Terms & Conditions and our Privacy Policy


How we protect your personal data and other information about our websites.

Terms and Conditions

 

This web page represents a legal document that serves as the Terms of Service for our software-as-a-service website, {URL} and any associated mobile application (collectively, “Service”). Our Service offered on a contractual basis through your company’s contract with Stratgey9, Inc. (“Strategy9”). Our Service is private in nature as a result. The last update to our Terms of Service was posted on April 18, 2018.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service along with our Privacy Policy {URL}, and your company’s contract with us (“MSLA”), govern your access to our Service. Our MSLA, Terms of Service, and Privacy Policy are collectively referred to as our “Legal Terms” and constitute the entire and only agreement between you and Strategy9, and supersede all other agreements, representations, warranties and understandings with respect to our Service. We may amend our Terms of Service at any time without specific notice to you. The latest copies of our Terms of Service and Privacy Policy will be posted on our Service, and you should review them prior to using our Service. It is important for you to periodically review them to make sure you still agree to them.

By using our Service, you agree to fully comply with and be bound by our Legal Terms. If you do not accept our Legal Terms, you should not access our Service. If you have already accessed our Service and do not accept our Legal Terms, you should immediately discontinue use of our Service.

Definitions
The terms “us” or “we” or “our” refers to Strategy9, the owner of the Service.
A “Member” or “User” is any individual that has been registered by their company with Strategy9 to use our Service.
All text, information, graphics, audio, video, and data offered through our Service, whether free to all or part of our paid features of our Service, are collectively known as our “Content”. When we refer to our Service, our Content is included by reference.

Our Service
Strategy9 offers a service through which our Members can send customized emails to their customers by uploading an email list to our Service. You warrant that you have explicit permission to email any person whose email you have included in any email list you upload to our Service. You further warrant that your emails will comply with the United States CAN-SPAM Act. If you are sending emails outside the United States, you also warrant that your emails comply with the anti-spam laws of the countries your recipients live in.

Limited License
Strategy9 grants you a non-exclusive, non-transferable, revocable license to access and use our Service strictly in accordance with our Legal Terms. Your use of our Service is solely for the purposes as provided herein. Our Service is intended only for use by Members located within North America. You understand that we cannot offer our Service outside North America.

Our Relationship to You
Strategy9 is strictly an independent contractor to you. Your use of our Service or Service in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Strategy9, other Users, or our consultants and affiliates.

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Service, which as a reminder includes our Service. Strategy9 reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Member Conduct
As a Member, you agree not to use our Service to do any of the following:

  1. Violate any local, state, federal, or international laws.
  2. Infringe on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  3. Harm, threaten, or defame other people, including but not limited to, promoting violence, hateful, racially objectionable or illegal activities, as well as the harassment, libel, slander, or invasion of privacy of others.
  4. Broadcast any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
  5. Develop a competing Service or help anyone else to do the same.
  6. Upload viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer Service or hardware or telecommunications equipment, or to extract information from our Service.
  7. Re-distribute our Service in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
  8. Deliver any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  9. Use our Service in a manner, which in the sole judgment of Strategy9, is objectionable or which restricts or inhibits any other person from using or enjoying our Service, or which may expose Strategy9, our consultants and affiliates, or our Users to any harm or liability of any type.

 

Intellectual Property Rights
Strategy9 claims all intellectual property rights in our Service, including copyrights, trademarks, and patents. Our Service may also contain intellectual property belonging to our affiliates and other companies, in the form of words, graphics, and logos. Your use of our Service does not grant any right or license for you to use any such intellectual property rights, other than through our Service, without the prior written permission of the corresponding owner. The copying, redistribution, use or publication by you of any portion of our Service is strictly prohibited.

Linking to Our Service
Strategy9 prohibits any linking to our Service due to its private nature.

Warranty Disclaimer
Strategy9 reserves the right to change all Content and features of our Service, at any time without notice. Our Service may be temporarily unavailable from time to time for maintenance or other reasons. Strategy9 is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, computer or mobile phone equipment, failure of email because of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware, related to or resulting from using, uploading, or downloading materials in connection with our Service.

OUR SERVICE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). Strategy9, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. Strategy9 CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICE.

Use of Information
Strategy9 reserves the right, and you authorize us, to the use and assignment of all usage information regarding our Service and Service in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) are considered our property. To the extent that such Submission contains copyrighted, either owned by you or licensed to you, you grant Strategy9 a perpetual, irrevocable, royalty-free, worldwide license to use such Submission as we see fit, in any form whether on our Service or elsewhere. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear on our Service or other operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Termination of Access
You acknowledge that if you violate the terms of our Legal Terms, Strategy9 reserves the right to terminate your access without notice. Your company will also be notified.

Privacy Policy

The last update to our Privacy Policy was posted on April 18, 2018.

 

Your Privacy

Stategy9 follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information.

We break up the types of information you share into Non-Personal Information and Personally-Identifiable Information.
"Non-Personal Information" is information that is not Personally-Identifiable to you and that we automatically collect when you access our Service with a web browser.
"Personally-Identifiable Information" is non-public information that is Personally-Identifiable to you or provided by you for us to provide you with access to certain features of our Service. Personally-Identifiable Information may include information such as your email address, email addresses of your customers, physical location, and other related information that you provide to us or that we obtain about you. It includes any information that you upload to our Service or that you physically send to us.

Information We Collect

Generally, you control the amount and type of information you provide to Stategy9 when using our Service. We collect your Personally-Identifiable Information in the following ways:

 

At Member Registration

When your company registered for access to our Service, they provided your email address so that you can use our Service and so we can communicate with you about our Service.

 

Participation in Our Service

You provide email lists containing the emails of your customers. Those lists are used in our Service to deliver emails to your custmoers.

 

Forms

There are online forms used in our Service. The information you enter on these forms may contain Personally-Identifiable Information.

Computer Information Collected

When you use our Service, Stategy9 automatically collects certain computer information by the interaction of your mobile phone or web browser with our Service. Such information is typically considered Non-Personal Information. Stategy9 also collects the following:

Cookies

Our Service uses “Cookies.” A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to identify the areas of our Service that you have visited. We may also use Cookies to identify you as a Member so that you can access various parts or features of our Service. Finally, we may use Cookies to personalize the Content that you see on our Service. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access features on our Service correctly or at all. We never place Personally-Identifiable Information in Cookies.

 

Automatic Information

We automatically receive information from your web browser or mobile device. This information includes the name of the Service from which you entered our Service, if any, as well as the name of the Service to which you’re headed when you leave our Service. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Service provider name, web browser type, type of mobile device, and computer operating system. We use all this information to analyze trends among our Users to help improve our Service.

How We Use Your Information

Stategy9 uses the information we receive from you as follows:

 

Providing and Improving Our Service

Stategy9 may use the Personally-Identifiable Information you provide to us along with any computer information we receive to provide our Service and Service to you as well as to make improvements to it. When Stategy9 communicates with you about our Service, we will use the email your company provided in setting up your account.

Sharing Information with Affiliates, Providers, and Other Third Parties

Stategy9 does not sell, rent, or otherwise provide your Personally-Identifiable Information to third parties for marketing purposes. However, we may use your Non-Personal Information for data aggregation purposes which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your Personally-Identifiable Information. We may provide your Personally-Identifiable Information to affiliates that provide services to Stategy9 with regards to our Service (i.e. email processors, webhosting companies, etc.); such affiliates will only receive information necessary to provide their respective services and will be bound by confidentiality agreements limiting the use of such information.

Legally Required Releases of Information

Stategy9 may be legally required to disclose your Personally-Identifiable Information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of Stategy9, our Users, employees, and affiliates.

Disclosures to Successors

If Stategy9 is acquired or merges, in whole or in part, with another business that would become responsible for providing the Service to you, we retain the right to transfer your Personally-Identifiable Information to the new business. The new business would retain the right to use your Personally-Identifiable Information according to the terms of this Privacy Policy as well as to any changes to this Privacy Policy as instituted by the new business.

European Union Data Collection Laws

As noted in our Legal Terms, Stategy9 is intended for use by Users in North America. As such, we do NOT comply with European Union Data Collection laws, including Directive 95/46/EC, the upcoming GDPR changes, and Privacy Shield framework.

California Online Privacy Protection Act

Stategy9 fully complies with California Online Privacy Protection Act. As such, Stategy9 allows Users to visit our Service anonymously. Our Privacy Policy is easily found from our main landing page. As stated at the beginning of our Privacy Policy, you can easily see when it was last updated; and if you are a Member, we will use your registered email with us to let you know of any significant changes to our Privacy Policy. Finally, if you are a Member, you can always update your Personally-Identifiable information by accessing your account, as already noted in our Privacy Policy.

 

“Do Not Track/Follow” Settings

In compliance with applicable laws, Stategy9 wants you to know that our Service does currently honor “do not track” or “do not follow” settings as your web browser may allow. However, we may choose to do so in future. If we do change this policy in the future, it will be reflected here in an update to our Privacy Policy.

 

Google Analytics and Adsense

We do not currently use Google Analytics or Google Adsense on our Service, but reserve the right to do so in the future. If we do change this policy in the future, it will be reflected here in an update to our Privacy Policy.

Protecting the Privacy Rights of Third Parties

We believe in everyone’s right to privacy. By providing email lists of your customers to our Service, you are warranting to Strategy9 that you have the right to email these people.

Our Email Policy

Stategy9 and our affiliates fully comply with international laws regarding SPAM, including CANSPAM and others and expect you to do so as well in the use of our Service. We agree that we will not sell, rent, or trade your email address to any unaffiliated third-party without your permission. We, and you also agree, but using our Service to:

  • Identify advertisement emails sent as such, either in the subject or clearly in the message body.
  • Never send emails with fake or misleading subjects or return email addresses.
  • Allow recipients to unsubscribe by using the link at the bottom of each email and honor such requests as quickly as commercially reasonable.

Our Security Policy

Stategy9 has constructed our Service using industry standard encryption and authentication tools to protect your Personally-Identifiable Information. When we collect your Personally-Identifiable Information through our Service, we encrypt this information and attempt to prevent unauthorized access to it by using industry standard technologies, such as encryption software, routers and firewalls. Unfortunately, due to the nature of the Internet, we cannot completely guarantee that your Personally-Identifiable Information is completely protected. We strongly urge you to protect any password you may have for our Service and to not share it with anyone. You should always log out of our Service when not in use, especially if you are sharing a computer or mobile device with someone else or are using a public computer.

Privacy Policy Updates

Stategy9 reserves the right to modify this Privacy Policy at any time. You should review this Privacy Policy frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. We will also change the "Last Updated" date at the beginning of this Privacy Policy. Any changes we make to our Privacy Policy are effective as of this Last Updated date and replace any prior Privacy Policies.

Changing Your Information

You may change your Personally-Identifiable Information with our Service by contacting info@strategy9.com .

Questions About Our Privacy Practices or This Privacy Policy

If you have any questions about our privacy practices or this Privacy Policy, please contact info@strategy9.com .