Last Updated: May 5, 2017
ConvertKit is a United States limited liability company subject to the laws of the United States. This Policy describes how we collect, use, and disclose information in the United States. The United States may not offer a level of privacy protection as great as that offered in other jurisdictions. In jurisdictions outside of the United States where we are subject to different or more restrictive local laws, we may adjust our practices in those jurisdictions to comply with local laws. Otherwise, we make no representation that the practices described in this Policy are compliant with laws outside of the United States that apply to the collection, security, use, and disclosure of information. Information that is collected or stored in jurisdictions outside of the United States may, subject to applicable law, be disclosed or transferred to the United States or other locations. When information is transferred to the United States, it will be handled in accordance with the laws of the United States.
By using this Website, you agree to the privacy practices described in this Policy and the Terms of Service Agreement (“Agreement”). This Policy shall be taken and considered part of the Agreement as if the Agreement was completely set out therein.
1. INFORMATION WE COLLECT
The Website collects two kinds of information about you: (a) personally identifiable information; and (b) non-personally identifiable information.
a. Personally Identifiable Information. Personally identifiable information is information that identifies you or another person. When you engage in certain activities on the Website, we may ask you to provide certain personal information about yourself, including: (i) your name, address, phone number, country, email address, and other basic contact information; (ii) your preferences, content, access device information, and payment information; (iii) reviews, photographs, videos, and other content; and (iv) communications and other messages, including correspondence between ConvertKit and you.
You may decline to provide personally identifiable information through the Website. However, depending on the activity, some of the information we ask you to provide is mandatory. If you decline to provide the mandatory information for a particular activity that requires it, we may not be able to provide that service to you.
b. Non-Personally Identifiable Information. Non-personally identifiable information is information that does not identify you or another person. Non-personally identifiable information includes: (i) session and usage data; (ii) log data; and (iii) aggregate information.
i. Session and Usage Data. Session and usage data is information about your use of the Website, without limitation, connection and service-related data submitted to us through the use of the Website. Session and usage data includes information relating to the connection request, server communication, and data sharing, including: network measurements; quality of service; time and date of the use of the Website; and upon your consent, your location. We may also aggregate session and usage data as described in the aggregate information section below. Session and usage data does not include any personally identifiable information nor does it include content you may transmit or share through the use of the Website (such as name, address, and calendar appointments).
ii. Log Data. When you interact with us or use the Website, our systems may automatically collect your unique user device number, the IP address, type of browser or operating system you use, and the dates and times of your use.
iii. Aggregate Information. Aggregate information is data we collect about a group or category of services or users from which individual user identities have been removed. In other words, information on how you use the Website, may be collected and combined with information about how others use the Website, but no personally identifiable information will be included in the resulting aggregate information. Aggregate information helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor the Website.
2. HOW WE USE YOUR INFORMATION
a. Personally Identifiable Information. We may use your personally identifiable information to: (i) provide products and services; (ii) resolve disputes, calculate and collect fees, and troubleshoot problems; (iii) verify your identity and the information you provide; (iv) encourage a safe online experience and enforce our policies; (v) customize your experience, analyze usage of the Website, improve and measure interest in our products and services, and inform you about the Website, services, products, and updates; (vi) provide you with information that may affect your use of the Website, the products and services; (vii) communicate marketing and promotional offers; (viii) provide customer service, including receipts; and (ix) perform certain other business activities.
During the course of our business, we may use your personally identifiable information to deliver information to you that is targeted to your interests. Upon receipt of the first communication of this type, you will have the opportunity to opt-out of future communications by clicking on unsubscribe link or by following unsubscribe instructions described within the communication or otherwise notifying us at email@example.com. We may, however, send you messages through email, text message, or other means of communications as part of our services regarding administrative matters, updates, disputes, and customer service issues regarding the products or services, and you will not be able to opt out of receiving such messages.
From time to time, we may implement solutions designed to more efficiently capture your communications preferences. In any such event, we will strive to reflect any previously stated communicated preferences within such solutions.
We may also use your personally identifiable information as we believe necessary or appropriate, in any manner permitted under applicable law, including laws outside your country of residence to: comply with legal process; respond to requests from public and government authorities, including public and government authorities outside your country of residence; enforce our terms and conditions; protect our operations; protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and allow us to pursue available remedies or limit the damages that we may sustain.
b. Non-Personally Identifiable Information. We may use your non-personally identifiable information for any purpose, including, but not limited to, for our own internal purpose to measure traffic patterns; to understand demographics, customer interest, and other trends among our users; to provide, improve, and modify the Website; and for promotion and marketing purposes.
3. HOW WE MAY DISCLOSE YOUR INFORMATION
a. Personally Identifiable Information. We may disclose and you hereby consent to our disclosing of your personally identifiable information to: (i) service providers and others who help with our business operations and assist in the delivery of our products and services including, but not limited to, application development, Website hosting, maintenance, data analysis, infrastructure provision, IT services, customer service, email delivery services, payment processing, marketing, analytics, and enforcement of our Terms of Service Agreement and other agreements; (ii) third parties in the event of an reorganization, merger, sale, debt financing of assets, joint venture, assignment, transfer, or other disposition of all or any portion of our business or assets (including in connection with any insolvency, bankruptcy, receivership, or similar proceeding); (iii) a ConvertKit subsidiary, affiliate, or business partner; (iv) other users of the site to identify you to anyone to whom you send messages or make comments through the Website; (v) persons or entities with whom you consent to have your personally identifiable information shared; (vi) third parties in order to prevent damage to our property (tangible and intangible), for safety reasons, or to collect amounts owed to us; (vii) merchants and payment processors; and (viii) third parties as we believe necessary or appropriate, in any manner permitted under applicable law, including laws outside your country of residence to: comply with legal process; respond to requests from public and government authorities, including public and government authorities outside your country of residence; enforce our Terms of Service Agreement and other agreements; protect our operations; protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and allow us to pursue available remedies or limit the damages that we may sustain.
We will not sell, rent, or lease your personally identifiable information to a third party without your express permission, unless required by law.
b. Non-Personally Identifiable Information. We may disclose non-personally identifiable information for any purpose. Remember, non-personally identifiable information cannot be used to identify you or another person.
4. PUBLIC AREAS AND THIRD-PARTY POSTINGS
We may provide areas on the Website where users can publicly post information about themselves, including, but not limited to, names, photos, designs, comments, messages, and other content. This information may be accessible by other Website users, third-party users, members of the public, and may appear on other websites and in web searches. As a result, this information could be read, collected, and used by others. We do not control or endorse the information posted by third-party users, are not liable for your or third-party posts to the Website, and specifically disclaim any liability resulting from such posts.
5. THIRD PARTIES AND THIRD-PARTY SITES
Upon your consent, the Website may access third-party information through application interfaces. We may provide links to third-party Websites as a service to you. When you click on links of third parties in a Website, you may leave the Website.
This Policy does not cover any collection, use, or disclosure by third parties through any applications, Websites, products, or services that we do NOT control or own, or any third-party features or services made available through the Website. By using the Website, you expressly relieve ConvertKit from any and all liability arising from your use of any third-party website.
The inclusion of a link or accessibility of third-party Websites does not imply endorsement of such third-party Website by us. All trademarks, trade names, and logos of third parties featured on the Website belong to their respective owners.
6. DATA RETENTION
7. USERS UNDER 13 YEARS OF AGE
Our Website is not directed to persons under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact us at firstname.lastname@example.org. We do not knowingly collect personal information from children under the age of 13. If we become aware that a child under the age of 13 has provided us with personal information, we take steps to remove such information. By using this Website, you are representing to us that you are not under the age of 13. If you are under 13 years of age, you are not authorized to use this Website.
8. PRIVACY RIGHTS NOTICE TO CALIFORNIA RESIDENTS
The State of California enacted the Shine the Light law (California Civil Code Section 1798.83) that permits users who are California residents to request certain information regarding the disclosure of certain “personal information” during the past year for marketing purposes. To make such a request, please email us at email@example.com.
9. DO NOT TRACK LAW
California’s Do Not Track Law (Cal. Bus. & Prof. Code §§ 22575-22579) requires us to disclose to you how we respond to web browser “do not track” signals or other mechanisms that provide you the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third-party websites or online services. In addition, the law requires us to disclose whether other parties collect personally identifiable information about your online activities over time and across different websites when you use this Website.
In addition, by visiting the Website, third parties such as AdRoll may place cookies on your browser for targeted advertising purposes. Specifically, the Website collects your IP address, cookie identifiers, and your website activity for the purpose of targeted advertising.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies in the browser settings. If you choose to decline cookies, you may not be able to sign in or use other Website features or services that depend on cookies. If you choose to accept cookies, your browser may allow you to delete cookies that you have accepted at a later date.
To opt out of receiving targeted advertising, please visit www.aboutads.info or www.networkadvertising.org/choices, or for those in Europe, www.youronlinechoices.eu for instructions on how to opt out of targeted advertising.
We employ commercially reasonable security measures to protect your information; however, no system is impenetrable. If you create an account on the Website, you are responsible for protecting the security of your account, its content, and all activities that occur under the account or in connection with the Website. Do not share your private account information with others. You must immediately notify ConvertKit of any unauthorized uses of your account or any other breaches of security.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF INFORMATION, E-MAIL ADDRESSES, REGISTRATION, AND INDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL INFORMATION OR TRADE SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
California privacy laws require that we describe how we will notify users of updates to this Policy. We will notify users of any updates to this Policy by changing the “last updated” notice set forth at the top of this Policy and by requiring users to agree to an updated version of this Policy through a clickwrap or clickthrough agreement on the Website.
By describing how we will notify users of updates to this Policy, ConvertKit is in no way reserving the right to unilaterally amend this Policy. When users purchase a product through this Website, they agree to be legally bound by the Policy and Terms of Service Agreement in effect at that time through a clickwrap or clickthrough agreement. The description in this section of how we notify users of updates to this Policy, and any subsequent updates of this Policy, do not affect the legally binding nature of previous agreements between ConvertKit and users regarding earlier versions of this Policy.
13. CONTACT US
If you have questions or comments about this Policy or our privacy practices, or to report any violations or abuse of the Website, please contact us at firstname.lastname@example.org.