Last Updated: May 22nd, 2018

ekarda, Ltd (“ekarda”) provides a marketing platform that allows clients to reach their customers, to understand how their customers interact with those communications and other content, and to customize marketing based on their customers’ interests. This Privacy Policy explains how ekarda collects, uses and discloses information from our clients (“clients” or “you”) when you use our website, platform and other online products and services (collectively, the “Services”) or when they otherwise interact with us. This policy does not apply to the information that our clients import into our Services, such as the email addresses of their customers or business contacts (“Contact Data”). For additional information about the use of Contact Data in connection with our Services, please consult our Terms of Service

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.>

Privacy

At ekarda, we respect the privacy needs of our valued customers and members. Maintaining the privacy of your information is of paramount importance to us. If, at any time, you have questions or concerns about our privacy practices, please feel free contact us at abuse@ekarda.com.

How do we protect your privacy?

We use strict security measures to protect against the loss, misuse and alteration of data within the ekarda system and encrypt every single email address within our system.

Why did you receive an eCard from our system?

Our clients certify that all email addresses used in our system are opt-in names that have given permission to the client to send them email. As we indicate above, ekarda does not allow nor desire that any client use our email services to send unwanted mail or spam. If you don’t recognize who sent you an eCard using our system, please contact us by mailing abuse@ekarda.com.

Reporting unwanted mail as Spam

If you don’t recognize who used the ekarda service to send you a given message, you can report it to us as spam by sending it to abuse@ekarda.com.

How do I opt-out from receiving eCards?

Each eCard sent through the ekarda system contains a link that allows subscribers to unsubscribe from receiving emails from the sender. If you wish to unsubscribe, simply follow the instructions at the bottom of any email. If you have received an unwanted email sent by the ekarda system, please see above for options on how to handle and report an issue.

Collection of Information

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, interact with message board, apply for a job, request customer support, use our platform or otherwise communicate with us. The types of information we may collect include your Personal Information and any other information you choose to provide. We or a designated third party may collect payment and credit card information when you subscribe to our paid Services or purchase additional services.

When we say “Personal Information” we mean any information that identifies an individual, such as (but not limited to) an individual’s name, email address, postal address, device-specific information and log information (as described below). Any information that does not, on its own, identify an individual person is considered and treated as non-personal information. When non-personal information is combined with other information so that it does or can be used to identify an individual, this information is treated as Personal Information.

Information About Your Use of the Services

Usage Information

We collect information about your use of the Services, such as the ways in which you use our platform, the way you respond to us when we send you emails or communications or your preferences when you interact with our Services.

Information We Collect Automatically When You Use the Services

When you access or use our Services, we automatically collect information about you, including:

Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, your general location and the page you visited before navigating to our Services.
Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
Information Collected by Cookies and Other Tracking Technologies: We and our service providers use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below or visit our “Cookie Policy”

Integrations with Other Services

You may have the option of integrating our Services with other services, technologies or platforms on your desktop, permitted websites and/or your mobile phone. For example, we may offer you widgets that have countdowns to various launches. These integrations may require you to input Personal Information or access or use Personal Information. These integrations may (i) check for updates automatically and transmit your information to their server and/or engine; (ii) send information entered into or accessed by the technology to its server and/or engine and (iii) be visible to the public if embedded on publicly available webpages (such as social networking webpages), depending on the policies of that website.

Use of Information

We use the information we collect to provide, maintain and improve our Services, such as to administer your account and to provide you with insights to help you optimize your use of our platform.

We may also use the information we collect to:

Provide, maintain, customize and improve our Services;
Provide and deliver the products and services you request, process transactions and send you transaction-related information,
including confirmations and invoices,
Send you technical notices, updates, security alerts and support and administrative messages;
Respond to your comments, questions and requests and provide customer service;
Communicate with you about products, services, offers, promotions, rewards and events offered by ekarda and others, and provide news and information we think will be of interest to you;
Monitor and analyze trends, usage and activities in connection with our Services;
Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of ekarda and others;
Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards; and Carry out any other purpose described to you when your information was collected.

Sharing of Information

We sometimes need to engage third-party companies and individuals (such as payment processors, research companies and analytics and security providers) to help us operate and provide the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf and are obligated to us not to disclose or use your information for other purposes.

We may share information about you as follows or as otherwise described in this Privacy Policy:

In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;

If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of ekarda or others;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
Between and among ekarda and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and With your consent or at your direction.

Retaining Your Information

ekarda will retain your information only for as long as is necessary for the purposes set out in this Privacy Policy or as described to you, for as long as your account is active (i.e., for the lifetime of your ekarda account), or as needed to provide the Services to you. If you no longer want ekarda to use your information to provide the Services to you, you may cancel your account. ekarda will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes and enforce our agreements. We also retain log files for internal analysis purposes. These log files are generally retained for a limited period of time, except in cases where they are used for the safety and security of the Services, to improve functionality of the Services or we are legally obligated to retain them for longer time periods.

Transfer of Information to the U.S. or Other Countries

In order to provide you with the Services you subscribe to or that you request from us, your Personal Information will be transferred to the United States as that is where ekarda’s servers are based (hosted by Amazon Web Services). In some cases, your Personal Information may be transferred to or accessed from other countries outside the United States, including when you consent and allow us to do so, where it is required in order for us to provide Services to you and when we need to do so to provide functions like product support, troubleshooting and gaining insights into the usage patterns of our Services. Any international transfers of your Personal Information will be done in accordance with applicable law.

Residents of the European Economic Area

If you are a resident of the European Economic Area (“EEA”), you have certain rights and protections under the law regarding the processing of your Personal Information.

Lawful Basis for Processing

If you are a resident of the EEA we primarily rely on three bases to process your Personal Information lawfully.

First, it is necessary for us to process your Personal Information in certain ways in order to provide the Services to you, in accordance with a contract between you and us, namely, our Terms of Service.
Second, where you have given us valid consent to use your Personal Information in certain ways, we will rely on your consent. This includes situations where we will obtain your consent prior to sending you information about our products and Services. Third, in certain cases we may process your Personal Information where necessary to further ekarda’s legitimate interests, where those legitimate interests are not overridden by your rights or interests. This includes usage statistics, analytics and internal analysis we run to better understand how to use our platform so that we can improve our Services and also provide you with better recommendations on how to get the most out of our platform and to accomplish your goals.

Data Subject Rights Requests

If you are a resident of the EEA, you have the right to access Personal Information we hold about you and to ask that your Personal Information be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing activities.

If you submitted Personal Information directly to us or in accordance with the provision of our Services and you would like to view, change, limit or delete your Personal Information, you can do so via your account settings or by contacting us. Upon request, we will notify you about whether we hold any of your Personal Information. By visiting your account settings, you can access, correct, change and delete certain of your Personal Information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your Personal Information. In certain circumstances, you also have the right to object to the processing of your Personal Information, to request the deletion of your Personal Information and to obtain a copy of your Personal Information in machine-readable format.

If you need assistance accessing or modifying your Personal Information or wish to delete your Personal Information, please email us at contact@ekarda.com.

Withdrawing Consent

You have the right to withdraw your consent to our processing of your Personal Information and your use of the Services. You can do this at any time by cancelling your account through your account settings and then emailing contact@ekarda.com to request that your Personal Information be deleted.

If you withdraw your consent to the use or sharing of your Personal Information for the purposes set out in this Privacy Policy, you may not have access to some (or any) of the Services, and we might not be able to provide you some (or any) of the Services. Please note that, in certain cases, we may continue to process your information after you have withdrawn consent and requested that we delete your Personal Information, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation, or if it is necessary to do so to pursue our legitimate interest in keeping the Services safe and secure.

Questions or Complaints

If you are a resident of the EEA and have a concern about our processing of your Personal Information that we are not able to resolve, you have the right to lodge a complaint with the data protection authority where you reside. For contact details of your local Data Protection Authority.

Your Choices

Account Information

You may update, correct or delete information about you at any time by logging into your online account or emailing us at contact@ekarda.com. If you wish to cancel or temporarily pause your account, please email us at contact@ekarda.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. You can visit our Cookie Policy for more information on your choices with respect to cookies.

Promotional Communications

You may opt out of receiving promotional emails from ekarda by following the instructions in those emails or by clicking the “unsubscribe” link at the bottom of any of our emails. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Contact Us

If you have any questions about this Privacy Policy, please contact us at: contact@ekarda.com.

Email Policy

This policy (“Policy”) applies to all email and other communications (“Email”) generated or sent through the services provided by ekarda (“Services”) whether through the site located at www.ekarda.com or through any other site operated by ekarda or a ekarda reseller, distributor, or business partner (each, a “Site”). BY GENERATING OR SENDING EMAIL THROUGH THE SERVICES, YOU AGREE TO COMPLY WITH THIS POLICY. ekarda MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE SERVICES IF YOU DO NOT COMPLY WITH THIS POLICY.

Your use of the Services must comply with all applicable Laws. This includes laws applicable to you and also laws applicable to ekarda and the recipient each Email. Examples of applicable laws include laws relating to spam or unsolicited commercial email (UCE), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Services and the Emails you generate and send through the Services.

Your use of the Services must comply with the Terms of Service applicable to the Services (“TOS”). This Policy is a part of and incorporated into the TOS applicable to the Services. Click here for our ekarda TOS . It is your responsibility to read and understand the TOS applicable to your use of the Services and the Emails you generate and send through the Services.

Your use of the Services must follow all applicable guidelines established by ekarda.The guidelines below are examples of practices that may violate this Policy when generating or sending Emails through the Services:

• -Using non-permission based Email lists (i.e., lists in which each recipient has not explicitly granted permission to receive Emails from you by affirmatively opting-in to receive those Emails).
• -Using purchased or rented Email lists.
• -Using third party email addresses, domain names, or mail servers without proper permission.
• -Sending Emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com).
• -Sending Emails that result in an unacceptable number of spam or UCE complaints (even if the Emails themselves are not actually spam or UCE).
• -Failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request.
• -Including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any Email that encourages a recipient to forward the Email to another recipient.

If you know of or suspect any violations of this Policy, please notify ekarda at contact@ekarda.com. ekarda will determine compliance with this Policy in its sole discretion.