Esendex Online Privacy and Data Protection Policy

Last modified: November 21, 2022

Introduction.

CDYNE Services, LLC d/b/a Esendex ("Company" or "we") respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.esendex.us, or by using any of our online services and APIs (our "Services") and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

  • On this website.
  • In e-mail, text and other electronic messages between you and this website.
  • Through mobile and desktop applications you download from this website, which provide dedicated non-browser-based interaction between you and this website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
  • Information you provide to our sales or customer support teams through our website or contact form.

It does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the website or information collected by us through means other than your use of the Services.

Please read this 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, please do not to use our Services. By accessing or using our Services, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Information we collect about you and how we collect it.

We collect several types of information from and about users of our Services, including information:

  • that you provide to us when using the Services, such as information about individuals who have signed up to receive text messages or phone notifications from us through our APIs or information you provide when creating an account with us. We call this information “customer provided information.”
  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number and any other identifier by which you may be contacted online or offline (“personal information”); and
  • about your internet connection, the equipment you use to access our website and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
  • From third parties, for example, our business partners.

Information you provide to us.

The information we collect on or through our Services may include:

  • Information that you provide by filling in forms on our website or contacting our sales or customer support teams. This includes information provided at the time of subscribing to our Service, posting material, entering a service request or requesting further Services. We may also ask you for information when you report a problem with our Services.
  • Records and copies of your correspondence (including e-mail addresses) if you contact us.
  • Details of transactions you carry out through our Services and of the fulfillment of your orders. You may be required to provide financial information before placing an order for our Services.

You also may provide information to be published or displayed on public areas of the website, or transmitted to other users of the website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information we collect through automatic data collection technologies.

As you navigate through and interact with our website or use our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our website, including traffic data, location data, logs and other communication data and the resources that you access and use on the website.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.

We currently do not respond to a web browser’s Do-Not-Track signals. For more information about Do Not Track, click here.

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our website or log into your account to use the Services.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. 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 our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.
  • Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices about How We Use and Disclose Your Information.
  • Web Beacons. Pages of 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 website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources, or you provide to us.

Automated Decision Making.

We may use automated decision-making tools to help us identify suspicious activity, such as spam messaging. We may suspend your use of the Services if we suspect that you are engaged in abusive or fraudulent activity. We will notify you of any suspension and you may have the right to request that we conduct a personal review of the suspension.

Third-party use of cookies and other tracking technologies.

Some content or applications on the website are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How we use your personal information.

We use information that we collect about you or that you provide to us, including any personal information, to provide you the Services, or to provide you with information that you request from us, or to fulfill any other purpose for which you provide it. We also use your personal information for system maintenance and administrative purposes, such as providing notices about your account, including for billing and collections, or to provide you notices about changes to our Services. We may also use your information to contact you about services that may be of interest to you. For more information, see Choices About How We Use and Disclose Your Information.

How we use customer provided information.

We use customer provided information to provide the Services to you or your customers. We call your customers “end users.” For example, if you use our SMS Notify API to send text messages to your end-users, we will use the information you provide to deliver that text message. We may also use customer provided information to respond to end use inquiries, to analyze and improve the Services, for our system maintenance and to protect our legal rights or the legal rights of any third-party. We may also use customer provided information as directed by you.

How we use non-personal information.

We use anonymous non-personal information to improve our Services, to administer our website, to understand your business needs or for any lawful purpose.

Disclosure of your personal and customer provided information.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal and customer information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business.
  • To telephony operators as necessary to provide proper routing and connectivity when using the Services.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal or customer information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our master subscription agreement or acceptable use policy available at www.esendex.us/legal and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and risk reduction.

We do not sell or allow your personal or customer information to be used by third parties for their own marketing purposes, unless you ask us to do so or give us consent.

Choices About How We Use and Disclose Your Information.

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your e-mail address or contact information used by the Company to promote our own or third parties' products or services, you can opt-out by unsubscribing from the email service or at any other time by logging into the website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to support@esendex.us. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to us as a result of a product purchase, warranty registration, product service experience or other transactions.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

How to make choices about your personal information.

Some of our customers, including those in the EU, may have the right to request information about our processing of your personal information, object to or withdraw consent for the continued processing of personal information, request erasure or correction of personal information (see Accessing and correcting your information below), request that we provide your personal information in a portable form. If you have any questions about exercising your choices, please contact us at support@esendex.us. End users who receive text messages or phone notifications through our APIs should contact the customer directly with any request for information about processing, objections, withdrawal of consent, erasure, correction or data portability.

Accessing and correcting your personal information.

You can review and change your personal information by logging into the website and visiting your account profile page. You may also send us an e-mail at support@esendex.us to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you ask us to delete your personal or customer information, it may take us up to 30 days to do so. We may retain a copy of those records to carry our necessary business functions such as billing, invoice reconciliation, investigating fraud or suspicious activity. We may also retain personal or customer information for legal matters, such as litigation or government investigations. We will delete those records when we are no longer legally required to keep them.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and personally identifiable information will be encrypted using SSL technology. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a login and password for access to certain parts of our Services, you are responsible for keeping this login and password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the website like message boards. The information you share in public areas may be viewed by any user of the website. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by e-mail to the primary e-mail address specified in your account or through a notice on the website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: privacy@esendex.us or via our toll-free number: 1-800-984-3710. You may also contact our sales department at service@esendex.us. Individuals located in the EU, Switzerland or the United Kingdom have a right to lodge a complaint with their local data protection authority about our data protection policies or practices or commence proceedings in accordance with applicable data protection laws. Information about EU data protection authorities may be located HERE.

CALIFORNIA RESIDENTS- THE INFORMATION BELOW DESCRIBES YOUR RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT

This Policy is Effective: November 21, 2022

What is the California Consumer Privacy Act (the “CCPA”)?

If you are a California resident, the information below also may apply to you, in addition to the Website Privacy Policy listed above. The information below applies to both information we collect on the website and offline, such as through telephone calls.

Collection and Disclosure

During the previous 12 months prior to the date of this Website Privacy Policy, we may have collected the following types of information about you:

  • Identifiers, such as your name, postal address, IP address, email address, telephone number, or other similar identifier;
  • Internet or other electronic network activity, such as your interaction with our website;
  • Audio or electronic information such as any calls you placed to us.
  • Messaging content and associated data if you are using our API services.

We may have obtained personal information about you from the following:

  • From you directly, when you used our Services.
  • From your devices when interacting with our website;
  • From our affiliate and subsidiaries; or
  • From vendors who provide services for us.

We may have collected personal information about for the following business reasons:

  • Performing Services, including servicing or maintaining accounts, providing customer service, processing transactions, verifying consumer information, processing payments, providing analytical or similar services;
  • Detecting security incidents and protecting against malicious, deceptive, fraudulent or illegal activity;
  • Auditing our interactions with you, such as for compliance purposes;
  • For internal research and optimization to provide more efficient services to you; or
  • To debug or repair errors that may impair existing functionality.

We may share your information with the following categories of third parties:

  • Professional organizations, such as law firms, independent auditors, or our clients;
  • To communication providers to route any communication or data Services through the telephony network;
  • Vendors who provide to us services; or
  • Government or law enforcement agencies.

We do not sell and have not sold personal information during the 12-month period prior to the effective date of this policy.

What are your rights under the CCPA?

You have the right to request the following information about the personal information we have collected about you during the previous twelve months. You may request this information twice in a twelve-month period:

  • The categories and specifics pieces of personal information we have collected about you;
  • The categories and sources from which we collected the personal information;
  • The business or commercial purpose for which we collected or sold the personal information.
  • The categories of third parties with whom we shared the personal information; and
  • The categories of personal information about you that we sold or disclosed for a business purpose and the categories of third parties wo whom we sold or disclosed that information for a business purpose.

You have the right to request that we delete the personal information we have collected from you. We will not deny, charge different prices for, or provide a different level or quality of goods or services if you choose to exercise these rights. This request to delete may be denied if retaining the information is necessary to:

  • Complete the transaction for which we collected the personal information;
  • Provide a good or service as requested by you;
  • To perform a contract or take specific action with you in respect to our ongoing business relationship;
  • To detect security incidents or malicious, fraudulent or illegal activity and to prosecute the same;
  • To comply with a legal obligation; or
  • To use the personal information for other lawful use that are compatible within the context in which you provided it.

How do you contact us?

You may contact us via email at privacy@esendex.us or via our toll-free number: 1-800-984-3710.