FROCKET PRIVACY NOTICE
Last Updated: August 29, 2023
ABOUT US
Frocket, LLC. (together with its subsidiaries, "Frocket", "us" or "we") is a leading provider
of email and customer relationship management services to businesses, nonprofits, and other organizations. We refer to the products and services that are ordered by our customers ("Customers") and provided by or on behalf of us to our Customers pursuant to
the Terms of Service here,
as the "Services."
Our Services help our Customers provide timely and relevant marketing and communications on
a cross-media basis. Our Customers can upload contact lists and use our platform to reach their own customers and others through email and other channels. Personal information and other data submitted by or on behalf of a Customer in connection with the Services,
including contact lists (which may include email addresses and other information for a Customer's contacts) and content (including the content of a Customer's campaigns) (collectively, "Customer Data"), belongs to and is controlled by our Customers. Frocket
acts as a service provider or processor to its Customers, including when we offer to Customers various Services through which our Customers (or their affiliates): (i) create their own applications running on our platforms; (ii) sell or offer their own products
and services; (iii) send electronic communications to their contacts through our Services; or (iv) otherwise collect, use, share or process personal information via our Services.
When acting in this capacity, we process Customer Data on behalf of our Customer, and we have
no direct relationship with the end-users who use our Customers' services or products or visit our Customers' websites. Frocket does not process Customer Data except as provided in our Terms of Service with our Customers, available here.
The Customer Data that we handle on behalf of our Customers is not collected on our websites,
but rather through our Customers' independent use of our platform. For example, our Customers may use our platform to encourage their contacts to sign up for their email lists. Emails sent from the Frocket platform include single pixel gifs, also known as
web beacons, which contain unique identifiers that enable us and Customers to recognize when their contacts have opened an email or clicked certain links. These technologies record each contact's email address, IP address, date, and time associated with each
open and click for an email campaign. We use this data at our Customers' direction to create reports for our Customers about how an email campaign performed and what actions their contacts took and to analyze, customize and enhance our Customers' communications
and strategies. For more information about how we process Customer Data, please review our Customer Contact Data
Notice.
We are not responsible for the privacy or data security practices of our Customers, including
with respect to the personal information they collect or upload to our Services. If you are an end user of one of our Customers whose personal information we process and you are seeking to exercise your data rights, you should contact our Customer directly.
INFORMATION COVERED BY THIS PRIVACY NOTICE
This privacy notice and our Cookie
Notice collectively provide details about our practices relating to personal information collected from or about visitors to our websites, our Customers, and others who interact or engage with the Services (collectively, our "Users" or "you"). It
describes how your personal information is collected, used and shared by us in the course of the provision of the Services and operating our website and our business.
This privacy notice only applies to our Users' personal information. It does not apply to any
of our Customers' contacts' personal information included in the Customer Data.
INFORMATION WE COLLECT FROM YOU
In the course of your visits to our websites and applications, and/or your purchase, registration,
or use of the Services, we collect and have collected in the preceding 12 months, the information about you, described below. We collect this information for the purposes described under "How
We Use Your Information".
|
Category of Personal Information Collected |
Examples |
|
Information and Identifiers About You |
Name, address, phone number, email address, employer name, job title, or other similar identifiers, information
you permit us to see when interacting with us, including through social media, or comments and opinions you provide to us such as when you post on message boards, blogs or complete an online form. |
|
Commercial Information |
Services purchased and information relating to your use of our Services. |
|
Financial Information |
Payment information, including credit card data that you provide to us (by way of our Services or otherwise)
when you purchase Services. |
|
Internet/Network Information |
IP address, browser type and version, type of device you use, operating system version, and device identifier,
geographic location (such as country, state, latitude and longitude), pages you view, how you got to our Services and any links you click on to leave our Services, when you update your information, communicate with us, or order new Services; metadata and user
behavioral metrics about your use of our Services and emails we send to you (including clicks and opens), metadata about how your customers, contacts, and users interact with our websites, your interactions with any videos we offer; issues you encounter requiring
our support or assistance. |
|
Tracking Technologies |
Cookies, web beacons, pixels, tags, scripts and other similar technologies ("Tracking Technologies"). For more
information, see our Cookie Notice. |
|
Our Interactions with You |
Information that you may provide during your telephone conversations with us, which we may monitor or record,
or in other forms of communication such as email, short message services and/or multi-media services ("Texts") and virtual chatbots and the third party technology used to operate the chatbots. |
|
Inferences |
Other members of the Frocket corporate family; our partners; third party service providers and vendors; in connection
with a sale, merger, acquisition or corporate reorganization; and legal or regulatory authorities and other relevant third parties for legal reasons. |
|
Survey Information |
If you complete optional surveys that we use for research purposes, we shall collect the information provided
in the completed survey. |
We may combine any information we collect about you with other information we have about you to help us update, expand and analyze our records, identify new customers, and suggest products and services that may be of interest to you.
SOURCES OF INFORMATION
We obtain the categories of personal information listed above from the following sources:
-
Directly from you when you provide it to us, for example prior to or during any registration process, when you call or email us, or send us Texts (for support or otherwise) or
when you use our Services, at trade shows, meetings, seminars, webinars, in surveys or at other events; or at other events;
-
Automatically from your use of our websites, including your interactions with our chatbots and the third party technology used to operate the chatbots, or from your mobile device;
-
From our business partners, service providers, and affiliates;
-
From third parties whom you direct to share information with us;
-
From your online browsing and usage activity; and
-
From public sources, third party data providers, and third party social networking sites, including information that they provide to us if you use your credentials at such social
networking sites to log into some of our Services (such as your name and email address to pre-populate our sign-up form), except for Text message opt-in consents.
In addition to the foregoing, we also obtain information that is provided by you on our public
forums, including the Frocket Community and Frocket Marketplace. With your consent, we may also obtain and post testimonials or reviews for inclusion on our websites or elsewhere. Your posts may remain even after you suspend or cancel your account. Reviews
and contributions to any of our public communities are considered public and non-confidential by us and are not treated as proprietary information or personal information covered by this privacy notice. To request removal of your personal information on our
public forums or on the public portions of our websites, please send an email to frocket@frocket.com.
In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
For more information about cookies and other Tracking Technologies, please review our Cookie
Notice.
HOW WE USE YOUR INFORMATION
We may collect, use or disclose personal information about you for one or more of the following
business and/or commercial purposes:
-
To provide the requested Services to you;
-
To provide you with useful content;
-
To ensure the proper functioning of our Services;
-
To offer, operate, evaluate and improve our Services and our business;
-
To provide you with requested information or technical support;
-
To facilitate your movement through our websites or your use of our Services;
-
To do a better job of advertising and marketing our Services (subject to your consent where required by applicable law);
-
To advertise and market third-party products and services (subject to your consent where required by applicable law), except that we do not use your Text message opt-in consent
to market third-party products and services;
-
To diagnose problems with our servers or our Services;
-
In connection with our security and compliance programs;
-
To comply with law;
-
To enforce the terms governing our Services and website;
-
To administer our websites;
-
To communicate with you, which may include sending you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, telemarketing
calls, Texts or push notifications, information about our Services, news or events) about us, our affiliates and partners;
-
To target current or prospective Customers with our Services through online advertisements served on third-party sites by third-party vendors, such as Google (subject to your consent
where required by applicable law)
-
To assist us in offering you a personalized experience or otherwise tailor our Services to you (for example, in order to provide you with specific resources applicable to your
industry);
-
In connection with sale, merger, acquisition or corporate reorganization; and
-
As otherwise described in this privacy notice and any additional policies linked or referenced herein.
We also use the information we receive to produce reports on trends and statistics, such as
mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our Services.
DISCLOSURE TO THIRD PARTIES BY CATEGORIES OF PERSONAL
INFORMATION
We may disclose, and have disclosed in the past 12 months, the categories of personal information
to the third parties as described in the below chart. We disclose personal information for the purposes described above in the section titled "HOW WE USE YOUR PERSONAL INFORMATION." We disclose personal information to our service providers and vendors to provide
our Services, which include our hosting providers, analytics providers, information technology providers, and other similar providers. If legally required to do so, or if we have a good faith belief that such disclosure is reasonably necessary, we may disclose
your personal information to courts of law, public authorities (including to meet national security or law enforcement requirements), and other relevant third parties, such as internet service providers, to conduct an investigation, respond to a third party
or law enforcement subpoena or court order, to bring legal action, and to prevent harm to others. Notwithstanding anything set forth in this privacy notice, we do not share Text message opt-in consents or related mobile telephone numbers with third parties,
except with our service providers and vendors to provide our Text Services.
|
Category of Personal Information Collected |
Third Party Disclosures |
|
Information and Identifiers About You |
Other members of the Frocket corporate family; our partners; third party service providers and vendors; in connection with a sale, merger, acquisition
or corporate reorganization; authorized users within your organization; and legal or regulatory authorities and other relevant third parties for legal reasons. |
|
Commercial Information |
Other members of the Frocket corporate family; our partners; third party service providers and vendors; in connection with a sale, merger, acquisition
or corporate reorganization; authorized users within your organization; and legal or regulatory authorities and other relevant third parties for legal reasons. |
|
Financial Information |
Other members of the Frocket corporate family; third party service providers and vendors; in connection with a sale, merger, acquisition or corporate
reorganization; authorized users within your organization; and legal or regulatory authorities and other relevant third parties for legal reasons. |
|
Internet/Network Information |
Other members of the Frocket corporate family; our partners; third party service providers and vendors; in connection with a sale, merger, acquisition
or corporate reorganization; authorized users within your organization; and legal or regulatory authorities and other relevant third parties for legal reasons. |
|
Tracking Technologies |
Other members of the Frocket corporate family; our partners; third party service providers and vendors; in connection with a sale, merger, acquisition
or corporate reorganization; authorized users within your organization; and legal or regulatory authorities and other relevant third parties for legal reasons. |
|
Our Interactions with You |
Other members of the Frocket corporate family; our partners; third party service providers and vendors; in connection with a sale, merger, acquisition
or corporate reorganization; authorized users within your organization; and legal or regulatory authorities and other relevant third parties for legal reasons. |
|
Inferences |
Other members of the Frocket corporate family; our partners; third party service providers and vendors; in connection with a sale, merger, acquisition
or corporate reorganization; and legal or regulatory authorities and other relevant third parties for legal reasons. |
|
Survey Information |
Other members of the Frocket corporate family; our partners; third party service providers and vendors; in connection with a sale, merger, acquisition
or corporate reorganization; and legal or regulatory authorities and other relevant third parties for legal reasons. |
In addition, we may disclose your personal information as stated in additional policies linked
or referenced herein and at your direction. If you are located in a jurisdiction where such disclosures require your permission, we will only do so with your consent. For more details about how we disclose information to our partners, about authorized users
of our Services, and for the purchase of domains, please see the below sections.
DISCLOSURE TO PARTNERS
The information we disclose with our partners includes your name, email address and other information
enabling our partners to assist you in using our Services. If you are located in a jurisdiction where such disclosure requires your permission, we will only do so with your consent. Please note that if you access our Services through a tool that hides your
location, such as through a virtual private network, you may not receive our request for permission because we were not able to identify you as being located in a jurisdiction where your permission is required.
Further, our partners are prohibited from using your contact information for any purpose beyond
those set forth above without your consent. We will not provide our partners with your credit card information. If you are working with a partner, such as a Frocket Solution Provider, and would like that partner to have full access to your account, including
the ability to send emails on your behalf, we will provide access to just that partner upon your request or consent.
In the event we collect information from you in connection with an offer that is jointly presented
by us and a partner, we will let you know who is collecting the information and whose privacy notice applies, as well as any options you may have regarding use of your information.
DISCLOSURE TO YOUR ORGANIZATION & AUTHORIZED USERS
If you created an account with an email address assigned to you as an employee, contractor,
or member of an organization, we may provide that organization with certain limited information about your account, including your email address or the organization name you provided us with, upon the organization's request. All users authorized by an organization
to have access to an account can view personal information stored in the account. A primary account holder can view personal information saved in sub-accounts to which they have authorized access. We share information about authorized users only for legitimate
purposes consistent with this privacy notice, including servicing the account and marketing Services to you.
SALE AND SHARING OF PERSONAL INFORMATION
When you interact with our websites, we may use, or authorize third-party partners and service
providers to use cookies, web beacons and similar technologies to improve your experience with us. The Tracking Technologies described in our Cookie Notice can collect personal information about you that can be used by us and our authorized third-party partners
and service providers. Our sharing of your personal information in this way may constitute "selling", "sharing", or using for "targeted advertising" under applicable U.S. state privacy laws. The term "sale" is broadly defined by the CCPA and includes sharing
personal information for monetary or other valuable consideration.
To the extent this is considered "selling" or "sharing", in the preceding 12 months, we have
sold or shared the following categories of personal information for the purpose of showing you ads about Frocket's services:
-
Identifiers
-
Internet or other similar network activity
Because our only potential "sale" or "share" of your personal information occurs as a result
of the use of cookies, if you'd like to opt out of the sale of your personal information, please click Cookie Settings to update your cookie preferences. For more information, please refer to our Cookie
Notice.
SECURITY
The transmission of information via the internet, email or Texts is not completely secure. Although
we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through the Services or over email; any transmission is at your own risk. Once we have received your information, we will take appropriate
technical and organizational measures to safeguard your personal information against loss, theft and unauthorized use, access or modification.
When we collect financial account information, such as credit card numbers, we protect its transmission
through the use of encryption such as the Transport Layer Security (TLS) protocol.
CHOICE/OPT-OUT
MARKETING COMMUNICATIONS FROM US
EMAIL
You always have the opportunity to opt out of our marketing communications with you or change
your preferences by following a link in the footer of all non-transactional email messages from us or by emailing us at
frocket@frocket.com.com.
Some communications from us are considered transactional or service communications (for example, important account notifications and billing information). You agree to receive these transactional and service communications as a condition of the Services that
we provide to you. You must cancel your accounts for all Services if you do not wish to receive any transactional or service communications from us. To cancel your account, please contact customer support. You may still receive marketing communications from
us even after you cancel your account unless you also opt-out of our marketing communications, as described above.
PHONE
If you do not want to receive marketing calls by phone, you may contact customer support and
indicate your preference to us. Note that we may use automated dialing technology to place marketing calls. In the event we do use such technology for marketing calls, we will do so with your consent as required to comply with applicable law. You do not need
to agree to receive automated marketing phone calls or texts from us in order to use the Services.
TEXTS
We may send you marketing communications via Texts. If you do not want to receive marketing
Texts from us, you can opt out at any time by replying STOP.
COOKIES
For information about how to manage and opt out from cookies, please visit our Cookie
Notice.
RETENTION OF PERSONAL INFORMATION
We retain your personal information to provide Services to you and as otherwise necessary to
comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain your personal information for no more than seven years following the later of (i) the date on which you terminate your use of the Services or (ii) May 25, 2018,
unless we are otherwise required by law or regulation to retain your personal information for longer.
YOUR RIGHTS
You have certain rights relating to your personal information subject to local data protection
laws. In certain circumstances, you have the following rights:
|
The Right to Know |
The right to request any or all of the following information relating to your personal information we have collected and disclosed in the last
12 months, upon our verification of your identity:
|
|
The Right to Request Deletion |
The right to request the deletion of personal information we have collected from you. |
|
The Right to Correct |
The right to correct inaccurate personal information that we maintain about you. |
|
The Right to Opt Out of Targeted Advertising or the Sale or Sharing of Personal Information |
The right to direct us not to sell or share personal information for targeted advertising about you to third parties now or in the future. Here,
the only "sale" or "sharing" that may take place is through our use of cookies which you can opt out as directed by our Cookie
Notice. |
|
The Right to Non-Discrimination |
The right not to receive discriminatory treatment for exercising these rights. |
|
The Right to Appeal |
You may have the right to appeal a decision we may make related to your request. |
|
"Shine the Light" |
California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to a third party
for the third party's direct marketing purposes. |
Please note the above rights are subject to certain exceptions.
HOW TO EXERCISE YOUR RIGHTS
To exercise any rights you may have as described above, please submit a request to us by:
-
Sending an email to frocket@frocket.com
-
Calling our Customer Support team
or our Legal and Compliance team at 214-924-6672.
To the extent you have a right to appeal a decision we've made about your personal information,
please submit an appeal request via email at frocket@frocket.com.
Only you, or a person or entity that you authorize to act on your behalf, may make a verifiable
request related to your personal information. We may not be able to fulfill your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will
need to verify your identity before processing your request. In order to verify your identity, we will generally require the matching of sufficient information you provide us to the information we maintain about you in our systems. If you are using an authorized
agent, please note that you will be required to verify your identity and provide written confirmation that you have authorized the agent to make a request on your behalf. For requests to access or delete, we may require you to verify your identity directly
with us, and directly confirm with us that you provided the authorized agent permission to submit the request. We will respond to most requests within forty-five (45) days, or otherwise request an additional forty-five (45) day period within which to respond.
THIRD PARTY LINKS AND INFORMATION COLLECTION AND
USE BY OUR USERS
Some of our Services provide links to other websites. Because we do not control the information
policies or practices of these third party sites, you should review their privacy policies to learn about how they collect and use personal information.
Single Sign-On. You may also log in to some of our Services using sign-in services such as Facebook
Connect or an Open ID provider. These services will authenticate your identity and provide you with the option to share certain personal information with us, such as your name and email address to pre-populate our sign up form. For example, if you take advantage
of certain of our 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, the applicable social networking sites may collect your IP address, which page you are
visiting on our websites, and may set a cookie to enable it to function properly.
INFORMATION FROM THIRD PARTIES
To manage the information we receive about you from a social networking site or other third
party (for example, if you link your Frocket and Facebook accounts), you will need to follow the instructions from that party for updating your information and changing your privacy settings, where available. The information we collect is covered by this privacy
notice and the information the third party collects is subject to such third party's privacy practices. Privacy choices you have made on any third party site will not apply to our use of the information we have collected directly through our Services.
REFER A FRIEND
If you choose to use our referral service to tell a friend about our Services, we will ask you
for your friend's email address. We will automatically send your friend a one-time email inviting them to visit our websites. We retain this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Such
referrals may not be permissible in all situations or in all jurisdictions. You acknowledge and agree that you are solely responsible for compliance with any applicable laws in this regard including, if applicable, seeking consent from your friend. Your friend
may contact us at frocket@frocket.com to request that we remove this information from our database.
MINORS
Our Services are not directed to persons under 18. We do not knowingly collect personal information
from minors under 18. If you are a parent or guardian of such a child and become aware that your child has provided personal information to us, please contact us as described in this privacy notice and we will take reasonable steps immediately to remove any
such information.
NOTIFICATION OF CHANGES
We reserve the right to modify this privacy notice at any time, so please review it frequently. If we decide to change this privacy notice in any material way, we will notify you here, by email, or by means of a notice on our websites. In all cases, your continued
use of any Services constitutes acceptance to any such changes.
CONTACT US AND COMPLAINTS
If you have any questions about this privacy notice or our data handling practices, or you wish
to make a complaint, you may contact us at frocket@frocket.com or by regular mail at:
Legal and Compliance
Frocket, LLC.
7037 Twin Hills Ave
Suite 155
Dallas, Texas 75231
U.S.A.