Us?
If you are a Subscriber and no longer want to be contacted by one of our Members, please unsubscribe directly from that Member’s newsletter/message in the footer of the email. Each email sent contains an easy, automated way for you to cease receiving email from the lists your are subscribed to, or to change your expressed interests. If you do not wish to receive additional emails from Emercury, simply follow the instructions at the end of any email or contact the Member directly to update or delete your data. If you contact us, we may remove or update your information within a reasonable time and after providing notice to the Member of your request.
We will retain Personal Information we process on behalf of our Members for as long as needed to provide our Services or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.
Public Information and Third Party Websites
Blog. We have public blogs on our Website. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us here. If we are unable to remove your information, we will tell you why.
Social media platforms and widgets. Our Websites include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our Website, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. We also maintain presences on social media platforms including Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.
Content of Email Campaigns
When you send an email marketing campaign, it bounces from server to server as it crosses the Internet. Along the way, server administrators can read what you send. Email was not built for confidential information. Please do not use Emercury to send confidential information.
Your Distribution Lists
A Distribution List can be created in a number of ways, including by importing contacts, such as through csv, API, form submissions or directly from our platform. Your Distribution Lists are stored on a secure Emercury server. We do not, under any circumstances, sell your Distribution Lists. If someone on your Distribution List complains or contacts us, we might then contact that person. Only authorized employees have access to view Distribution Lists. You may export (download) your Distribution Lists from Emercury at any time.
We will use and disclose the information in your Distribution Lists only for the reasons discussed in Sections “What We Do With the Data Collected on Our Site“. We will not use and disclose the information in your Distribution Lists to:
- bill or collect money owed to us;
- send you system alert messages;
- communicate with you about your account; or
- send you informational and promotional content.
If we detect abusive or illegal behavior related to your Distribution List, we may share your Distribution List or portions of it with affected ISPs or anti-spam organizations.
How Do We Secure the Personal Data We Collect?
We use technical, administrative, and physical security measures to protect against the loss, misuse and alteration of data used by our system. No data transmissions over the Internet, however, are guaranteed to be completely secure. While we strive to protect your data from unauthorized use or disclosure, Emercury cannot warrant or guarantee the security of the data that you provide to us.
Our credit card processing vendor uses security measures to protect your information both during the transaction and after it is complete. Our vendor is certified as compliant with card association security initiatives, including the Visa Cardholder Information Security and Compliance (CISP), MasterCard® (SDP), and Discovery Information Security and Compliance (DISC). If you have any questions about the security of your Personal Information, you may contact us
Emercury accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your Distribution Lists is so sensitive, account passwords are encrypted, which means we cannot see your passwords. We cannot resend forgotten passwords either. We will only reset them.
Notice of Breach of Security
If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Distribution Lists, then Emercury will notify you as soon as possible and later report the action we took in response.
We Operate in the United States
Emercury participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S Privacy Shield Framework. We are committed to subjecting all Personal Information received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield website: https://www.privacyshield.gov/welcome. A list of Privacy Shield participants is maintained by the Department of Commerce and is available at: https://www.privacyshield.gov/list. You may view our status here
Emercury is responsible for the processing of Personal Information it receives under each Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact the EU Data Protection Authorities (DPAs) the dispute resolution provider for the EU Framework or Swiss Federal Data Protection and Information Commissioner (FDPIC), the dispute resolution provider for the Swiss Framework. Under certain conditions, more fully described on the Privacy Shield website, https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
Members located in Switzerland and the EU are also free to request our updated data processing agreement which incorporates the Standard Contractual Clauses here in addition or instead of relying on Emercury’s Privacy Shield certification, as applicable.
Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy. By using our website, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this policy.
Members located in Australia
If you are a Member who lives in Australia, this Section applies to you. We are subject to the operation of the Privacy Act 1988 (“Australian Privacy Act”). Here are the specific points you should be aware of:
Where we say we assume an obligation about Personal Information, we are also requiring our subcontractors to undertake a similar obligation, where relevant.
We will not use or disclose Personal Information for the purpose of our direct marketing to you unless: you have consented to receive direct marketing; you would reasonably expect us to use your personal details for the marketing; or we believe you may be interested in the material but it is impractical for us to obtain your consent. You may opt out of any marketing materials we send to you through an unsubscribe mechanism or by contacting us directly. If you have requested not to receive further direct marketing messages, we may continue to provide you with messages that are not regarded as “direct marketing” under the Australian Privacy Act, including changes to our terms, system alerts, and other information related to your account.
Our servers are primarily located in the United States. In addition, we or our subcontractors, may use cloud technology to store or process Personal Information, which may result in storage of data outside Australia. It is not practicable for us to specify in advance which country will have jurisdiction over this type of off-shore activity. All of our subcontractors, however, are required to comply with the Australian Privacy Act in relation to the transfer or storage of Personal Information overseas.
If you think the information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information upon your request.
If you are unsatisfied with our response to a privacy matter then you may consult either an independent advisor or contact the Office of the Australian Information Commissioner for additional help. We will provide our full cooperation if you pursue this course of action.
Accuracy and Retention of Data
We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes (for example, if you have a new email address), then you are responsible for notifying us of those changes. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. We will retain your information for as long as your account is active or as long as needed to provide you with our Services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our Agreements.
We will give an individual, either you or a Subscriber, access to any Personal Information we hold about them within 30 days of any request for that information. Individuals may request to access, correct, amend or delete information we hold about them by contacting us here. Unless it is prohibited by law, we will remove any Personal Information about an individual, either you or a Subscriber, from our servers at your or their request. There is no charge for an individual to access or update their Personal Information.
Your Choice & Opt-Outs
We will give an individual, either you or a subscriber, the ability to choose (opt out) whether the individuals personal information is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals.
Members and Visitors who have opted in to our marketing emails can opt out of receiving marketing emails from us at any time by clicking the “unsubscribe” link at the bottom of our marketing messages.
Also, all opt-out requests can be made by emailing us using the contact details provided in the “Questions About Your Account” section below. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Members cannot opt out of these messages unless you cancel your Emercury account.
If you are a California resident, California Civil Code section 1798.83 permits you to request in writing a list of the categories of personally identifiable information relating to third parties to whom we have disclosed certain categories of personally identifiable information during the preceding year, for the third parties’ direct marketing purposes and to obtain such information free of charge up to twice in a 12-month period.
Pursuant to California Civil Code sections 1798.110 and 1798.115, you have the right to request disclosure from Emercury of the following:
*The categories of personal information Emercury has collected about you.
*The categories of sources from which the personal information is collected.
*The business or commercial purpose for collecting personal information.
*The categories of third parties with whom the business shares personal information.
*The specific pieces of personal information Emercury has collected about you.
To review this or to make any such requests, please use this Data Request Form
Emercury will disclose and deliver the required information to a consumer free of charge within 45 days of receiving a verifiable customer request from the customer. Emercury shall promptly take steps to determine whether the request is a verifiable customer request, but this shall not limit Emercury’s duty to disclose and deliver the information within 45 days of receipt of the customer’s request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary, provided the customer is provided notice of the extension within the first 45-day period.
Pursuant to California Civil Code section 1798.125, Emercury shall not discriminate against a consumer because the consumer exercised any of the consumer’s rights, including, but not limited to, by:
*Denying goods or services to the consumer;
*Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
*Providing a different level or quality of goods or services to the consumer;
*Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.
Questions About Your Account
If you have any questions about your account or how we use the data we collect and maintain in the course of providing our services, please use our contact form to contact us.
You may also contact us by postal mail or email at:
Attn. Privacy Officer
1250 Route 28, Suite 305
Branchburg, NJ 08876 USA
Any changes to this Policy will be posted here, so please check this page regularly and make sure to check the effective date of the policy above. If you have any questions or concerns about the changes, please contact us
Emercury has a strict policy against Spam. As one of the nation’s providers of email services, Emercury has consistently taken a leadership role in abuse prevention. We work with the email abuse prevention community to find solutions to the problem of unsolicited email. Emercury is proud to be a member of organizations that are dedicated to protecting consumer privacy, curbing unsolicited commercial email (or “Spam”), and promoting responsible email practices. Read our anti-spam policy.