Posted on November 15, 2019.
Effective as of December 1, 2019. — Previous Version
Urban Airship, Inc. d/b/a Airship and its affiliates, including, Apptimize, LLC., Urban Airship UK Ltd., Urban Airship Germany GmbH, and Urban Airship India Private Ltd. (collectively, “Airship,”“we” or “us”) are committed to protecting the privacy of Personal Information you provide to us. Accordingly, Airship provides this privacy and information practices statement to inform you about our information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can correct or change such information (“Privacy Statement”).
1. What this Privacy Statement covers.
This Privacy Statement applies to information that we collect when you: (i) visit our websites including www.airship.com and www.apptimize.com (the “Sites”); (ii) use our mobile applications, mobile wallet passes, and other software applications made available by us for use on or through computers and mobile devices that link to this Privacy Statement; (iii) visit our branded social media pages; (iv) visit our offices; (v) receive communications from us, including emails, phone calls or texts; (vi) register for, attend and/or otherwise take part in our events, webinars or contests; (vii) submit a job application to us; or (vii) use the Airship Platform as an authorized user (for example, as an employee of one of our customers who provided you with login access to the Airship Platform where we act as a controller of your data (collectively, including the Sites, the “Services”). “You” refers to any individuals who visits or uses the Services.
In general, with respect to the Personal Information we collect directly from Sites or other Services, Airship is a data controller. This means that as a data controller we determine the purposes for which and the manner in which the Personal Information we collect is to be processed. “Personal Information” is any information relating to an identified or identifiable natural person.
This Privacy Statement does not apply to the extent we process Personal Information in the role of a data processor or service provider on behalf of our business customers, such as information we receive and process through Airship’s technology platforms (including the Airship Customer Engagement Platform, and the Apptimize Testing Platform) and related services (collectively, “Airship Platform”). For privacy information related to our business customer’s use of the Airship Platform in connection with their mobile application, websites, emails, texts or other digital properties, please reach out to the respective business customer directly.
California residents and Customers with business in the State of California may read our CCPA Privacy Notice here.
2. What Personal Information does Airship collect?
In general, we collect information from you based upon our business relationship, your use of our Services, and includes information that may be deemed Personal Information, such as title, name, address, phone number, email address, user name, IP address, and billing and payment information related to payments for Services.
2.1 Personal Information we collect directly.
Site usage. When you use the Services or fill out forms on our Site, we may provide you with opportunities to sign up to receive specific information or Services, download a white paper, or register for an event or webinar, and we may ask for your contact information (e.g., name, title, company name, company address, phone number or email address). We also automatically collect information as described in Section 5 below.
Registering for and attending an event. If you register to attend an event, we may ask for your contact information. If you attend an event, we may with your consent scan your attendee badge, which will provide us with your information, such as name, title, company name, address, country, phone number and email address.
Your communications with us. We collect Personal Information from you such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, request customer or technical support, apply for a job or otherwise communicate with us.
Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include Personal Information.
Social media content. We may offer forums, blogs, or social media pages. Any content you provide on these channels will be considered “public” and is not subject to privacy protections.
Registration for sweepstakes or contests. We may run sweepstakes and contests. Contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
Visiting our offices. If you visit our offices, you may be required to register as a visitor and provide your name, email address, phone number, company name and time and date of arrival.
2.2 Personal Information collected from others.
We may also receive your Personal Information from third parties who provide us with contact information for prospects or leads. When acquiring information from third parties, we will obtain contractual commitments from the third parties that the information was acquired lawfully and with the appropriate level of consent.
3. How does Airship use Personal Information?
We use Personal Information that we collect about you or that you provide to us for a range of different business purposes. Depending on how you interact with us, we and our third party service providers use Personal Information in a variety of ways, including:
Providing information and Services you requested. We may use the Personal Information about you to fulfill requests for programs, Services, or information that you may request, including information about potential or future Services, including to: (a) generally manage your information and accounts; (b) respond to questions, comments and requests; (c) provide access to certain areas and features of the Services; (d) link or combine information we get from others to help understand your needs and provide you with better Service; and (e) allow you to register for events, participate in a contest or promotion, post in a forum or participate in webinars, and provide related information and communications.
Marketing products and services. We may use the Personal Information about you to provide you with materials about offers, products and services offered by us, including new content or information about future services. We may provide you with these materials by phone, postal mail, facsimile, text or email, as permitted by applicable law. Such uses include: (a) to tailor content, advertisements, and offers; (b) to notify you about offers, products, and services that may be of interest to you; (c) to provide Services to you; (d) for other purposes disclosed at the time that you provide Personal Information; or (e) otherwise with your consent. If you do not wish us to use your Personal Information for marketing purposes, you may contact us at any time to opt out of the use of your Personal Information for such purposes, as further described below.
Research and development. We may use your Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products, processes and services.
Deidentified and aggregated data. We may use your Personal Information and other information about you to create deidentified or aggregated information, such as deidentified demographic information, deidentified location information, information about the computer or device from which you access the Sites or other online Services, or other analyses we create. Deidentified or aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Deidentified or aggregated information is not Personal Information, and Airship may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within Airship and with third parties for our or their purposes in a de-identified or aggregated form that is designed to prevent anyone from identifying.
Public content. If you post any content to our website forums, we may publish this content and make it generally available to any user or visitor of our website.
Complying with legal obligations. We may use your Personal Information when cooperating with public and government authorities, courts or regulators in accordance with our legal obligation under applicable laws to protect our rights or is necessary to protect against misuse or abuse of our Sites or Services, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes or to respond to lawful requests.
Other Uses. We may use your Personal Information for other purposes disclosed to you at the time you provide Personal Information or with your consent.
4. With whom does Airship share Personal Information?
We may share your Personal Information as follows:
Service Providers. Airship may share Personal Information with our service providers that we have retained to perform Services on our behalf including (i) provision of IT and related Services; (ii) provision of information and Services you have requested; (iii) payment processing; and (iv) customer service activities. Payment information will be used and shared only to effectuate your order and may be stored by a service provider for purposes of future orders. Airship has executed appropriate contracts with our service providers that prohibit service providers from using or sharing your personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
Business Partners. From time to time, Airship may partner with other companies to jointly offer products, services or programs (such as webinars, events or downloadable content). If you purchase, specifically express interest in or register for a jointly-offered product, service or program from or through Airship, we may share your Personal Information with our business partners. Airship does not control our business partners’ use of shared Personal Information and their use of such Personal Information will be in accordance with their own privacy policies. If you do not wish for your Personal Information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or service.
Affiliates. We may share personal information with our affiliated companies.
Advertising Partners. Through our Services, we may allow third party advertising partners to set technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising. We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below.
Protection of Airship and others. We may disclose Personal Information about you: (i) if we are required to do so by law, court order or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation; (iv) to enforce Airship policies or contracts; (v) to collect amounts owed to Airship; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
In addition, from time to time, server logs and other systems may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, records containing Personal Information may be shared with service providers, third parties and law enforcement bodies in order that they may prevent fraud and/or identify users in connection with their investigation of the unauthorized activities.
Business Transfers. We reserve the right to disclose or transfer any information we have about you in the event of a proposed or actual purchase, any reorganization, sale, lease, merger, joint venture, assignment, amalgamation or any other type of acquisition, disposal or financing of all or any portion of our business or of any of the business assets or shares (including in connection with any bankruptcy or similar proceeding).
5. What device and usage data does Airship process?
We use common information-gathering tools for collecting usage data, cookies, web beacons and similar technologies to automatically collect information that may contain Personal Information from your computer or mobile device as you navigate our Sites or use our Services.
5.1 Cookies, web beacons and other tracking technologies in our Services.
Cookies. A cookie is a small text file that a website saves on your computer or mobile device when you visit the website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie, to develop a record of the user’s online activity. When you visit our Sites, we or an authorized third party may place a cookie on your browser and/or device, which collects information, including Personal Information, about your online activities over time and across different sites. Cookies allow us to track usage, determine your browsing preferences and improve and customize your browsing experience.
Types of cookies on our Sites.
- Essential Cookies. These cookies are necessary for the Sites to function and cannot be switched off. Some examples include: session cookies needed to transmit the website, authentication cookies and security cookies. These cookies also support certain features on the Sites, such as the live chat feature. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.
- Functional Cookies. These cookies enhance functions, performance and services on the Sites. They allow us to count visits and traffic sources so we can measure and improve the performance of our Sites. Functional cookies also allow us to improve how our Sites function and to help us provide you with more relevant communications, including marketing communications. They help us to know which pages are the most and least popular and see how visitors move around and use the Sites. We may use our own technology or third party technology to track and analyze usage information to provide enhanced interactions and more relevant communications and to enable certain features on the Sites.
- Targeting Cookies. These cookies track activity across websites in order to understand a visitor’s interest, and to direct specific marketing to them. Targeting and advertising cookies may be set through our Site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites.
To change your cookie settings and preferences for the Site you are visiting use the Cookie Settings link at the bottom of the webpage, or use the button below.
Web beacons. We also use web beacons (sometimes called “pixel tags” or “tracking pixels”). These are tiny graphics files that contain a unique identifier that is embedded in our Sites and in our emails or other communications that are sent through our Services. This allows us, for example, to monitor the traffic patterns of users from one page within our Site to another, to track access to the communications sent through our services, to understand whether you have come to our Sites from an online advertisement displayed on a Third-Party website or whether you have viewed advertisements on our Sites or through the Services, or to improve our Sites’ performance. For more information about cookies, and how to disable them, please see “Your Privacy Choices” below.
SDKs. We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including analytics and advertising partners to collect your personal information for various purposes including to provide analytics services and content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below
5.2 Social Media Features.
Airship may collect Personal Information to enable individuals to use online social media resources offered either by Airship or a third party. We may also enable you to use these social media resources to post or share Personal Information with others. When using social media resources, you should take into careful consideration what Personal Information you share with others.
We may also use Google Analytics and Google Analytics Demographics and Interest Reporting and other similar providers to collect information regarding visitor behavior and visitor demographics on some of our Sites, and to develop website content. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. You can also opt out of our analytics partners by setting your preference in the Cookie Preference link at the bottom of the web page of the Site you are visiting.
6. International data transfers
We primarily store Personal Information sent or collected via or by us in the United States, in the cloud, our servers, the servers of our affiliates or the servers of our service providers. To facilitate our global operations, we may transfer, store and access such information from around the world. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to us, you consent to the storage of your Personal Information in these locations.
7. Privacy Shield Framework
Airship companies, Urban Airship, Inc. and Apptimize, Inc., comply with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, Switzerland and the United Kingdom to the United States in reliance on Privacy Shield. Urban Airship, Inc. and Apptimize, Inc. have certified to the Department of Commerce that they adhere to the Privacy Shield Principles with respect to such information. If there is any conflict between the terms in this privacy statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
In compliance with the Privacy Shield Principles, Urban Airship, Inc. and Apptimize, Inc. commit to resolve complaints about our collection or use of your Personal Information. EU, Swiss and UK individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at: firstname.lastname@example.org.
If your Personal Information was received in reliance on the Privacy Shield Framework and you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider JAMS, at no cost to you, at https://www.jamsadr.com/eu-us-privacy-shield. Under certain conditions, more fully described on the Privacy Shield website,https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration after other dispute resolution procedures have been exhausted.
Urban Airship, Inc. and Apptimize, Inc. remain liable for the processing of Personal Information received under the Privacy Shield and subsequently transferred to a third party acting on our behalf if this entity processes such Personal Information in a manner inconsistent with the Privacy Shield Principles.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Urban Airship, Inc. and Apptimize, Inc. are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
8. What security measures does Airship have in place?
The security of all Personal Information provided to us is important to us, and we take reasonable steps designed to protect your Personal Information. Unfortunately, no data transmission over the Internet or storage of information can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of information you transmit to Airship. You are responsible for maintaining the secrecy of your own passwords. If you have reason to believe that your passwords or Personal Information is no longer secure, please promptly notify us at email@example.com
9. How long does Airship retain Personal Information?
We retain the Personal Information we receive as described in this Privacy Statement for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our products and Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws.
10. Are Airship’s Sites for Children?
Due to the nature of our business, Services are not marketed to or intended for minors under the age of 18. Airship does not knowingly solicit or collect Personal Information from children under the age of 16. If you are a parent or guardian and believe your child has provided us with Personal Information without your consent, please contact us by using the Contact Us information nelow, and we will take steps to delete such Personal Information from our Services.
11. Your privacy rights
Opt-out. Where you have consented to our processing of your Personal Information, you may withdraw that consent at any time and opt out by following the instructions in this section. Note that, due to the nature of the Services, you may have to login to your account or provide the email and/or other identifying value that is associated with your Personal Information in order for us to complete your request.
Opt-out of cookies and ads. 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, or for this Site using the Cookies Settings link at the bottom of the webpage. 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, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice.
Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Airship does not recognize or respond to browser-initiated DNT signals, whether that signal is received on a computer or a mobile device. For information about “do-not-track”, visit http://www.allaboutdnt.org.
Access, correct, amend or delete Personal Information. You may seek confirmation regarding whether we are processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate or has been processed in violation of applicable data protection laws. You have the right to control or change certain uses and disclosures of your Personal Information, as set out in this Privacy Statement.
Where otherwise permitted by applicable law, you may log into your account or email firstname.lastname@example.org to request access to, receive (port), restrict processing, seek rectification or request erasure of Personal Information held about you by us. Such requests will be processed in accordance with local laws. Although we make good faith efforts to provide individuals with access to their Personal Information, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
EU residents. If you are located in the European Economic Area or the UK, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your Personal Information violates applicable law.
CA residents. Please refer to the California Privacy Rights page here.
Customer Data. As a data processor for our business customers, we processe data that may include Personal Information of our business customer’s end user clients (“Customer Data”). We will not review, share, distribute or reference any such Customer Data except as provided in the agreements between us and our business customers, or as may be required by law. If Personal Information pertaining to you as an individual has been submitted to us by our business customer and you wish to exercise any rights you may have to access, correct, amend or delete such data, please inquire with the relevant customer directly. Because Airship personnel have limited ability to access Customer Data, if you wish to make your request directly to us, please provide the name of the relevant Airship customer. We will refer your request to that customer and will support them as needed in responding to your request.
Redress, compliance and accountability. If after reviewing this Privacy Statement, you would like to submit a request or you have any questions or privacy concerns, please contact:
Airship will address your concerns and attempt to resolve any privacy issues in a timely manner.
If you are an EU, Swiss or UK citizen and feel that Airship is not abiding by the terms of this Privacy Statement, please contact us at the contact information provided below. If any request remains unresolved, you may contact the national data protection authority for your EU Member State, Switzerland or United Kingdom.
12. Third Party Sites
13. Changes to this Privacy Statement
We may update this Privacy Statement from time to time as it deems necessary in our sole discretion. We will provide notification of any material changes to this Privacy Statement through our Sites or as otherwise required by applicable law. We encourage you to review this Privacy Statement periodically to be informed regarding how We are using and protecting your Personal Information and to be aware of any policy changes. Your continued relationship with us after the posting or notice of any amended Privacy Statement shall constitute your agreement to be bound by any such changes. Any changes to this Privacy Statement take effect immediately after being posted or otherwise provided by us.
14. Contact Us
If you have any questions about our privacy practices or this Privacy Statement, or if you wish to submit a request to exercise your rights, please contact us at:
1225 West Burnside, Suite 401
Portland, OR 97209