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Instapage complies with the requirements of the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively “Privacy Shield”), as set forth by the U.S. Department of Commerce and the Federal Trade Commission (“FTC”), regarding the collection, use, and retention of Personal Information transferred from the European Economic Area and Switzerland to the United States. Instapage has certified to the Department of Commerce that it adheres to the Privacy Shield Principles and Supplemental Principles. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view Instapage certification, please visit Privacy Shield. Additionally, Instapage may protect information through other legally valid methods, including international data transfer agreements.
This Policy applies to all Instapage operating divisions, subsidiaries, affiliates, and branches, including its U.S. affiliates certified under the Privacy Shield and any additional subsidiary, affiliate, or branch of Instapage that we may subsequently form.
“Agent” means any Third Party that processes Personal Information pursuant to the instructions of, and solely for, Instapage or to which Instapage discloses Personal Information for use on its behalf.
“Customer Data” means any Personal Data that Instapage processes on behalf of Customer as a Data Processor in the course of providing Services, as more particularly described in our DPA.
“Data Controller” means an entity that determines the purposes and means of the processing of Personal Data.
“Data Processor” means an entity that processes Personal Data on behalf of a Data Controller.
“Privacy Shield” means the seven (7) principles of the Privacy Shield Framework: (1) notice, (2), choice, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access, and (7) recourse, enforcement, and liability. Additionally, it includes the fourteen (14) supplemental principles described in the Privacy Shield: (1) sensitive data, (2) journalistic exceptions, (3) secondary liability, (4) performing due diligence and conducting audits, (5) self-certification, (6) verification, (7) access, (8) obligatory contracts for onward transfers, (9) dispute resolution and enforcement, (10) choice – timing of opt-out, (11) travel information, (12) pharmaceutical and medical products, (13) public record and publicly available information, and (14) access requests by public authorities.
“Process” or “Processing” has the meaning given to it in the GDPR and “process,” “processes,” and “processed” shall be interpreted accordingly.
There are three general categories of information we collect.
1.1.1 Information that is necessary for the Use of the Instapage Platform.
We ask for and collect the following personal information about you when you use the Instapage Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
Account Information. When you sign up for an Instapage Account, we require certain information such as your first name, last name, email address.
Communications with Instapage and other Users. When you communicate with Instapage or use the Instapage Platform to communicate with other Users, we collect information about your communication and any information you choose to provide.
1.1.2 Information You Choose to Give Us.
You may choose to provide us with additional personal information in order to obtain a better user experience when using the Instapage Platform. This additional information will be processed based on your consent.
Additional Profile Information. You may choose to provide additional information as part of your Instapage profile. Some of this information as indicated in your Account settings is part of your personal profile page and will be visible to other users or team members within your Account.
Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend conferences, trade shows, and other events.
Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
Other Information. You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your Instapage Account, respond to surveys, post to community forums, participate in promotions or referral programs, or use other features of the Instapage Platform.
Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.
When you use the Instapage Platform, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Instapage Platform and Payment Services.
Geo-location Information. When you use certain features of the Instapage Platform, we may collect information about your precise or approximate location as determined through data such as your I.P. address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu.
Usage Information. We collect information about your interactions with the Instapage Platform such as the pages or content you view, your feature usage, number of pages in use, design, and content of pages, and other actions on the Instapage Platform.
Log Data and Device Information. We automatically collect log data and device information when you access and use the Instapage Platform, even if you have not created a Instapage Account or logged in. That information includes, among other things: details about how you’ve used the Instapage Platform (including if you clicked on links to third-party applications), I.P. address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Instapage Platform.
Our uses of these Technologies fall into the following general categories:
See Section 6 below to understand your choices regarding these Technologies.
Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. Some of our analytics partners include:
Payment Transaction Information. Instapage collects information related to your payment transactions through the Instapage Platform, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, IBAN information, your address, and other related transaction details. This information is necessary for the adequate performance of the contract between you and Instapage.
Instapage may collect information, including personal information, that others provide about you when they use the Instapage Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the Instapage Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties. For more information on third parties used, see the Instapage GDPR webpage at Instapage.com/gdpr.
Third-Party Services. If you link, connect, or log in to your Instapage Account with a third-party service (e.g., Google, Facebook), the third-party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third-party service providers and/or partners, and combine it with information we have about you. For example, we may receive fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Instapage Platform through partnerships, or about your experiences and interactions from our partner ad networks.
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Instapage Platform, create and maintain a trusted and safer environment and comply with our legal obligations.
Enable you to access and use the Instapage Platform.
Enable you to communicate with other Team Members.
Operate, protect, improve, and optimize the Instapage Platform and experience, such as by performing analytics and conducting research.
Provide customer service, including logging into a User’s account to troubleshoot with their consent, providing email support, or phone support for Enterprise customers.
Send you service or support messages, updates, security alerts, and account notifications.
To operate, protect, improve, and optimize the Instapage Platform and experience, and personalize and customize your experience (such as making design suggestions or recommending features), we conduct profiling based on your interactions with the Instapage Platform, your profile information and preferences, and other content you submit to the Instapage Platform.
We process this information given our legitimate interest in improving the Instapage Platform and our users’ experience with it, and where it is necessary for the adequate performance of the contract with you.
Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
Conduct security investigations and risk assessments.
Comply with our legal obligations.
Resolve any disputes and enforce our agreements with third parties.
Enforce our Terms of Service and other policies.
In connection with the activities above, we may conduct profiling based on your interactions with the Instapage Platform, your profile information and other content you submit to the Instapage Platform, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the Instapage Platform if such processes detect a User or activity that we think poses a safety or other risk to themselves, the Instapage Platform, other Users, or third parties.
We process this information given our legitimate interest in protecting the Instapage Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
With your consent, we may send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about Instapage or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google.
Personalize, measure, and improve our advertising.
Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Instapage or its third-party partners.
Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the Instapage Platform, information obtained from third parties) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your Instapage Account.
Detect and prevent fraud, abuse, security incidents, and other harmful activity.
Conduct security investigations and risk assessments.
Conduct checks against databases and other information sources.
Comply with legal obligations (such as anti-money laundering regulations).
With your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences.
The Payments Data Controller processes this information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third-party application or website to access your Instapage Account or when you participate in promotional activities conducted by Instapage partners or third parties.
Instapage may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against Instapage, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, or other agreements with Users, or (v) to protect the rights, property or personal safety of Instapage, its employees, its Users, or members of the public.
Where appropriate, we may notify Users about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Instapage’s property, its Users and the Instapage Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that user about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
Instapage uses a variety of third-party service providers to help us provide services related to the Instapage Platform and the Payment Services. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers are based in Europe, India, Asia Pacific, and North and South America.
Instapage will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.
To enable or support us in providing the Instapage Platform, we may share your information, including personal information, within our corporate family of companies that are related by common ownership or control, including Instapage dba Postclick, Inc.
Sharing with Instapage, Inc. Even if your Country of Residence is not the United States, your information may be shared with Instapage, Inc. which provides the technical infrastructure for the Instapage Platform, product development and maintenance, customer support, trust and safety, and other business operation services to other Instapage entities. The data sharing is necessary for the performance of the contract between you and us and is based on our legitimate interests in providing the Instapage Platform globally.
Additionally, we share your information, including personal information, with our corporate affiliates in order to support and integrate, promote, and to improve the Instapage Platform and our affiliates’ services.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Instapage Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.
The social media platforms with which we may share your personal data are not controlled or supervised by Instapage. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such a provider.
Please note that you may, at any time ask Instapage to cease processing your data for these direct marketing purposes by sending an e-mail to [email protected].
With respect to onward transfers to Agents under Privacy Shield, Privacy Shield requires that Instapage remain liable should its Agents Process Personal Information in a manner inconsistent with the Privacy Shield Principles.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other de-identified information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
We may use technologies considered automated decision making or profiling. We will not make automated decisions about you that would significantly affect you unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are required by law to use such technology.
We may review, scan, or analyze your communications on the Instapage Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes.
For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites.
In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings.
We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools.
We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on Instapage’s legitimate interest in ensuring compliance with applicable laws and our Terms of Service, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
You may link your Instapage Account with your account at a third party social networking service. When you create this link, the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and the publication and display of information that you provide to Instapage through this linkage is subject to your settings and authorizations on the Instapage Platform and the third-party site.
We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.
The Instapage Platform may contain links to third-party websites or services, such as third-party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Instapage doesn’t own or control these Third-Party Partners. When you interact with them, you may be providing information directly to the Third-Party Partner, Instapage, or both. These Third-Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
Under Privacy Shield, you may exercise any of the rights described in this section by sending an email to [email protected]. Please note that we may ask you to verify your identity before taking further action on your request.
You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS and others.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
Please note you must separately opt out in each browser and on each device.
You may access and update some of your information through your Account settings. If you have chosen to connect your Instapage Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
You have the right to ask us to correct personal information concerning you that is inaccurate, incomplete, or has been processed in violation of the Privacy Shield Principles.
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Instapage Platform to you, you can request that we erase your personal information and close your Instapage Account. You may also request the deletion, anonymization, or blocking of your personal information when processing is based on your consent or when processing is unnecessary, excessive, or noncompliant. Please note that if you request the erasure of your personal information:
We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Instapage Account for fraud or safety reasons, we may retain certain information from that Instapage Account to prevent that User from opening a new Instapage Account in the future.
We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Instapage may keep some of your information for tax, legal reporting and auditing obligations.
Information you have shared with others (e.g., forum postings) may continue to be publicly visible on the Instapage Platform, even after your Instapage Account is canceled. However, the attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database but are disassociated from personal identifiers.
Because we maintain the Instapage Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
Where you have provided your consent to the processing of your personal information by Instapage you may withdraw your consent at any time by changing your Account settings or by sending a communication to [email protected] specifying which consent you are withdrawing. If you refrain from providing personal information or withdraw your consent to processing, some features of our Service may not be available. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular, where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to Section 6.7 and pending the verification, whether the legitimate grounds of Instapage override your own.
In some jurisdictions, applicable law may entitle you to require Instapage not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Instapage will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.
Where your personal information is processed for direct marketing purposes, you may, at any time ask Instapage to cease processing your data for these direct marketing purposes by opting out from your account settings.
In some jurisdictions, applicable law may entitle you to be informed about the third parties with which your personal information has been shared. For more information about the third parties with which we have shared personal information, you may contact us at [email protected].
You may have the right to request a review of decisions taken exclusively based on automated processing if that could affect data subject rights. For more information, please contact us at [email protected].
If your information is shared with corporate affiliates or third-party service providers outside the EEA, we have – prior to sharing your information with such corporate affiliate or third-party service provider – established the necessary means to ensure an adequate level of data protection. This may be an adequacy decision of the European Commission confirming an adequate level of data protection in the respective non-EEA country or an agreement on the basis of the E.U. Model Clauses (a set of clauses issued by the European Commission). For more information, please see our Information Security Policy by sending a request to [email protected].
Instapage will not share information it collects about you with its affiliates or third parties (both financial and non-financial), except as required or permitted by your state’s law.
For purposes of the CCPA, Instapage does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.
Additional Privacy Rights for California Residents
Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, contact us as set forth below.
Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include your name, email address, or additional profile information that you provide.
If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth below. We will process such requests in accordance with applicable laws.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Instapage Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Instapage Account, please contact us following the instructions in Section 12 below. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.
By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.
If you are located in the European Economic Area, Switzerland, the United Kingdom or Brazil, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
This Policy shall be implemented by Instapage and all its operating divisions, subsidiaries and affiliates. Instapage has put in place mechanisms to verify ongoing compliance with Privacy Shield Principles and this Policy. Any Employee that violates these privacy principles will be subject to disciplinary procedures. If you are an E.U. or Swiss citizen and feel that Instapage is not abiding by the terms of this Policy, or is not in compliance with the Privacy Shield Principles, please contact Instapage at the information provided in Section 12 “Contact Us” section below.
In addition, Instapage has agreed to refer unresolved complaints related to Personal Information to JAMS Privacy Shield Dispute Resolution Program. For more information and to submit a complaint regarding Individual data to JAMS, a dispute resolution provider which has locations in the United States and E.U., visit https://www.jamsadr.com/eu-us-privacy-shield.
You may also have a right, under certain conditions, to invoke binding arbitration under Privacy Shield; for additional information, see https://www.privacyshield.gov/article?id=ANNEX-I-introduction. The FTC has jurisdiction over Instapage’s compliance with the Privacy Shield.
The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. If you are a parent or guardian and wish to review information collected from your child, or have that information modified or deleted, you may contact us as described below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account.
Instapage, Inc. and Instapage, Inc. dba Postclick
303 Second Street, Suite 901 South Tower San Francisco, CA 94107
should be addressed to: [email protected]
303 2nd St. Suite 901
San Francisco, CA 94107
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