Privacy Policy

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Last updated: January 28, 2020

Ungapped AB, (“Ungapped”, “we”, “us”, or “ our”) is committed to protecting your privacy. This Privacy Policy applies to the Ungapped website, located at ungapped.com and the Ungapped online platform that provides marketing tools for businesses (the “Ungapped Platform”). For the purposes of this Privacy Policy, the Ungapped Platform and the Ungapped Website are collectively referred to as, the “Ungapped Service.”

This Privacy Policy is intended to inform you about the kind of information, including personally identifiable information, that we may collect from you and how we use that information and for what purpose. It also informs you about the ways in which you can control how Ungapped uses your information and how we protect such information.

This Privacy Policy is a part of and incorporated into Ungapped Terms of Service located at ungapped.com/legal/terms-of-service (the “Terms”). If any provision of this Privacy Policy is inconsistent or conflicts with any provision in the Terms, this Privacy Policy will control with respect to the subject matter hereof. Capitalized terms used in this Privacy Policy but not defined in this Privacy Policy have the meanings given to them in the Terms.

Consent

This policy applies to information we collect: (i) through your access and use of the Ungapped Service; and (ii) In e-mail, text and other electronic messages between you and the Ungapped Service. It does not apply to information collected by: (a) us offline or through any other means, including on any other website operated by Ungapped; or (b) through any website, application, or content (including, without limitation, advertising) of any third party (including, without limitation, our affiliates and subsidiaries) that may link to or be accessible from Ungapped Service.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Ungapped Service. By accessing or viewing the Ungapped Service, or submitting Personal Information through the Ungapped Service, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use, and disclosure of your Personal Information and Anonymous Information (as each term is defined below) in accordance with this Privacy Policy.

Personal Information v. Anonymous Information

We collect both Personal Information and Anonymous Information, each as defined below, in connection with your use of the Ungapped Platform.

“Personal Information” is information that allows someone to identify or contact you, as well as any other non-public information about you that is associated with or linked to any of the foregoing, and can include, for example, an individual’s first and last name, phone number, and e-mail address.

“Anonymous Information” means data that is not associated with or linked to your Personal Information; Anonymous Information does not, by itself, permit the identification of individual persons.

Protecting Your Privacy

We do not share, rent or sell your account information to any third party, except as expressly set forth in this Privacy Policy. Please help us protect your privacy by keeping your account information safe. Do not disclose your account login information to anyone and keep changing it periodically. If you find that an account depicting your personal or business profile or information has been created on the Ungapped Service by an unauthorized individual, please contact us immediately at hello@ungapped.com to request for its removal.

Use by Our Customers

Subject to our users (“Users”) compliance with the terms and conditions set forth in our Terms, Users use the Ungapped Service to input, upload and store their consumer contact information (which may include personally identifiable information) (“Consumer Information”) in order to efficiently run campaigns and distribute marketing materials for their business purposes. Consumer Information is controlled solely by our Users and is collected, used, disclosed and protected according to such User’s privacy policy and is not subject to this Privacy Policy. In addition, our Users control and are solely responsible for correcting, deleting or updating Consumer Information they have collected and use as part of the Ungapped Service.

Ungapped has no direct relationship with individuals who provide information (including personally identifiable information) to our Users and Ungapped does not control our Users contact lists, campaign content, Consumer Information, or any other materials or information that our Users may choose to manage using the Ungapped Service. In connection with the Ungapped Service, Ungapped processes Consumer Information as Users direct and in accordance with our Terms and this Privacy Policy. Our User’s information (including Consumer Information) is stored on our service providers’ servers; however, our Users control and are solely responsible for the collection and management of any such information provided to the Ungapped Service by our Users. We may work with our Users to help them provide notice to their consumers about such User’s data collection, processing and usage.

Our Terms and this Privacy Policy prohibit us from using Consumer Information, except as necessary to provide and improve the Ungapped Service and as required by applicable law. In addition, our agreements with our Users prohibit them from using the Ungapped Service to collect, manage, or process Consumer Information in violation of applicable privacy laws and regulations.

You understand and agree that Ungapped is not responsible for our Users use of the information of their consumers they collect or manage on the Ungapped Service.

Information We Collect and How We Use It

Registration Information

When you register an account with Ungapped, you are required to provide us Personal Information. We collect and store the following Personal Information in connection with the registration of an account: your first and last name, country of personal and/or corporate residence (as applicable), and personal and business phone numbers (as applicable), emails, and addresses. You understand that by providing us such Personal Information, you allow us to identify you. Some of the services we provide may be hampered if you do not provide us the necessary Personal Information.

We may use the Personal Information you submit during the registration process to send you services-related communications. We may also use such Personal Information to send you electronic newsletters or promotional e-mails, unless you have requested not to receive such promotional communications from us as described below.

Payment and Billing Information

When you submit payment for access and use of the Ungapped Service our third party payment processor PayEx will collect, on our behalf, your name, billing address, and complete credit card information, or your bank account information that enables us to receive your payment. Our payment processing service provider will retain this information, in accordance with their privacy policy, to process your payments to us for the Ungapped Service and enable the auto renewal of your Subscription Service as set forth in our Terms.

Feedback and Communications

If you provide us Feedback or contact us via e-mail or participate in our surveys, we will collect your name and e-mail address, any information requested in our Feedback, as well as any other content included in the e-mail or Feedback and polling forms you send to us. Any Feedback you provide will be governed by the Terms. We may use Personal Information submitted in your communications to contact and respond to you and otherwise in the same manner as described above for registration information.

Log File Information

When you register an account with or access Ungapped Service, our service provider may collect, and share with us, information such as your web request, IP address, browser type, domain names, access times, and other browsing information. This information is used to provide you the Ungapped Service and other services requested by you, improve the Ungapped Service and other services provided to you by us, customize the content of the Ungapped Service, notify users about updates to the Ungapped Service, and contact you for our own internal marketing purposes.

Cookies

We use both browser cookies and Flash cookies to keep and track your information. A cookie browser is a small file placed on the hard drive of your computer. Certain features of the Ungapped Service may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Ungapped Service, such as, keeping track of your actions, tailoring web content to your interests, and keeping track of click stream data. Flash cookies are not managed by the same browser settings as are used for browser cookies. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Ungapped Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Ungapped Service. You can remove cookies by following directions provided in your Internet browser’s help file, provided, however, that by doing so, you will not be able to utilize the Ungapped Service.

Web Beacons

Pages within the Ungapped Service (including, our website) and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain content and verifying system and server integrity). This information is used to enable more accurate reporting, improve the effectiveness of our marketing, and improve the Ungapped Service. We do not use web beacons to store or link to Personal Information.

Other

We may provide certain additional services and/or communications if you select such additional services and/or communications by opting-in to such additional services and/or communications using certain buttons provided in the user interface of our services. We will collect your name, e-mail address, mailing address, telephone number (if provided) and any other information we specify in the user interface of our services where you opt-in by clicking on such buttons. We may use such Personal Information to send you the corresponding additional services and/or communications.

Disclosure of Your Information

We will share your Personal Information with third parties only in the ways that are described in this Privacy Policy. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Information with certain third parties without further notice to you, as set forth below.

Service Providers

We may provide your information to third party service providers (such as, but not limited to, SMS providers and our cloud service provider) who need the information to perform services for us. These third party service providers are required not to use your Personal Information other than to provide the services requested by Ungapped.

Payment Processors

We may provide your credit card and related billing and payment information to third party service providers engaged on Ungapped’s behalf, including payment processors, for the purposes of effecting payment and servicing your account.

Affiliates

To provide the Ungapped and various services to you, we may use the efforts of its parent company, and any subsidiaries, joint ventures, or other companies, existing or formed in the future, under a common control (collectively, “Affiliates”). We may share some or all of your Personal Information with our Affiliates in which case we will require our Affiliates to comply with this Privacy Policy.

Business Transfers

As we develop our business, we might sell or buy businesses or assets. In the event we are acquired by or merged with a third party, we reserve the right to transfer or assign the information we have collected from our users as a part of such merger, acquisition, sale, or other change of control. In an event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors’ rights generally, your Personal Information may be transferred by the trustee. If Ungapped or any of its Affiliates is acquired by or merged with a third party, that third party will possess the Personal Information in Ungapped’s or its Affiliate’s possession and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

Anonymous Information

We may create Anonymous Information records from Personal Information by excluding information (such as your name) that would otherwise make such data personally identifiable to you. We may use Anonymous Information at our discretion and for any purpose. We may share Anonymous Information with the public or partners, for example, by providing or conducting research about behavioral patterns related to marketing. When we provide or use this information, we employ procedures so that the data does not identify you and we contractually prohibit recipients of the data from manipulating the data in a way that would re-identify it back to you.

Other Disclosures

Regardless of any choices you make regarding your Personal Information (as set forth below), we may disclose your Personal Information (i) to respond to subpoenas, warrants, court orders, lawful requests or legal process, (ii) to establish or exercise our legal rights or defend against legal claims or protect other users, (iii) in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, or as otherwise required by law, or (iv) to investigate, prevent, or take action regarding any violation of this Privacy Policy or the Terms.

Your Choices

Changes and Deletion of your Data

If your Personal Information changes, or if you no longer desire to use or access the Ungapped Service, you may correct, update, amend, delete or request deletion by contacting us at hello@ungapped.com. We will retain your information for as long as your account is active or as needed to provide you services. Please note that even if you have asked us to delete your account or any associated data as described above, we may be required to keep certain of your information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. In any event, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Opting Out

We will periodically send you free newsletters and e-mails that directly promote the use of our Ungapped Service or to tell you about services we believe will be of interest to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails and you will have the opportunity to “opt-out” by following the unsubscribe instructions included in these emails or you can contact us at hello@ungapped.com.

Services-Related Communications

While you may “opt-out” of certain services-related communications by following the unsubscribe instructions provided in the e-mail you receive or by contacting us at hello@ungapped.com, you may not, despite your indicated e-mail preferences, “opt-out” of other services-related communications regarding your account or any payments made, or to be collected, by you, including receiving notices of any updates to our Terms or this Privacy Policy, except by terminating your account.

Security

Ungapped employs technical and administrative control and maintains the security of information collected through the Ungapped Service. Although we follow generally accepted standards to protect the Personal Information submitted to us, both during transmission and once we receive it, no method of transmission over the Internet, or method of electronic storage, is 100% secure and no company, including Ungapped, can completely or effectively eliminate the risks connected to handling information on the Internet. You acknowledge and agree that you provide your Personal Information at your own risk. If you have any questions regarding our security measures please contact hello@ungapped.com.

Children

Ungapped does not knowingly collect or maintain Personal Information from or about children under the age of thirteen (13) and the Ungapped Service is not intended to be used by persons under thirteen (13). If you are under the age of thirteen (13), please do not use the Ungapped Service at any time nor in any manner. If we learn that Personal Information of persons under thirteen (13) years of age has been collected on the Ungapped Service, then we may deactivate the account and/or make the user content inaccessible. If you find that we have personal information about anyone below thirteen (13) years of age, please inform us at hello@ungapped.com.

Third Party Tools; Thirs Party Promotions and Links

Please be aware that the terms of our Privacy Policy do not apply to third party website, products, services, or content or to links provided for the foregoing on our Ungapped Service. Third party providers of such third party websites, products, services, or content, may collect (via tracking technologies like cookies or web beacons) and use anonymous information regarding your interaction with the third party website, product, service, or content that they deliver and with which you interact.

Changes to This Privacy Policy

This Privacy Policy may be amended by us from time to time. If we make material changes to this Privacy Policy, we will notify you by posting the revised Privacy Policy on our Ungapped Service or notifying you at your email address (as specified in your account information). Your continued use of the Ungapped Service after such notification of changes as described above will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using the Ungapped Service.

Questions and Additional Information

Please feel free to contact us at hello@ungapped.com if you have any questions about Ungapped’s Privacy Policy or the information practices of this Ungapped Service.

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