Privacy Policy

Effective Date: March, 27, 2020

Welcome! You have arrived at www.wisyl.com, which is owned and operated by Wisyl Inc. ("Wisyl"). This Wisyl Privacy Policy (the "Privacy Policy") is related to your use of Wisyl’s electronic communications management services and the online platform that enables and facilitates the services (referred to collectively as the "Services"). Throughout this Privacy Policy, the words "we", "us", and "our" refer to Wisyl and the words "you" and "your" refer to the user interacting with the Services. This Privacy Policy applies to information that we collect and handle from subscribers who have requested receipt of electronic communications through the Services and have registered for the Services ("Subscribers") and from organizations desiring to use the Services to direct communications to such Subscribers ("Publishers"). This Privacy Policy does not apply to our data collection activities offline or otherwise outside of the Services (unless otherwise stated below). Please review the appropriate License Agreement and User Agreement, which govern your use of the Services.

By accessing and using the Services, you consent to our collection, use, and sharing of your information and data, and other activities as described below.

1. What Information Do the Services Collect?

(a) Information We Collect About You

We may obtain information that can reasonably be used to identify an individual ("Personal Information") in the form of: (i) information provided during the Services online registration process, which might include your name, company name, email address, phone number, billing address, credit card information, geographic location, and industry; (ii) Personal Information you provide when you contact us, and (iii) Personal Information you provide when you otherwise interact with the Services. We also may obtain Personal Information provided by Publishers about prospective subscribers, pursuant to permission obtained by Publishers, which we use to reach out to prospective subscribers. If a prospective subscriber chooses not to register to use the Services, we will not use or share any Personal Information relating to the prospective subscriber.

We may obtain from Publishers: (i) subscriber information, which might include Personal Information ("Subscriber Information", and, together with Personal Information, "User Information"), and (ii) the username and password for any email account used by a Publisher to provide any Subscriber Information in connection with use of the Services.

(b) Information Collected or Stored as You Access and Use the Services

In addition to any information, including User Information, that we receive as described above, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you interact with the Services ("Usage Information"). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone, or other device (a "Device") whenever you interact with the Services. To the extent we associate Usage Information with User Information we collect directly from you through the Services, we will treat it as User Information.

This Usage Information may include:

• your IP address, UDID or other unique identifier ("Device Identifier"). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier;
• your Device functionality (including browser, operating system, hardware, mobile network information);
• the URL that referred you to the Services;
• the areas within the Services that you visit and your activities there, including remembering you and your preferences;
• your Device location;
• your Device characteristics; and
• certain other Device data, including the time of day, among other information.

Tracking Technologies. We may use various methods and technologies to store or collect Usage Information ("Tracking Technologies"). Tracking Technologies may set, change, alter, or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):

Cookies. A cookie is a data file placed on a Device when it is used to visit the Services. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built into or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage.

Web Beacons. Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in the Services’ pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Services, to monitor how users navigate the Services, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.

Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification.

ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner, ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.

Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices in the same user).

Tracking Technologies Usage. We may use Tracking Technologies for a variety of purposes, including:

Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access the Services, including cookies required to prevent fraudulent activity and improve security.

Performance-Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Services, including as part of our analytic practices or otherwise to improve the content, products, or services offered through the Services.

Functionality-Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Services, including identifying you when you sign-in to the Services or keeping track of our specified preferences, including in terms of the presentation of content on the Services.

Targeting-Related. We may use Tracking Technologies to deliver content relevant to your interests on the Services and third-party websites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you.

Tracking Technologies Choices and Consent

We obtain your consent to our information storage or collection of Tracking Technologies by providing you with transparent information in our Privacy Policy and providing you with the opportunity to make a choice to disable cookies as set forth above. Please note that we are not required to obtain your consent to the information collection Tracking Technologies identified above that are strictly necessary.

We are giving you detailed notice of the Tracking Technologies and your limited choices regarding them so that your consent is meaningfully informed.

Third Party Tracking and "Do Not Track"

There may be other Tracking Technologies now and later devised and used by us in connection with the Services. Further, third parties may use Tracking Technologies in connection with the Services, which may include the collection of information about your online activities over time and across third-party websites or online services. We may not control those Tracking Technologies and we are not responsible for them. However, you consent to potentially encountering third-party Tracking Technologies in connection with use of our Services and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties. Also, various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.

(c) Information Third Parties Provide About You

We may, from time to time, supplement the information we collect directly from you through the Services with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from those sources with your User Information we collect through the Services, it will be treated as User Information and we will apply this Privacy Policy to such combined information, unless we have disclosed otherwise. In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties, even if they have used our technology to collect it and share it with us.

(d) Interactions with Third-Party Websites

The Services may include functionality that allows certain kinds of interactions between the Services and a third-party website or application. The use of this functionality may involve the third-party operator providing certain information, including User Information, to us. For example, when you register with the Services, you may have an option to use your Facebook, Google, or other account provided by a third-party website or application to facilitate the registration and log-in or transaction process through the Services, or otherwise link accounts. If we offer, and you choose to use, this functionality to access or use the Services, the third-party website or application may send User Information about you to us. If so, we will then treat it as User Information under this Privacy Policy, since we are collecting it as a result of your accessing of and interaction with our Services. In addition, we may provide third-party websites’ interfaces or links through the Services to facilitate your sending a communication from the Services. For example, we may use third parties to facilitate emails, tweets, or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy. We may not control or have access to your communications through these third parties. Further, when you use third-party websites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on the Services.

2. How Do We Use the Information Collected?

Generally. We may use your User Information or Usage Information that we collect about you: (1) to provide you with information or services or to process transactions that you have requested or agreed to receive including providing general information about our services in response to a request submitted online; (2) to provide you with information about new product or service offerings on an ongoing basis, unless you opt out of receiving such messages; (3) to enable you to participate in a variety of the Services’ features; (4) to send promotional or marketing messages to you on behalf of the other businesses or organizations; (5) to process your account inquiry, including verifying your information is active and valid; (6) to improve the Services, to create new service offerings, to customize your experience on the Services, or to serve you specific content that is most relevant to you; (7) to contact you with regard to your use of any of the Services, and, in our discretion, changes to the Services and/or any of the Services’ policies; (8) for internal business purposes; and (9) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

Contact Us. Please note that information submitted to the Services via a "contact us" or other similar customer inquiry function may not receive a response.

3. How and When Do We Share Information with Third Parties?

We acknowledge your ownership rights in your Personal Information. We will never sell or rent your Personal Information to anyone without your permission and will never use your Personal Information for any purpose other than as described here or to carry out the Services as specified in any Services user agreement that you agree to.

We will not share Personal Information with third parties for direct marketing purposes. We may, however, share non-Personal Information, such as aggregated user statistics and browsing behavior information, with third parties. We may share the information we have collected, including Personal Information, as disclosed at the time you provide the information and as described or otherwise in this Privacy Policy. We may also disclose Personal Information as follows:

(a) When You Request Information from or Provide Information to Third Parties

You may be presented with an option through the Services to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your User Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.

(b) Third Parties Providing Services on Our Behalf

We may use third-party vendors to perform certain services on behalf of us or the Services, such as hosting the online platform, designing and/or operating the online platform’s features, tracking the online platform’s activities and analytics, and enabling us to send you special offers or perform other administrative services. We may provide these vendors with access to User information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to User Information. We are not responsible for those third-party technologies or activities arising out of them, nor are we responsible for the effectiveness of or compliance with any third parties’ opt-out options.

(c) To Protect the Rights of Wisyl Inc. and Others

To the fullest extent permitted by applicable law, we may also disclose User Information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend our rights, safety, or property or the rights, safety, or property of third parties (including through the enforcement of this Privacy Policy, our Services End User Agreement, our Service License Agreement, or other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders). To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.

(d) Affiliates and Business Transfer

We may share User Information with our parents, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Services; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

4. What About Information I Disclose Publicly or to Others?

The Services may permit you to submit text, ideas, photographs, user profiles, writings, pictures, data, questions, comments, suggestions, or other content, including User Information (collectively, "User Content"). We or others may store, display, reproduce, publish, distribute, or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including User Information, in connection with your User Content. Please note that we do not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Services or what others do with information you share with them on the Services. We are not responsible for the accuracy, use, or misuse of any User Content that you disclose or receive from third parties through the Services.

5. Does Third-Party Content or Links to Third-Party Websites Appear on the Services?

The Services may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier. In addition, when you use the Services you may be directed to other services that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services, and they may be tracking you across multiple websites and may be sharing the results of that tracking with us and/or others. For example, if you "click" on a link, the "click" may take you onto a different website. These other websites may associate their Tracking Technologies with you, independently collect data about you or others, including User Information, and may or may not have their own published privacy policies. We encourage you to note when you leave the Services and to review the third-party privacy policies of all third-party websites and exercise caution in connection with them.

6. How Can You Change Your Information and Communications Preferences?

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Services may allow you to review, correct, or update User Information you have provided through registration forms or otherwise, and you may provide registration updates and changes by contacting us. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your User Information or change your preferences, information that you remove may persist internally for our administrative purposes. You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional messages or in some cases by logging into your Services account and changing your communication preferences. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of messages the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of the Services, such as administrative and service announcements, and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications. If you have any questions about the Privacy Policy, practices described in it, or would like to request that your information be deleted you should contact us at privacy@wisyl.com.

7. What About Transfers of Information to the United States?

The Services are operated in the United States. If you are located outside of the United States, please be aware that information we collect, including User Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your User Information may be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. By using the Services or providing us with any information, you consent to the transfer to, and processing, usage, sharing, and storage of, your information, including User Information, in the United States as set forth in this Privacy Policy.

8. What Should Parents Know About Children?

We understand the importance of protecting children’s privacy in the interactive world. We do not use the Services to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the Children’s Online Privacy Protection Act ("COPPA") without such parental consent.

In the event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with personal information without COPPA-required consent, please contact us at privacy@wisyl.com.

9. What About Security?

We endeavor to incorporate commercially reasonable safeguards to help protect and secure User Information. However, no data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use the Services and provide us with your information at your own risk.

10. What About Changes to the Privacy Policy?

We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of the Services indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected User Information in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.