II. Some Definitions:
The terms "AppRiver," "Company," "we," or "us" all mean AppRiver, LLC, a Florida Limited Liability Company, or any successor.
"Email Information" means information, such as header information and content, associated with particular emails.
"Personal Information" means information about an individual who is a User or Visitor.
"Sensitive Information" means Personal Information that a reasonable person would consider sensitive, such as information about a person's race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information that concerns an individual's health.
"Services" means the services we offer including hosted email (our "Hosted Exchange Email Service"), email screening for spam and malware (our "SecureTide Email Protection Service") and web filtering for protection from malware and policy management (our "SecureSurf Web Protection Service").
"User" means an individual who uses one or more of the Services.
"Visitor" means an individual who visits the Website and is not a User.
"Website" means the website for which the URL for the home page is www.appriver.com.
III. Categories of Information We Collect:
B. Information From Use of Services. We use various types of tracking software, such as "cookies" which collect information about you when you visit our website or when you use any of our Services. Information collected includes, but is not limited to, your browser type and version, your operating system and platform, when you open email that we send you (example: AppRiver Newsletter) and other information. You may turn off part or all of our tracking software which has been placed on your computer by following the instructions on your browser. However, if you prevent the use of tracking software, it will be more difficult, and may be impossible, for you to use some Services.
C. Information From Other Sources. We may obtain additional information about you by running searches (and having searches run) based on your domain or other information.
D. Email Information. In connection with providing our email hosting and screening Services, we are able to access unencrypted email content and headers.
E. Web Surfing. Our SecureSurf Service is designed to protect Users from malware, allow employers to restrict employee access to inappropriate sites and give employers the ability to track and collect the web histories of their employees. As a result, we may obtain a limited amount of web surfing history.
IV. Use of Personal Information:
We may use Personal Information as follows:
A. To Enforce Our Agreements. We may use the information in a good faith effort to enforce our agreements, such as our subscription agreements.
B. To Enforce Compliance with Applicable Law. We may use the information in a good faith effort to enforce compliance with applicable law.
C. To Provide Services. We may use the information to provide, manage, maintain and improve our Services, including improving our algorithms, and to provide customer support.
D. To Bill and Collect Sums Owed to Us. We may use the information to bill and in a good faith effort to collect sums owed to us.
E. To Promote our Services to You. We may use the information to promote one or more of our Services to you.
G. To Protect the Rights and Safety of Us and Others: We may use the information in a good faith effort to protect the rights and safety of us, our clients, our employees, our Users and others.
H. To Meet Legal Requirements. We may use the information in a good faith effort to meet legal requirements, such as complying with court orders and subpoenas.
I. Court, Arbitration or Similar Proceedings. We may use the information in a good faith effort to prosecute or defend a court, arbitration or similar proceeding.
J. Consent. We may use the information for any other purpose, provided we have consent of each individual who is the subject of the information.
V. Disclosure of Personal Information:
We may disclose Personal Information as follows:
A. To Enforce our Agreements. We may disclose the information in a good faith effort to enforce our agreements, such as our subscription agreements.
B. To Enforce Compliance with Applicable Law. We may disclose the information in a good faith effort to enforce compliance with applicable law.
C. To Provide Services. We may disclose the information to third party service providers to provide, manage, maintain and improve our Services, including improving our algorithms, and to provide customer support.
D. To Bill and Collect Sums Owed to Us. We may disclose the information to bill and in a good faith effort to collect sums owed to us.
E. To Provide Information to Our Representatives and Advisors. We may disclose the information to our representatives and advisors, such as attorneys and accountants, to help us comply with legal and other requirements.
F. To Protect the Rights and Safety of Us and Others: We may use the information in a good faith effort to protect the rights and safety of us, our clients, our employees, our Users and others.
G. To Meet Legal Requirements. We may disclose the information in a good faith effort to meet legal requirements, such as complying with court orders and subpoenas.
H. Court, Arbitration or Similar Proceedings. We may disclose the information in a good faith effort to prosecute or defend a court, arbitration or similar proceeding.
I. Consent. We may disclose the information for any other purpose provided we have consent of the individual who is the subject of the information.
VI. Email Information:
We may use and disclose your Email Information as follows:
A. To Provide the Services. We may use such information to provide, maintain and improve our Services.
B. To Meet Legal Requirements. We may use and disclose the information in a good faith effort to meet legal requirements, such as complying with court orders and subpoenas. Where legally permitted, we will exert commercially reasonable efforts to notify you of any such legal proceeding before complying.
C. To Provide Access to Your Employer. If you are a User of an account paid for by a Customer other than you, such as your employer, such Customer may have a right to have access to such information.
VII. Sensitive Information:
We do not intentionally collect Sensitive information. However, if Sensitive Information is included in emails you send or receive, we will have access to such information. We will only use and disclose such information for the very limited and restricted purposes provided in “VI” above.
VIII. Restrictions on Recipients of Information:
When not impractical, such as when we are disclosing information in response to a subpoena in connection with a criminal investigation, or inapplicable, such as when the Customer is your employer and monitors email, before we disclose Personal or Email Information, we will require that the recipients enter into agreements for the restrictions that apply to us to also apply to the recipients of the information.
IX. Safeguarding Your Information:
A. We are committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store the personal information we collect on computer systems with limited access which are located in controlled facilities.
B. If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer you should always log out before leaving a site or service to protect access to your information from subsequent users.
C. Credit card information is received by us over a secure connection and not used, shared or stored except in connection with processing payments or as required by law. The information is shared only with processors who have entered into a written agreement with us committing to securing and maintaining the confidentiality of the information.
D. We also take action to protect user information off-line. All personal information is kept restricted in our offices. Only employees and independent contractors who need the information to perform a specific job are granted access.
XI. Accuracy of Data and Right to Review:
A. To the extent that you provide us with current information, we do our best to keep your data accurate and up-to-date . If your data changes (including, but not limited to, a change in your email address) then you are responsible for notifying us of those changes so that we can keep your records up-to-date.
B. Upon your request, and subject to your paying any sums we require be paid in advance, we will provide you with the Personal Information and, when appropriate, Email Information that we have collected and maintained about you, to which you do not already have access, within 30 days of any request you make for such information. We may charge a reasonable fee and require a reasonable advance deposit for providing this information.
XII. Links to Other Websites:
XIII. Assets Transferred To Successor:
XIV. US-EU and US-Swiss Safe Harbors:
AppRiver complies with the US-EU Safe Harbor Framework and the US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland. AppRiver has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/.
XV. Dispute Resolution:
1101 Gulf Breeze Pkwy, Suite 200
Gulf Breeze, FL 32561
AppRiver has further committed to refer unresolved privacy complaints under the US-EU Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by AppRiver, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.
XVI. Effective Date:
1101 Gulf Breeze Pkwy, Suite 200
Gulf Breeze, FL 32561