Privacy Policy

I. Introduction:

In line with two of our primary missions, which are to protect our Users from malware and from spam, we place a high priority on protecting the privacy of our Users and Visitors. We do not, and will not, provide Personal Information or Email Information to third parties (i.e. entities not under common control with us) for their sales or marketing. You always have the right to opt out of receiving sales and marketing materials from us and entities under common control with us. This Privacy Policy applies to Personal Information and Email Information collected through the Website and in connection with our Services.


II. Some Definitions:

The terms "AppRiver," "Company," "Roaring Penguin," "we," or "us" all mean AppRiver, LLC, a Florida Limited Liability Company, or any successor.

"Customer" means a subscriber to one or more of our Services. A User may also be a Customer or an employee or independent contractor of a Customer. If a Customer is an individual, but not a User, all the provisions of this Privacy Policy that apply to Users will apply to Customer.

"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.

"You" means the User or Visitor who is reading this Privacy Policy.


III. Categories of Information We Collect:

A. Information You Provide to Us. When you register or subscribe to any of the Services, communicate with our support personnel or otherwise communicate with us, you may provide us with information that we collect. Such information may include your IP address, name, physical address, email address, phone number, cellphone number, credit card information and demographic information. By providing us with this information, you consent to your information being collected, used, disclosed and stored by us in accordance with this Privacy Policy.

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.


The following descriptions and uses of Sensitive and Personal Information shall apply to the collection of both intra-U.S. as well cross-border E.U./Swiss data. In each instance, such data shall be retained only for as long as it is needed per applicable law and legitimate business purpose.


IV. Use of Personal Information:

We may use Personal Information for a variety of legitimate and legal purposes, including, but not limited to:

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 or Improve 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.

F. To Notify Users of Issues Relating to the Providing of Services. We may use the information to notify Users about temporary or permanent changes to, or suspensions of, the Services and changes to any of our agreements or this Privacy Policy.

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, or prosecute or defend a court, arbitration or similar proceeding.

I. Consent. We may use the information for any other legitimate or legally permitted 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 and to prosecute or defend a court, arbitration or similar proceeding.

H. 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. 


X. Changes to Privacy Policy:

Please note that we may change this Privacy Policy from time-to-time. Any changes to this Privacy Policy will be posted to this Website and/or emailed to the last email address you have given to us and will become effective as of the earlier of the date we post the revised privacy policy on the Website or send the email. You may object to any changes within 20 days after the earlier of when the revised privacy policy is posted on our Website or sent to you. If you timely object, none of the proposed changes will be effective with respect to information that we have already collected from you but will apply only to information we collect or access from you in the future. We do need certain information in order to provide each of our Services. Therefore, if you object to changes in our Privacy Policy which relate to our having access to such information, we may not be able to provide you with such Services.


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. You have the right to access your data, rectify or erase your data, restrict the processing of your data and/or request that your data be transferred to your possession in a reasonable format. However, please note that your ability to use our services and products may be materially and adversely affected or restricted by such modification or erasure of your data, including access to many of the basic functions thereof.  We shall endeavor to satisfy these requests within 30 days and there may be a reasonable fee associated therewith. Any such requests, including the request to withdraw consent, shall be sent to the contract information set forth herein.


XII. Links to Other Websites:

Other websites to which we link and which are not owned or controlled by us are not subject to the terms of this Privacy Policy. Any visit you make to those other websites is at your own risk.


XIII. Assets Transferred To Successor:

In the event we transfer our assets to a successor, we will enter into an agreement with the successor for the successor to be a party to and be bound by the terms of this Privacy Policy.

 

XIV. Effective Date:

This Privacy Policy is effective with respect to all data that we have collected, or in the future collect, from you.


XV. Questions:

If you have any questions, comments or concerns or wish to update, delete or change any Personal Information submitted on this website, lodge a complaint, or have any questions about our Privacy Policy, please notify us at [email protected] or through postal at:

AppRiver, LLC
Privacy Department
1101 Gulf Breeze Pkwy, Suite 200
Gulf Breeze, FL 32561

In addition, if applicable to you, you may exercise your right to lodge a complaint with the relevant Supervisory Authority.

 

Privacy Policy v5.3 | 05.18.2018