Privacy policy

General

Jericho and its employees engaged with the SmartMail software applications and services respect the privacy needs of our clients and the recipients of any emails sent and received. We do not share with third parties any information on any client or individual and we respect all information contained in our email software and related delivery engines as being confidential.

We will not sell, rent, loan or allow external access to a client’s email contact list. Nor will we use our clients email contact lists for any purpose other than those agreed to in writing.

Maintaining privacy of our clients email contact lists information is of paramount importance to us as it fosters confidence, goodwill and good relationships with our clients and their customers who receive emails using SmartMail software.

This Privacy Policy outlines what specific information is gathered by SmartMail Software and how that information is used.

Licensor Privacy Policy

Jericho's clients who use SmartMail software for sending emails are (Licensees) of SmartMail software and as such have agreed that the Licensor (jericho Ltd) and its affiliates may collect and retain information about the Licensee, including contact names and company details plus archive files of all email marketing campaigns and related services utilising the software and the associated email marketing service.

The Licensor employs other companies and individuals to perform functions on its behalf. Examples include monitoring customer email campaign sends, editing and or deleting email content and or custom data information from customer lists, analysing data, providing marketing assistance, processing payments, and providing customer service. The Licensor and its affiliates have access to personal information needed to perform these functions, but may not use it for any other purposes.

During and after the termination of the Smartmail account the Licensor must:

A                 keep all confidential information strictly confidential and not disclose it to any third party without the Licensee’s prior written consent;      

B                 only disclose confidential information to those of its officers, employees or contractors who need to know and who have been expressly directed to and have agreed to keep that information confidential; 

C                 put in place and maintain adequate security measures to protect confidential information from unauthorised access or use;

D
                immediately notify the Licensee of any suspected or actual unauthorised use, copying or disclosure of confidential information, and provide assistance as reasonably required by the Licensee in relation to any steps or proceedings the Licensee may take as a result;

E                 only use confidential information for the purposes of performing its obligations under this Agreement;

F                 immediately notify the Licensee if it is required by law to disclose any confidential information and provide assistance as reasonably required by the Licensee if it wishes to defend or resist that requirement; and

G                on request by the Licensee at any time, immediately return to the Licensee or permanently delete or destroy, as the Licensee directs, all copies or records of confidential information in the Licensor’s possession or control.   

Confidential information means all information (in any form whatsoever) that is treated or designated by the Licensee as confidential, which is not generally known to persons other than Licensee personnel or which should be reasonably regarded in all circumstances as confidential to the Licensee (including its affiliates). Confidential information includes (without limitation) information relating to the Licensee’s technical and computer operations, staff, business dealings, contracts, customers, marketing, sales and business plans, financial data and other sensitive corporate information.

The above confidentiality obligations do not apply to information that is or becomes legally in the public domain, is legally obtained from a third party or is required to be disclosed by law.

Collection and Use of Information

Our clients use SmartMail software to send their own customers and known prospects information that known email recipients have requested. SmartMail allows recipients to select to receive, or not receive, certain information from SmartMail clients and adheres strictly to permission-based email policy. Jericho or their clients will not send recipients unsolicited email information, or commercial offers and advertisements. All emails that recipients have requested will include an option to unsubscribe. Unsubscribe requests are fulfilled promptly and no further communications will be sent to recipients who have stated that they do not wish to receive the specified information.

Recipient’s personal information is stored in our databases and is based on their historical relationship with our clients products and services. The recipients personal information may be transferred to us from another company in order to send emails that recipients have requested. Financial information that is collected is used to verify recipients identity, to pay for a product or service, or to invoice either them or our clients company for products and services used. Recipients demographic and profile information is used to optimize any requested email communications, and to display information that is more relevant to the recipient. At any time the recipient may request to access their personal information with a view to updating it or removing it.

Information by Third Parties

Our Clients.  We pass on to our clients the privacy preferences recipients of our clients email campaigns have expressed from an email they have responded to. For example, if a recipient has asked to be added to our clients email mailing list, we will pass on that information. If a recipient has unsubscribed from our clients email mailing list, we will also pass on that information.

Our Providers.  We employ other companies to provide services to us or on our behalf to carry out specific functions such as processing payments, detecting and preventing fraud, hardware to send email, provide customer service, or analyze various clickthrough data and recipient behaviour. These companies are required by contract to use the personal information we share with them only to perform services to us or on our behalf and to protect the confidentiality of personal information.

Specific Privacy Notice.  We may share specific personal information as disclosed in a specific Privacy Notice by a SmartMail client and posted on their web site where the recipient provided that information.

Legal Compliance and Disclosure.  We may be required under legal request to disclose the personal information we collect without notifying the recipient when we, in good faith, believe disclosure is appropriate to comply with the law or a regulatory requirement; to comply with a court order; to cooperate with law enforcement or other government investigation into a possible crime; to enforce a contract; to protect the legal rights, property or safety of our employees or agents. We also reserve the right to report to the appropriate law enforcement or government agencies any activities that we, in good faith, believe to be unlawful without providing notice to our clients.

Information Updates.  We maintain the accuracy and integrity of all personal information held in our databases and keep that information up-to-date. We provide all recipients of emails sent using SmartMail software access to their personal information as required by applicable law, so that recipients can correct inaccuracies or update their personal information.

If you would like to review, correct or change your personal information, please contact us by e-mail at privacy@smartmail.co.nz

For your protection, we may ask you for additional information to verify your identity. In most cases, we will provide you with the access you have requested and or correct or delete any inaccurate personal information.

We reserve the right, however, to limit or deny your request to the extent permitted by applicable law if the disclosure either may harm the property and the rights of third parties, or lead to a breach of applicable law and regulation, and or where you have failed to provide sufficient evidence to verify your identity.

Privacy Policy Changes

We reserve the right to update or modify this Privacy Policy, at any time and without prior notice, by posting the revised version of this Privacy Policy on this website. These changes will only apply to personal information we collect after we have posted the revised Privacy Policy.

Credit Card Information

We allow our clients to purchase our email marketing services in a variety of ways. When credit card billing is chosen, information is transferred using industry-leading, secure transmission technology including SSL and HTTPS (the transmission standard used for transactions by major financial institutions). The information is then encrypted using Data Encryption and stored securely to handle your transactions.

Governing Law

Both Jericho and our clients acknowledge that SmartMail software and its associated email marketing service is subject to New Zealand law and in most cases applicable international laws that apply to email marketing and as these laws relate to our clients use of SmartMail software to send email campaigns to recipients who live outside of New Zealand.

The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

If, at any time, you have questions or concerns about our privacy practices, please feel free contact us at privacy@smartmail.co.nz