CUSTOMER CONTACT DATA NOTICE

 

Last modified: March 27, 2024


About Constant Contact

Constant Contact, Inc. (together with its subsidiaries, “Constant Contact”, “us” or “we”) offers its customers a range of services, including email and digital marketing services and lead generation and customer relationship management services. We are a service provider to our customers, most of whom are small businesses and non-profits. Our products and services help our customers design and send email newsletters, share them on social networks, manage lists of contacts and marketing preferences, and track email campaign results. We analyze that information and send communications to customers’ contacts only at the direction of the customer who provided the information, and only on that customer’s behalf. We do not have a direct relationship with the recipients of our customers’ emails (“Contacts'' or “you”).

We require our customers, including the sender of the email you received, to use our platform only for permission-based marketing, in compliance with our Acceptable Use Policy. If you believe you have received unwanted, unsolicited messages sent through our platform (or seemingly sent through our platform), please forward a copy of that message with your comments for review to one of the following: for email and digital marketing services to abuse@constantcontact.com; and for lead generation and customer relationship management services to crm-abuse@constantcontact.com.



Collection of Customers’ Contact Data

Contact Data Provided by our Customers

Our customers upload lists of their contacts, including their email addresses, names, and other contact data, into their Constant Contact account in order to use our products. We may also collect our customers’ contacts’ demographic data, shopping histories and details about such contacts’ interactions with marketing communication. Our customers then use our platform and technology to send email campaigns to people on their contact lists. Our customers are required to obtain permission before adding an email address to their lists. Constant Contact does not share contact lists uploaded by a customer with any of its other customers, nor do we email to our customers’ contact lists for our own purposes.

Contact Data Provided by You 

Constant Contact will have your email address and other contact data under the following circumstances:

  • If you sign up to receive emails from one or more of our customers, including by means of a sign-up form or link;

  • If you register for an event held by one of our customers; or

  • If you otherwise submit your email address to our customer by means of a product or service offered by Constant Contact.


Constant Contact also receives information directly from you when you interact with an email marketing campaign or other Constant Contact product that our customers may use as part of the services we provide to them, including when you sign up to our customers’ email lists. We hold any data received as part of campaigns on behalf of our customer, and as such you need to contact our customer if you have any questions.


Email campaigns sent from our platform may include a web beacon that allows us to determine, on behalf of our customers, if you open an email, as well as the email delivery status and your geographic location. Email campaigns may also contain other tracking technology that allows us to determine what you click on in an email and if you unsubscribe or change your subscription preferences. This web beacon and other tracking technologies also allow us to collect log data, including your IP address, browser type and version. We share information about email delivery, email opens, email clicks, and subscription preferences, as well as aggregated information about browser types, with our customers so they can optimize their campaigns, customize offerings to you, understand your level of engagement with them and any other uses the customer describes in its online privacy policy.

Please note that web beacons may be refused when delivered via email by disabling HTML images or refusing HTML (select “Text Only”) emails via your email software. Other tracking technologies used in our email campaigns are only activated when you click on a link in an email or otherwise interact with content in an email, and you may opt out of such data collection by not interacting with emails sent from our platform.

We may also collect data about the devices that are used to access our customers’ websites including IP address, type of operating system and the content that is viewed on our customers’ websites and how users navigate between our customers’ webpages.

We (or another third party) may also set a cookie on your browser when you access an event registration form, donation form, coupon, or similar website from a customer’s email in order to better track visitors to such website. For more information on how to manage cookies in your web browser, visit http://www.allaboutcookies.org.



Use and Sharing of Customers’ Contact Data 

We will never email our customers’ lists of contacts for our own purposes. We provide information we collect about your interaction with the email that was sent using our products to our customers and use it on behalf of our customers to provide our products and services, to improve our products and services, and in connection with our security and compliance programs.

We may share your information with service providers who develop certain features and functionality that integrate with our products, provided that such sharing is authorized by our customers. This allows us to make certain features of our services available to Constant Contact customers. We impose obligations on our service providers to ensure they use data in a manner consistent with our use and consistent with applicable privacy laws.

We may also disclose your personal information as required by law, such as to comply with a subpoena or other legal process.

We are located in, and store and process your information in, the United States, although we may use service providers outside the United States. When we transfer your information to service providers, we do so in compliance with applicable privacy laws.

Customer Contact Targeting

We offer our customers certain features that allow them to better target who they contact through our products and services. In order to do this, we may also partner with third parties who can provide our customers with information about you. If both you and our customer are located outside of the European Union, this may include demographic information, shopping histories, geographic location and details about customers’ contacts’ interactions with marketing communications. We require that these partners are contractually or legally permitted to share this information with our customers and with us.

Our customers opt in to these features so that they can optimize their campaigns, segment their lists, and better customize their offerings to you. We require all our customers to comply with applicable laws and maintain compliant privacy policies. For more information about how our customers use the enriched data we provide them, and about how you can opt out of having this data collected by our customers, please contact the sender (our customer) of the communication you received.


Choice/Opt-Out

All emails you receive through our platform include an easy, automated way to stop receiving marketing emails from the sender (unsubscribe). Certain senders also allow you to change the topics you’re interested in by updating your profile with our customers. If you wish to unsubscribe or update your profile, simply click on the Unsubscribe, SafeUnsubscribe® and/or Update Profile links at the end of any email you receive from a Constant Contact sender. If you believe you have received an unsolicited commercial email from us on behalf of any of our customers, you may report it to us at one of the following: for the email and digital marketing services at abuse@constantcontact.com; and for the lead generation and customer relationship management services at: crm-abusedesk@constantcontact.com.


Requests Related to Your Personal Information

Constant Contact does not own the contact lists or databases held by our customers. We are a “data processor” or “service provider” under applicable privacy laws, which means that we have an obligation to keep your data safe and secure. We take instructions from our customers who are the “data controllers” or “businesses” (to the extent such privacy laws apply to them) to send emails on their behalf and to assist them with fulfilling data subject rights requests made directly to them, such as correcting or deleting an individual’s contact information. If your personal information is held in a Constant Contact customer’s database, it is our customer’s responsibility to deal with your request in their role as a data controller and to the extent necessary, we will support them.

If you have a query or would like to make a data subject rights request under applicable privacy laws, we recommend that you reply to the email address on the communication you received for further contact details and information as we are unable to provide any additional information about our customers.

Constant Contact (including SharpSpring Technologies, Inc.) participates in and has certified its compliance with the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework and the Swiss-U.S. Data Privacy Framework (together, the “Frameworks” or the “Privacy Frameworks”). Constant Contact (including SharpSpring Technologies, Inc.) is committed to subjecting all Personal Data received from the EEA, UK and Switzerland, respectively, in accordance with each Privacy Frameworks, and to the Frameworks’ applicable Principles. To learn more about the Privacy Frameworks, and to view our certifications, visit the U.S. Department of Commerce at https://www.dataprivacyframework.gov/s/participant-search.


Constant Contact is responsible for the Processing of Personal Data it receives, under each Privacy Framework, and subsequently transfers to a third party acting as an agent on its behalf. Constant Contact complies with the Privacy Framework Principles for all onward transfers of Personal Data from the EEA, UK and Switzerland, including the onward transfer liability provisions.


With respect to Personal Data received or transferred pursuant to the Privacy Frameworks, Constant Contact is 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 our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Under certain conditions, as more fully described on the Privacy Framework website found at https://www.dataprivacyframework.gov/s/, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted. 


You can contact the Data Protection Officer listed below to obtain a copy of the data transfer agreement or more information regarding the relevant safeguard we put in place. For more information about the Privacy Frameworks, please visit the U.S. Department of Commerce’s Privacy Framework website found at https://www.dataprivacyframework.gov/s/.

You may click on the seal to check Constant Contact’s privacy verification status.

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Notification of Changes

We may update the information on this page at any time, so please review it frequently. If we decide to change this privacy notice in any material way, we will notify you here, by email, or by means of a notice on our websites. In all cases, your continued use of any Services constitutes acceptance to any such changes.

Contact Us 

If you have any questions about this document, please contact us at privacy@constantcontact.com or Legal and Compliance Department, Constant Contact, Inc. 1601 Trapelo Road, Waltham, Massachusetts 02451, USA.