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Terms and Conditions

Sailthru Industry Best Practices Notice

Sailthru, Inc. ("Sailthru" or "we") has a no tolerance spam policy. "Spam" means unsolicited communication to persons with whom client does not have a business relationship or who have not specifically requested (opted-in to) Customer’s mailing.

A client’s account will be terminated if such client sends Spam. Please contact us immediately to report any suspected abuse. Please forward the complete email in question, including headers. If applicable, please also unsubscribe from the newsletter using the link at the bottom of the email if you no longer wish to receive emails from the sender. We will take the appropriate action against the sender of the email in question.

All users of our Service must agree to only sending permission-based email. This means that all recipients sent to must have opted-in to receive communications from the sending organization. The opt-in process requires that a potential user actively selects the products or services they are interested in and wish to subscribe to.

An opt-in can occur either via a sign-up form on client’s web site, at a point-of-sale sign-up form, or on a physical sign-up sheet. Purchased lists may not be used within the Sailthru system, regardless of the source or permission status.

As a user of Sailthru’s services, you may not:

  • harvest emails from web sites
  • purchase lists (whether they are opt-in or not)
  • rent lists
  • borrow or lend lists
  • have a subscription form that subscribes users to an unrelated list
  • send out unrelated offers or unrelated content to your newsletter list
  • add an email address into a list without the subscriber’s permission

You may:

  • send out a regular newsletter to a recipient who has opted-in to receive it
  • send out information and content to recipients who have requested to receive content on that topic from your organization
  • send out user triggered emails that result from actions carried out on your website
Policy Enforcement

Sailthru has a no tolerance Spam policy. The strict measures we take to enforce our policy include, but are not limited to:

We monitor use of the system for any large increases in sending emails
  • We utilize a content-checking utility to screen and flag any message that contains words common to unsolicited emails.
  • A record is saved of every email that is sent through the system.
  • Any customer found to be using Sailthru’s services for Spam will be immediately cut-off from use of the services.
  • We maintain the IP address and date subscribed for every new subscriber.
  • Every email, whether text or HTML, contains a mandatory unsubscribe/opt-out link at the bottom of the message. This unsubscribe link cannot be removed.
Procedure for Handling Complaints

Your account will be immediately terminated if we determine in our sole discretion that you send Spam. We provide our product only to those who follow our strict Anti-Spam Policy. Using the system to send out emails to addresses obtained in any way other than a subscriber opting-in to your list may incur a $100 (US) charge per substantiated incident (i.e. per email) in accordance with state and federal regulations. If you cannot provide proof that these addresses were subscribed to the list, lack of proof is also considered a 'substantiated incident' and will incur a $100.00 (US) charge per incident.

To determine whether you have sent spam we will:

  • review the content of the message in question
  • review your subscriber list for patterns common to harvested lists
  • review the Spam complaint
  • view the records to see when the subscriber was subscribed and their IP address

For more information visit spamlaws.com.

Cookies and Other Technologies Used by Sailthru

Like many companies, we use cookies and other technologies on our Site and through our Service. Also, by using the Service, you agree that we can place cookies on your device, mobile platform or website as described in our Privacy Statement and this Cookie Notice.

What We Do

Sailthru partners with its Account Holders to analyze traffic and other end user activity on behalf of such Account Holders to improve their visitors’and subscribers’ experiences. Sailthru usescookies, web beacons, Javascript and other technology on its Account Holders’ sites, on the Site and if you receive an email from us or through our Service. If you are a subscriber to one of our Account Holders, we rely on your subscription and the Account Holder’s privacy practices to provide the Service. If you don’t want your browser data to be collected by Sailthru when you visit sites that use Sailthru, you can see the section below entitled "How to Control Cookies".

Sailthru may use web server log files and tracking technologies to collect and analyze certain types of technical information, such as cookies, IP addresses, device type and usage information including time spent on particular pages or number of clicks.

Sailthru’s Use of Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use both session ID cookies and persistent cookies on our Site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. If you wish to deactivate cookies while visiting our Site during your browsing session, please see "How to Control Cookies" below. Please note that you may need to erase all cookies that have already been placed on your computer in order to delete the Sailthru cookie.

We sometimes enter into partnerships or hire service providers to help us with our Site and advertise our products and services. The use of cookies by these partners and service providers is not covered by our Privacy Statement or Cookie Statement. We do not have access or control over these cookies. In addition, we may provide information to such partners and/ or service providers about how our visitors use our Site. We share this type of statistical data so that our partners and service providers also understand how people use our Site. Our third party partners and service providers employ images and scripts that help them better manage content on our Site.

How to Control Cookies

The "help" portion of the toolbar on the majority of browsers will direct users 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 or delete cookies. If you are a user, we strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of web business services like ours. All of our Account Holders must certify that their subscribers have opted-in to receive services; therefore, by disabling cookies you cannot take advantage of your subscriptions and their most attractive features. Some cookies serve an essential function and the websites cannot work properly without them. Where such essential cookies are used, they cannot be disabled.

For more detailed information on how to control cookies you may wish to visit www.allaboutcookies.org

Sailthru’s Use of Web Beacons

We may also use tracking technologies called web beacons to collect information about your visit to the Service. These are small images or Javascriptembedded in web content and HTML-formatted email messages and are ordinarily not visible to users. Like cookies, this technology enables us to track pages and content accessed and viewed by users of the Service. Also, when we send HTML-formatted (as opposed to plain text) emails to you, this technology may be embedded in such emails. Using web beacons allows us to determine whether emails have been opened or links were accessed, and identify aggregate trends, individual usage, and generate statistics about how our Service is used. This enables us to provide you with more relevant content or additional information about our products and services.

Web beacons also allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons enable the ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.

Web beacons are often used in combination with cookies; however unlike cookies, web beacons cannot be declined when delivered via a regular web page. However, they can be refused when delivered via email. If you do not wish to receive this technology via email, configure your email software to disable HTML images or refuse HTML emails (selecting the option for text only viewing). Setting your browser to decline cookies or to prompt you for an opt-in response before cookies are set will also reduce web beacons' functionality.

Sailthru uses Third Party Services includingGoogle Analytics, to collect information about how visitors use the Site in order to optimize visitor experiences. Google Analytics uses web beacons and cookies in order totrack visitor page views and clicks within pages, length of time spent on our Site, and the search term or referring site that brought a visitor to our Site.

Defined Terms

All defined terms used in this Cookie Notice shall have the meaning ascribed to them in our Privacy Statement located at http://sailthru.com/legal.

Privacy Statement

Introduction

Sailthru, Inc. (“Sailthru,” “we,” “us,” “our”) has created this privacy statement to demonstrate our firm commitment to privacy and the protection of sensitiveinformation (“Privacy Statement”). This Privacy Statement describes the policies and procedures applicable to the collection, use and disclosure of information collected on our website http://www.sailthru.com (the “Site”) as well as through email service and our service platform https://my.sailthru.com (collectively with the Site, the “Service”). We receive information about you from various sources, including: (i) if you register for the Service (your “Account”); (ii) email and your use of the Service generally; (iii) from third party websites and services who have an Account with us; (iv) your browser if you visit the Site; and (iv) from third party websites and services who provide services to us. When you use the Service, you are consenting to the collection, transfer, analysis, storage, disclosure and other uses of your information as described in this Privacy Statement.

This Privacy Statement also covers the treatment of personally identifiable information (“Personal Information”) gathered when you are using or accessing the Service and our treatment of any Personal Information that our business partners share with us or that we share with our business partners.

This Privacy Statement does not apply to the practices of third parties that we do not own or control or do business with, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through the Service, or to persons that we do not employ or manage. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy statements of those Third Party Services. We encourage you to carefully review the privacy statements of any Third Party Services you access.

EU and Swiss Safe Harbor

Sailthru complies with the U.S.–E.U. Safe Harbor framework and the U.S.--Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Sailthru has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Sailthru’s certification, please visit http://www.export.gov/safeharbor/.

Information Collected by Sailthru and How We Use It

The information we collect enables us to personalize, improve and continue to operate the Service. In connection with certain aspects of the Service, we may request, collect and/or display some of your Personal Information.

We collect the following types of information from visitors to our Site, Account Holders (defined below)and their visitors or subscribers:

Visitors to our Site

Visitors to our Site are not required to submit their information or register for an Account. However, when you inquire about our services, post a comment to our blog, or apply for employment with us, you may provide information that could be Personal Information such as your name, email address, phone number, physical address, company information and work history. You acknowledge that this information may be personal to you, and by engaging in the aforementioned activities and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use this information to respond to your requests, send you email communications, or enable you to use features on our Site.We also collect statistical information about how both visitors and registered users, collectively, use the Service (“Aggregate Information”). Some of this information is derived from Personal Information. Please visit our Cookie Statement for more information on the technologies we use on the Site.

Account Holders

In order for you to view our Site, you are not required to register; however, you must register to take advantage of the Service. To register, you must create an Account which requires you to provide information that could be Personal Information, such as your email address, a username and password, and information about your business, including billinginformation (the treatment of which is described below) (all registrants are deemed "Account Holders"). Once you become an Account Holder, we will ask you for your list of subscriber names and email addresses ("Subscriber Data").You acknowledge that this information may be personal to you, and by creating an Account and providing Personal Information and Subscriber Data to us, you allow us and our partners or service providers to identify you and your subscribers. We receive and store on our servers any information you enter on the Service or provide to us in any other way. Account Holder data and Subscriber Datais used for such purposes such as delivering the Service, responding to your requests for services, onboarding, support to your account and communicating with you about new products and services. This information is stored on our servers. Only an authorized representative of an Account Holder may access its Account Holder data or Subscriber Data and we will not rent, sublicense or sell Account Holder data or Subscriber Datawithout authorization from the Account Holder. Sailthruwill use Subscriber Data solely toprovide the Service, such as submitting email communications to your list of subscribers on your behalf (as discussed in the section on Email Communications below).

An Account Holder’s payment method (such as valid credit card number, type, expiration date or other financial information) may be collected and stored by our third party payment processing company (the “Payment Processor”), and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy statement.

Subscribers; Visitors to Account Holder’s Website

Sailthru offers its Account Holders an email monitoring and delivery service and an email authentication service. On behalf of our Account Holders, we send out emails with news and/ or promotions, transaction receipts or account information. We receive a confirmation when each Account Holder’s subscriber opens an email from Sailthru. In addition, our Service allows us to collect inferred data about the subscriber, which allows us to, among other things, personalize our Account Holder’s emails and personalize the subscriber’s or visitor’s experience while browsing the Account Holder’s website or applications.

We also provide a content slider for certain of our Account Holders. The content slider does not install code on a subscriber’s or visitor’s computer nor does itattempt to contact the individual. If you wish to temporarily disable the slider, simply press the “x” button located in the content slider.

Cookies and Other Technologies

We and our partners may use cookies and other technologies on our Site, platform, and as part of the Service. To learn more about the use of these technologies, please click here.

Disclosure of Information

The information obtained from visitors to our Site, our Account Holders, and their visitors and subscribers is an integral part of our business. Except as described below, we neither rent nor sell your Personal Information or the Subscriber Data of our Account Holders to anyone. We share the information we collect only as described within this Privacy Statement.

We may share your information:

  • to other agents or service providers to perform tasks on our behalf. Examples include analyzing data, providing marketing assistance, and providing customer service. Unless we tell you differently, our agents do not have any right to use the personal information we share with them beyond what is necessary to assist us.
  • as required by law, such as to comply with a subpoena, or similar legal process.
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
  • to any other third party with your prior consent to do so.

In some cases, we may choose to buy or sell assets. In these types of transactions, Personal Information and Subscriber Data may be the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, Personal Information and Subscriber Data would be assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information and Subscriber Data as set forth in this Privacy Statement.

Email Communications

If you do not wish to receive emails from Sailthru, please follow the unsubscribe instructions included in each communication or contact us at privacy@sailthru.com.

Access to Information

Visitors to our Site and Account Holders

Visitors to our Site can access and delete cookies through their web browser settings. If your Personal Information changes, you may correct, update, delete, or ask to have it removed from our blog by contacting us via one of the methods listed below. Account Holders may be able to make these changes within their account settings. When you update information, however, we often maintain a copy of the unrevised information in our records. You may request deletion of your Account by sending an email to support@sailthru.com. Please note that some information may remain in our records after deletion of your Account. 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. We will respond to your request to access within 30 days.

Subscribers

Sailthru has no direct relationship with the Account Holder’s subscribers whose data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to Sailthru’s Account Holder (the data controller). If the Account Holder requests Sailthru to remove the data, we will respond to their request within 30 business days.

California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Privacy Officer, Sailthru, 160 Varick St., 12th floor New York, NY 10013.

Data Retention

Sailthru will retain the data we collect on our Site, the data we collect through our Service, and the data we process on behalf of our Account Holders for as long as needed to provide our Services. Sailthru will retain and use this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Personally Identifiable Information

Sailthru defines "personally identifiable information" to mean non-public, unencrypted data that identifies an individual. The definition of what is personally identifiable information varies depending on the laws of the state or country in which you reside.

Information Your Subscribers Might Want to Know:

We may obtain Personal Information from our Account Holders and their subscribers. Sailthru only discloses Personal Information to Account Holders who engage Sailthru to process data on their behalf and have received the appropriate consent. Due to the global nature of services provided by Sailthru, the Personal Information you provide may be transmitted, used, stored and otherwise processed outside of the country where you submitted that information, including jurisdictions that may not have data privacy laws that provide equivalent protection to such laws in your home country.

Security Technology

We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. If you enter Personal Information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, follow this link: http://www.thawte.com/resources/ssl-information-center/get-started-with-ssl/index.html. No method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee its absolute security.

Liability Limitation

In no case whatsoever will Sailthru’s liability exceed the amount of monies paid for services nor will Sailthru be liable for indirect, special, or consequential damages of any kind to any party.

Other Information

Information We Share With Your Consent

Except as set forth above, you will be notified when your Personal Information may be shared with any other third party, and you will be able to prevent the sharing of this information.

Links to Third Party Sites

The Serviceinclude links to other websites whose privacy practices may differ from those of Sailthru. If you submit any of your own data to any of those sites, your data is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.

Blog

Our website offers publicly accessible blogs. You should be aware that any information you provide in these areas may be read, collected, used and disclosed by others who access that information, and search engines may index that information.

Testimonials

With your consent we may post your testimonial along with your name. You can request the deletion of your testimonial by contacting us via one of the methods listed below.

Co-branded sites

Some pages, such as our employment application pages, may have the look and feel of being on the Sailthru Site. However, the information collected on these pages may be shared and processed by our service provider. All information collected on www.sailthru.com is owned and controlled by us.

Social Media Widgets

Our website includes social media features, such as the Facebook Like button. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social media features are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy statement and terms of use of the company providing it.

Single Sign-On

You can log in to our site using an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like these give you the option to post information about your activities on this website to your profile page to share with others within your network.

Privacy Statement Changes

If this privacy statement changes in the future, we will provide notice by posting such notice on the Site. By continuing to use the Site and the Service after such notice has been posted, you will be deemed to have accepted the changes. If you do not agree to the changes, you have the option to terminate your account and have your data removed from our system. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a prominent notice within our Site or Service prior to the change becoming effective.

Contact Us

Phone: 877-812-8689

Email: support@sailthru.com

Mail: 160 Varick St., 12th floor New York, NY 10013

Sailthru participates in the EU and Swiss Safe Harbor Privacy Framework as set forth by the United States Department of Commerce. As part of our participation in the safe harbor, we have agreed to TRUSTe dispute resolution for disputes relating to our compliance with the Safe Harbor Privacy Framework. If you have any complaints regarding our compliance with the Safe Harbor you should first contact us (as provided above). If contacting us does not resolve your complaint, you may raise your complaint with TRUSTe by Internet here, fax to 415-520-3420, or mail to TRUSTe Safe Harbor Compliance Dept., click for mailing address. If you are faxing or mailing TRUSTe to lodge a complaint, you must include the following information: the name of company, the alleged privacy violation, your contact information, and whether you would like the particulars of your complaint shared with the company. For information about TRUSTe or the operation of TRUSTe's dispute resolution process, click here or request this information from TRUSTe at any of the addresses listed above.

Privacy Statement Last Updated

December 10, 2013

What did we change?

We last updated our Privacy Statement and Cookie Statement on December 10, 2013. We made changes to reflect our use of third party advertising and marketing services that drive traffic to our Site and display ads to visitors of our Sitewhen they visit other websites.

We also attempted to make the Cookie Statement and Privacy Statement a little easier to read and to provide some more transparency into our practices, particularly about who we share information with and how we collect it.

Prohibited Content Policy

Sailthru prohibits the use of the Services by any client that engages in any of the following:

  • Provides, sells or offers to sell the following products or content (or services related to the same): pornography; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons
  • Provides, lends, sells, or offers to sell or rents any mailing list
  • Displays material that exploits children, or otherwise exploits children under 18 years of age
  • Posts or discloses any personally identifying information or private information about children
  • Provides material that is abusive, offensive, bigoted, prejudiced, racist, hateful, profane, obscene, lewd, lascivious, filthy, sexually explicit, violent, harassing, fraudulent, deceptive, misleading or otherwise objectionable or illegal content
  • Violates the copyright, trademark, patent, trade secret, intellectual property or other rights of another
  • Sells or promotes any products or services that are unlawful in the location at which the content is posted or received
  • Introduces viruses, worms, harmful code and/or Trojan horses on the Internet
  • Promotes, solicits or participates in pyramid schemes
  • Engages in any libelous, defamatory, scandalous, threatening, harassing activity
  • Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
  • As always, sending unsolicited commercial email is FORBIDDEN. Sailthru reserves the right to prohibit the use of the Services by any client at its sole discretion.

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