Last updated on 10/03/2023
EngageBay Inc is committed to protecting your privacy. This Policy applies to your use of EngageBay products, services, and its website located at www.engagebay.com on all platforms.
This Privacy Policy also governs our data collection, processing and usage practices. It also describes your choices regarding use, access and correction of your personal information. If you do not agree with the data practices described in this Privacy Policy, you should not use the website.
We will periodically update this Privacy Policy and keep this page current with all the updates. We encourage you to review this page regularly to keep yourself updated. If the changes are significant, we will notify you through an email on the registered email address.
If you have any questions about this Policy, please feel free to reach us by email at legal@engagebay.com or by mail to EngageBay, Inc., EngageBay Inc.,1007 North Orange Street 4th Floor #180 Wilmington, DE 19801
EngageBay is a C Corporation subject to the laws of the United States. Our servers are located in the United States. By using our Services, you understand and consent to the collection, storage, processing, and transfer of your data to our facilities in the United States and those third parties we share your data with as described in this Policy and our Terms of Service Agreement.
Our online Subscription Service allows any company that uses it (our customers and EngageBay itself) to create and share marketing, sales and customer service content. The Subscription Service can also be used to help organize sales data about a company’s sales pipeline (e.g., leads, customers, deals, etc.). The information added to the Subscription Service, either by site visitors providing their contact information or when a Subscription Service user adds the information, is stored and managed on our service providers' servers. This information is then used to contact visitors about their interest in the company's goods or services and interact with the company. EngageBay provides the Subscription Service to our customers for their own marketing, lead generation, and customer service needs, and we use it to meet EngageBay’s related needs.
We use our own Subscription Service to build webpages that people can visit to learn more about EngageBay. Information that we collect and manage using the Subscription Service for our own marketing belongs to us and is used, disclosed and protected according to this Privacy Policy.
Our customers use the Subscription Service to build webpages that people can visit to learn more about their business. EngageBay does not control the content of these webpages or the types of information that our customers may choose to collect or manage using the Subscription Service. That information belongs to them and is used, disclosed and protected by them according to their privacy policies and is not subject to this Privacy Policy. EngageBay processes our customers' information as they direct and in accordance with our agreements with our customers, and we store it on our service providers' servers, but we do not have control over its collection or management. Our agreements with our customers prohibit us from using that information, except as necessary to provide and improve the Subscription Service, as permitted by this Privacy Policy, and as required by law. We have no direct relationship with individuals who provide Personal Information to our customers. EngageBay acknowledges that you have the right to access your Personal Information. Our customers control and are responsible for correcting, deleting or updating information they have collected from you using the Subscription Service. If requested to remove data we will respond within a reasonable timeframe. We may work with our customers to help them provide notice to their visitors about their data collection, processing and usage. Our agreements with our customers prohibit them from using the Subscription Service to collect, manage, or process Sensitive Information. We are not responsible for our customers' use of information they collect on the Subscription Service.
EngageBay collects information under the direction of its customers, and has no direct relationship with the individuals whose Personal Information it processes. If you are a customer of one of our customers and would no longer like to be contacted by one of our customers that use our Subscription Service, please contact the customer that you interact with directly. We may transfer Personal Information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our customers.
This refers to credit or debit card numbers, personal financial account information, Social Security numbers, passport numbers, driver's license numbers or similar personal identifiers, racial or ethnic origin, physical or mental health condition or information, or other employment, financial or health information.
You are free to explore the Website without providing any Personal Information about yourself. When you visit the Website or register for the Subscription Service, we request that you provide Personal Information about yourself, and we collect Navigational Information.
This refers to any information that you voluntarily submit to us and that identifies you personally, including contact information, such as your name, e-mail address, company name, address, phone number, and other information about yourself or your business. Personal Information can also include information about any transactions, both free and paid, that you enter into on the Website, and information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or publicly available information that we acquire from service providers.
Personal Information also includes Navigational Information or Payment Information where such information can directly or indirectly identify an individual. Navigational information refers to information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed. Please see the "Navigation Information" section below. Payment information includes We collect and process payment information from you when you subscribe to the Subscription Service, including credit card numbers and billing information, using third party PCI-compliant service providers. Except for this, we do not collect Sensitive Information from you
When you use our services or view content provided by us, we automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. This information is used by EngageBay for the operation of the Subscription Service, to maintain quality of the Subscription Service, and to provide general statistics regarding use of the EngageBay Website. For these purposes, we link this automatically-collected data to Personal Information such as name, email address, address, and phone number.
From time to time, we may receive Personal Information about you from third party sources including partners with which we offer co-branded services or engage in joint marketing activities, and publicly available sources such as social media websites.
The website is not intended for or targeted at children under 16, and we do not knowingly or intentionally collect information about children under 16 If you believe that we have collected information about a child under 16, please contact us at legal@engagebay.com, so that we may delete the information.
We use the information we collect only in compliance with this Privacy Policy. Customers who subscribe to our Subscription Services are obligated through our agreements with them to comply with this Privacy Policy.
We will never sell your Personal Information to any third party.
In addition to the uses identified elsewhere in this Privacy Policy, we may use your Personal Information to:
We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, we do not transfer your Personal Information to the third party.
We use the information collected through our Subscription Service by our customers for the following purposes:
We use the information – other than Client Data - to operate, maintain, enhance and provide all features of the Service, to provide the services and information that you request, to respond to comments and questions and to provide support to users of the Service. We process Client Data solely in accordance with the directions provided by the applicable Client or User.
We use the information to understand and analyze the usage trends and preferences of our Visitors and Users, to improve the Service, and to develop new products, services, features, and functionality. Should this purpose require EngageBay to process Client Data, then the data will only be used in anonymized or aggregated form.
We may use a Visitor’s or User’s email address or other information – other than Client Data – to contact that Visitor or User (i) for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to the Client Data or Personal Data posted on the Service or (ii) with updates on promotions and events, relating to products and services offered by us and by third parties we work with. You have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”
If you are a visitor/customer located in the European Economic Area ("EEA"), EngageBay's Data Protection Officer can be contacted at gdpr@engagebay.com.
Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.
We use Navigational Information to operate and improve the Website and the Subscription Service. We may also use Navigational Information alone or in combination with Personal Information to provide you with personalized information about EngageBay.
We post customer testimonials and comments on our Website, which may contain Personal Information. We obtain each customer's consent via email prior to posting the customer's name and testimonial.
If you give us credit card information, we use it solely to check your financial qualifications and collect payment from you. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.
We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. All Personal Information is protected using appropriate physical, technical and organizational measures.
Our Website includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share This button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Website. This Privacy Policy does not apply to these features. Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.
Our Website provides links to other websites. We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy and other policies they may have.
How long we keep information we collect about you depends on the type of information. as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible, then we will securely store your information and isolate it from any further use until deletion is possible.
We retain Personal Information that you provide to us where we have an ongoing legitimate business need to do so (for example, as long as is required in order to contact you about the Subscription Service, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements).
When we have no ongoing legitimate business need to process your Personal Information, we securely delete the information or anonymize it or, if this is not possible, then we will securely store your Personal Information and isolate it from any further processing until deletion is possible. We will delete this information from the servers at an earlier date if you so request, as described in "To Unsubscribe from Our Communications" below.
If you provide information to our customers as part of their use of the Subscription Service, our customers decide how long to retain the personal information they collect from you. If a customer terminates its use of the Subscription Service, then we will provide the customer with access to all information stored for the customer by the Subscription Service, including any Personal Information provided by you, for export by the customer according to our agreement with our customer. After termination, we may, unless legally prohibited, delete all customer information, including your Personal Information, from the Subscription Service.
If you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our content, products, or services, such as when you last opened an email from us or ceased using your EngageBay account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
We employ other companies and people to provide services to visitors to our Website, our customers, and users of the Subscription Service and may need to share your information with them to provide information, products or services to you. Examples may include removing repetitive information from prospect lists, analyzing data or performing statistical analysis, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, and providing customer service or support. In all cases where we share your information with such agents, we explicitly require the agent to acknowledge and adhere to our privacy and customer data handling policies.
In addition, we may share data with trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer support.
Such third parties are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality of your information.
If we (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy or otherwise, that company would receive all information gathered by EngageBay on the Website and the Subscription Service. In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.
We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.
EngageBay complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as delineated by the U.S. Department of Commerce (hereinafter referred to as “the Data Privacy Framework”).
EngageBay has certified to the U.S. Department of Commerce that it is in adherence with the EU-US DPF Principles concerning the processing of Personal Data received from the European Union, the United Kingdom (and Gibraltar), and in accordance with the Swiss-US DPF Principles pertaining to the processing of Personal Data acquired from Switzerland. Should any discrepancies arise between this Privacy Policy and the DPF Principles, the latter shall prevail. For a more comprehensive understanding of the Data Privacy Framework, and to inspect our certification, please proceed to https://www.dataprivacyframework.gov/.
For individuals located within the EU, UK, or Switzerland, you possess the entitlement to request access to the Personal Data retained by us about you, and to petition that we rectify, modify, or erase your Personal Data should it be erroneous or processed in contravention of the DPF Principles. We shall grant you an opportunity for opting out when Personal Data about you, which is under our control, is projected to be disclosed to an independent third party or purposed for an objective that diverges significantly from the stipulations delineated in this Privacy Policy. For the invocation of any of your rights, kindly communicate with us utilizing the details provided hereunder.
In observance of the DPF Principles, EngageBay pledges to address grievances related to our acquisition and utilization of your Personal Data with respect to the DPF Principles. We shall embark on an investigation and endeavor to resolve any DPF Principles-associated grievances within a span of 45 days. Individuals from the EU, UK, and Switzerland with queries or grievances regarding our treatment of Personal Data, procured on the reliance of the DPF Principles, are advised to initially liaise with EngageBay at the specified contact point.
>Under specific circumstances, as elaborated on the , DPF website, you may be granted the prerogative to instigate binding arbitration subsequent to the exhaustion of other dispute resolution modalities. The Federal Trade Commission maintains oversight over EngageBay's adherence to the DPF Principles.
Pertaining to an onward transfer scenario, EngageBay retains accountability for the processing of Personal Data it garners under the DPF Principles and which is subsequently dispatched to a third entity functioning as a representative on our directive. EngageBay shall persist as liable in terms of the DPF Principles if our designated agent processes your Personal Data in a manner discordant with the DPF Principles, except in instances where EngageBay is absolved from culpability for the incident precipitating the detriment.
It is imperative to acknowledge that in specific scenarios, we may be mandated to unveil your Personal Data pursuant to lawful directives by public officials, encompassing those necessary for national security or law enforcement imperatives.
You may direct any inquiries or complaints related to our DPF compliance to gdpr@engagebay.com. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, you may contact our U.S.-based third party dispute resolution provider (free of charge) at JAMS.
Under certain conditions, more fully described on the DPFwebsite you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
In compliance with the DPF Principles, EngageBay commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our DPF policy should first contact EngageBay at:
Billy Lucas, Legal Counsel - gdpr@engagebay.com
EngageBay has further committed to refer unresolved DPF complaints to JAMS an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit JAMS or contact Mara Satterthwaite, JAMS Business Manager, 702-835-7803 or send email for more information or to file a complaint. The services of JAMS are provided at no cost to you.
EngageBay and its partners use cookies or similar technologies (such as web beacons) to analyze trends, administer the website, track users’. movements around the website, and to gather demographic information about our user base as a whole. To find out more about how we use cookies on our Website and how to manage your cookie preferences please see our Cookie Policy.
Our customers can use the tools we provide, as well as tools provided by third parties, to collect Navigational Information when you visit their webpages on the Subscription Service. EngageBay does not control our customers' use of these tools, nor do we control the information they collect or how they use it.
You can log in to our site using a Single Sign-on (SSO) service like your Google account. This service will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Such services may give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
Notwithstanding anything else in this Privacy Policy, if your App is provided access to your Google data, the App's use of that data will be subject to these additional restrictions:
The Adobe Flash Player (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies but these are managed through a different interface than the one provided by your Web browser. This technology creates locally stored objects that are often referred to as "Flash cookies." EngageBay does not use Flash cookies. However, our customers of our software platform may create pages on the EngageBay platform that employ Adobe Flash cookies. For more information on "Flash cookies" and how you can manage them please visit our Cookie Policy.
We partner with a third party ad network to either display advertising on our Website. Our ad network partner uses cookies and Web beacons to collect information about your activities on this Website to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out. If located in the European Union, by clicking here: http://www.youronlinechoices.eu/. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.
The use of cookies and web beacons by any tracking utility company is not covered by our Privacy Policy or Cookie Policy.
You have the following data protection rights:
To exercise any of these rights, please contact us at legal@engagebay.com or by mail to:
EngageBay Inc, 1007 North Orange Street 4th Floor #180 Wilmington, DE 19801, Attention: Privacy.
We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.
Our ‘Terms Of Policy’, at https://www.engagebay.com/legal/terms-of-service, applies to us and to our customers and, among other things, prohibits use of the Subscription Service to send unsolicited commercial email in violation of applicable laws, and requires the inclusion in every email sent using the Subscription Service of an "opt-out" mechanism and other required information. We require all of our customers to agree to adhere to the ‘Terms Of Policy’ at all times, and any violations of the ‘Terms Of Policy’ by a customer can result in immediate suspension or termination of the Subscription Service.
You may unsubscribe from our marketing communications by clicking on the "unsubscribe" link located on the bottom of our emails, updating your communication preferences, or by sending us email us at legal@engagebay.com or postal mail to EngageBay Inc, 1007 North Orange Street 4th Floor #180 Wilmington, DE 19801, Attention: Privacy.. Customers cannot opt out of receiving transactional emails related to their account with us or the Subscription Service.
Our customers are solely responsible for their own marketing emails and other communications. we cannot unsubscribe you from their communications. You can unsubscribe from our customers' marketing communications by clicking on the "unsubscribe" link located on the bottom of their emails, or by contacting them directly.
This section applies only to consumers from the state of California. For purposes of this section "Personal Information" has the meaning given in the California Consumer Privacy Act (“CCPA”). It describes how we collect, use, and share California consumers' Personal Information in our role as a business, and the rights applicable to such residents. The California Consumer Privacy Act ("CCPA") requires businesses to disclose whether they sell Personal Information.
EngageBay is into the business of providing services, also referred to as a service provider, and does not sell Personal Information. We may share Personal Information with third parties if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Information.
If you are unable to access this Privacy Policy due to a disability or any physical or mental impairment, please contact us and we will arrange to supply you with the information you need in an alternative format that you can access.
We have collected the following statutory categories of Personal Information in the past twelve (12) months:
The business and commercial purposes for which we collect this information are described in Section 2 of this Privacy Policy. The categories of third parties to whom we "disclose" this information for a business purpose are described in Section 3 of this Privacy Policy.
You have certain rights regarding the Personal Information we collect or maintain about you. Please note these rights are not absolute, and there may be cases when we decline your request as permitted by law.
The right of access means that you have the right to request that we disclose what Personal Information we have collected, used and disclosed about you in the past 12 months.
The right of deletion means that you have the right to request that we delete Personal Information collected or maintained by us, subject to certain exceptions.
The right to non-discrimination means that you will not receive any discriminatory treatment when you exercise one of your privacy rights.
EngageBay does not sell Personal Information to third parties (pursuant to California Civil Code §§ 1798.100–1798.199, also known as the California Consumer Privacy Act of 2018).
You can exercise your rights yourself or alternatively by designating an authorized agent to exercise these rights on your behalf. Please note that to protect your Personal Information, we will verify your identity by a method appropriate to the types of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent's identity to protect your Personal Information.
Please use the contact details below, if you would like to:
Data Protection Cell (DPC)
gdpr@engagebay.com; legal@engagebay.com
EngageBay, Inc.
EngageBay Inc.,1007 North Orange Street 4th Floor #180 Wilmington, DE 19801
