Effective as of April 17, 2019. — Previous Version
Urban Airship, Inc. and its operating divisions, subsidiaries, affiliates and branches (collectively, “Airship,” the “Company,” “we” or “us”) are committed to protecting the privacy of information you provide to us. Accordingly, Airship provides this privacy and information practices statement to inform you about our online 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”). This new version of the Privacy Statement updates the May 21, 2018 version by including Airship’s new branding, including personal data received from the UK in Airship’s Privacy Shield certification scope post Brexit, and updates to the cookie notice and preference center.
Except as where otherwise indicated, this Privacy Statement applies to individuals who visit Airship’s websites (the “Sites”), individuals who register to attend the Airship’s online or offline events, use the Airship Platform, Airship’s mobile applications, mobile wallet passes, or other programs, services or offerings of Airship (together with the Sites and any and all future online and offline offerings, products, services or programs operated by or on behalf of Airship, the “Services”).
Transparency/Notice–What Personal Information We Collect and How We Use It
The types of Personal Information we may collect (directly from you or from Third Party-sources) and our privacy practices depend on the nature of the relationship you have with Airship and the requirements of applicable law. Below are some of the ways we collect information and how we use it.
INFORMATION AIRSHIP COLLECTS
In general, Airship collects 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, Internet Protocol address, and billing and payment information related to payments for Services or programs.
HOW AIRSHIP COLLECTS PERSONAL INFORMATION
Some of the ways that Airship may collect your Personal Information include:
- Airship may collect Personal Information from you through various channels, including the Services, in surveys, during business or marketing events, and when delivering Services to you.
- When you use the Services, Airship may provide you with opportunities to sign up to receive specific information and may ask for your contact information (e.g. name, company name, company address, phone number or email address), so that we can send you specific information about our Services, with your consent.
- As you navigate the Sites and use the Services, certain passive information may also be collected, including Internet Protocol addresses, cookies, navigational data, advertisements clicked, the name of the domain and host from which you access the Internet, the browser software you use and your operating system, your browser settings, your mobile device type, the date and time you access our Services and other device identifiers. This type of information is used for the purposes of gathering data to provide improved administration of our Services, and to improve the quality of your experience when interacting with our Services.
INFORMATION FROM THIRD-PARTY SOURCES
Airship may collect information about you from Third-Party sources to supplement information provided by you, including Internet Protocol addresses, cookies, navigational data and advertisements clicked. This supplemental information allows us to verify information that you have provided to Airship and to enhance our ability to provide you with information about our business, products and Services. Airship’s agreements with these Third Party-sources typically limit how the Airship may use this supplemental information.
From time to time, Airship may perform research (online and offline) via surveys. We may engage Third Party-service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve individuals by learning more about their needs and the quality of the products and Services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities. If an individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous individual and aggregate data for research and analysis purposes.
HOW AIRSHIP USES YOUR PERSONAL INFORMATION
Depending on how you interact with Airship, we and our Third Party-service providers may also use Personal Information in a variety of ways, including:
- Providing Information and Services You Requested. Airship 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; and (d) allow you to register for events or participate in webinars.
- Marketing Products and Services. Airship 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 on Airship Sites. Airship may provide you with these materials by phone, postal mail, facsimile 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. Airship 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.
- Anonymous and Aggregated Data. Including as discussed below, Airship may use and share your anonymized or aggregated information within the Airship group of companies or with Third Parties for research, analytics and any other legally permissible purposes.
- Other Uses. Airship may use your Personal Information for other purposes disclosed to you at the time you provide Personal Information or with your consent.
Generally, online social media resources are interactive tools that enable individuals to collaborate and share information with others. Social media resources include, but are not limited to, social networks, discussion boards, bulletin boards, blogs, wikis, and referral functions to share web site content and tools with a friend or colleague.
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.
If you use on online social media resource offered by a Third Party (“Third Party SMR”) through the Services, you acknowledge that Airship may be able to access any information you make public through such Third Party SMR (such as your username, comments, posts and contacts) and other information your privacy settings on such Third Party SMR permit Airship to access. Airship will comply with the terms of this Privacy Statement and the privacy policies applicable to the social media resources it uses.
DIRECT MAIL AND EMAIL MARKETING
Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may receive periodic emails, newsletters or mailings from us with information on Airship or our business partners’ products and Services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the individual by following the instructions in the Choice/Modalities to Opt-Out section below.
ALL INTERNET USERS – COOKIES, WEB BEACONS, FLASH COOKIES, ANALYTICS INFORMATION, AND INTEREST-BASED ADVERTISING
Like many other websites, Airship or its business partners may employ cookies on the Sites. Our Cookie Notice provides more information.
Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like 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.
FLASH COOKIES OF LOCAL SHARED OBJECTS
Our Sites may also use so-called “Flash Cookies” to, among other things, collect and store information about your use of our Services, fraud prevention and for other Site operations.
If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the Website Storage Settings Panel. You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to “information” on the Macromedia site), how to prevent Flash Cookies from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time).
Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content
We may also use Google Analytics and Google Analytics Demographics and Interest Reporting 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.
Airship may provide websites, applications and online resources that are specifically designed to be compatible and used on mobile devices. Airship will collect certain information that your mobile device sends when you use such websites, applications or online resources, like a push token, device identifier, location, user settings and the operating system of your device.
Mobile versions of Airship’s Sites may require that users log in with an account. In such cases, information about use of each mobile version of the website may be associated with user accounts. In addition, Airship may enable Individuals to download an application, widget or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit Personal Information to Airship to enable you to access user accounts and to enable Airship to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. Airship may use personal or non-identifiable information transmitted to the Company to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Statement or in other notices Airship provides.
ANONYMOUS AND AGGREGATED INFORMATION
Airship may use your Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Sites or other online Services, or other analyses we create. Anonymized and 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. Anonymized 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 an anonymized or aggregated form that is designed to prevent anyone from identifying you.
Choice/Modalities to Opt Out
You have the right to opt out of certain uses and disclosures of your Personal Information, as set out in this Privacy Statement.
Where you have consented to Airship’s processing of your Personal Information, you may withdraw that consent at any time and opt out by following the instructions in this section. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will provide information regarding the new purpose and give you the opportunity to opt out. Note that, due to the nature of the Services, you may have to provide the email or other identifying value that is associated with your Personal Information in order for Airship to segregate out the use and retention of such Personal Information.
Prior to disclosing Sensitive Data to a Third Party or processing Sensitive Data for a purpose other than its original purpose or the purpose authorized subsequently by the individual, Airship will endeavor to obtain each individual’s explicit consent (opt-in). Where consent of the individual for the processing of Personal Information is otherwise required by law or contract, Airship will comply with the law or contract.
“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. At this time, there is no general agreement on how companies like Airship should interpret DNT signals. Therefore, 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.
INFORMATION WE SHARE
Airship does not sell or otherwise disclose Personal Information about you, except as described in this Privacy Statement or as you explicitly consent. Airship endeavors to require third parties to which it discloses Personal Information to protect Personal Information using substantially-similar standards to those required by Airship (and at least the same level of privacy protection as is required by the Privacy Shield Principles and this Privacy Statement).
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.
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, the Company may share your Personal Information collected in connection with your purchase or expression of interest with our business partners. Airship does not control our business partners’ use of shared Personal Information and their use of such information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or service.
INFORMATION DISCLOSED FOR OUR PROTECTION AND THE PROTECTION OF OTHERS
We may disclose 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 may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing Personal Information may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
INFORMATION DISCLOSED IN CONNECTION WITH BUSINESS TRANSACTIONS
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). Should such an event occur, Airship will endeavor to direct the transferee to use Personal Information in a manner that is consistent with this Privacy Statement.
Airship primarily stores Personal Information sent or collected via or by Airship in the United States, in the cloud, our servers, the servers of our affiliates or the servers of our service providers. To facilitate the Airship’s global operations, Airship 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 Airship, you consent to the storage of your Personal Information in these locations.
PRIVACY SHIELD FRAMEWORK
Airship complies 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. Airship has certified to the Department of Commerce that it adheres 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, Airship commits 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 Airship at: email@example.com.
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 remains 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, Airship is 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.
Rights of Access, Rectification, Erasure and Restriction
YOUR PERSONAL INFORMATION
You may seek confirmation regarding whether Airship is 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. Where otherwise permitted by applicable law, you may 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 Airship. Such requests will be processed in accordance with local laws. Although Airship makes good faith efforts to provide individuals with access to their Personal Information, there may be circumstances in which Airship is 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 Airship determines 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, Airship will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
As a data processor for our Customers, Airship processes data that may include Personal Information of Users (“Customer Data”). Airship will not review, share, distribute or reference any such Customer Data except as provided in the agreements between us and our Customers, or as may be required by law. If Personal Information pertaining to you as an individual has been submitted to us by a Customer as Customer Data 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 Airship, 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 within a reasonable timeframe.
Airship retains 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.
The security of all Personal Information provided to Airship is important to us, and Airship takes 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 Airship strives 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 Company at email@example.com.
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 Airship at the contact information provided above. If any request remains unresolved, you may contact the national data protection authority for your EU Member State, Switzerland or United Kingdom.
Other Rights and Important Information
INFORMATION REGARDING CHILDREN
Due to the nature of Airship’s business, Services are not marketed to minors. Airship does not knowingly solicit or collect Personal Information from children under the age of 13 (and in certain jurisdictions under the age of 16). This applies to any Personal Information directly collected by us, but does not apply to the Personal Information provided to us by Third Party services and organizations or from our Customers regarding Users (please refer to the terms of their respective Privacy Policies). If we learn that we have collected Personal Information from a child under the age of 13 (and in certain jurisdictions under the age of 16) in relation to the Services, we will promptly delete that information.
CALIFORNIA PRIVACY RIGHTS
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the Third Parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. Airship does not share Personal Information with third parties for their own marketing purposes.
LINKS TO THIRD-PARTY DIGITAL PROPERTIES
CHANGES TO THE PRIVACY STATEMENT
Airship may update this Privacy Statement from time to time as it deems necessary in its sole discretion. Airship will provide notification of any material changes to this Privacy Statement through the Company’s Sites or as otherwise required by applicable law. Airship encourages you to review this Privacy Statement periodically to be informed regarding how Airship is using and protecting your information and to be aware of any policy changes. Your continued relationship with Airship 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 Airship.
This Privacy Statement shall be implemented by Airship and all its operating divisions, subsidiaries and affiliates. Airship has put in place mechanisms to verify ongoing compliance with this Privacy Statement. Any Airship employee that violates these privacy principles will be subject to disciplinary procedures.
“Personal Information” is any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“process” or “processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Sensitive Data” or “Sensitive Personal Information” is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Information includes Personal Information regarding EU, Swiss or UK-residents that is classified as a “Special Category of Personal Data” under EU law, which consists of the following data elements: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the individual’s sex life; or (8) information relating to the commission of a criminal offense.
“Third Party” is any natural or legal person, public authority, agency or body other than the individual, Airship or Airship’s agents.