This Privacy Statement was updated on 24 November 2022.
Emarsys Privacy Statement
Protecting the individual’s privacy is crucial to the future of business. We have created this privacy statement to demonstrate our firm commitment to the individual’s right to data protection and privacy. It outlines how we handle information that can be used to directly or indirectly identify an individual (personal data).
Who do we mean when we say Emarsys in this Privacy Statement?
This privacy statement applies to the collection and processing of personal data:
- during the central operation of this website and other globally operated Emarsys business activity by
- Emarsys eMarketing Systems GmbH, Lassallestraße 7b, 1020 Vienna, Austria if you are in a member state of the EU or the EEA or in any of the countries of Andorra, Faroe Islands, Guernsey, Isle of Man, Jersey, Switzerland, or the United Kingdom
- Emarsys North America, Inc., 10 W. Market Street, Suite 1350, Indianapolis, IN 46204, Indiana, United States if you are in any other country,
You can reach Emarsys’ data protection officer any time at email@example.com.
For what purposes does Emarsys process your personal data?
When conducting business and operating our various web presences and other communication channels, Emarsys processes personal data of the people it interacts with, including customers, partners, suppliers, vendors, candidates, and any other people with whom we interact.
In any of these cases, Emarsys may process personal data for one or more of the following business purposes:
To pursue business relationships with customers, partners, and others
Emarsys processes personal data to pursue its business relationships with customers, partners, and other users to fulfill pre-contractual and contractual business relations. This may include satisfying requests, processing orders, delivering an ordered product or service, or engaging in any other relevant action to establish, fulfill and maintain our business relationships.
Products and services may include any of Emarsys’ on-prem and cloud software products, web services, apps, online-forums, webinars and events, non-marketing related newsletters, white papers, tutorials, trainings, as well as other offerings like contests or sweepstakes. When you purchase or intend to purchase products or services from Emarsys on behalf of a corporate customer or are otherwise associated as contact person for the business relationship between Emarsys and a corporate customer or partner (a “Customer Contact”), Emarsys will use your personal data for this purpose. More specifically, Emarsys may use your personal data to confirm your opening of an account, manage the contract execution, send you disclosures as may be required by law, notice of payments, and other information about our products and services. Emarsys may respond to related inquiries, provide you with necessary support and process your feedback.
In the context of your or your employers use of our products or services, Emarsys may communicate with you by post, email, live chat, contact forms, phone or any other medium to resolve your, a user’s, or a customer’s question or complaint or to investigate suspicious transactions. In case of telephone calls or chat sessions, Emarsys may record such calls or chat sessions to improve the quality of Emarsys’ services after informing you accordingly during that call and, subject to applicable law, receiving your prior consent before the recording begins.
Customer Satisfaction – Within an existing business relationship between you or your employer and Emarsys, Emarsys processes your personal data to help us understand how satisfied you are with the functionality and quality of our products and services, to provide you with relevant information on our latest product announcements, software updates or upgrades, events, special offers, and other information about Emarsys’ software and services that is relevant and useful to you.
To develop products and services
To the extent permitted by applicable law, Emarsys may process your personal data for internal research, technological demonstration and development, and to help Emarsys create, develop, operate, deliver, improve, upgrade or enhance Emarsys products and services. Emarsys may process personal data to create anonymized data sets which may then be used to improve Emarsys’ products and services.
To ensure compliance with laws and regulations
Emarsys processes personal data to comply with statutory obligations.
Emarsys processes your personal data for the purpose of ensuring an adequate level of technical and organizational security of Emarsys’ products, services, online events, facilities, and premises. For this, Emarsys will take the measures necessary to verify or maintain the quality and safety of a product or service which is owned, manufactured by or for, or controlled by Emarsys. This may comprise the use of personal data for sufficient identification and authorization of designated users, internal quality control through auditing, analysis, and research, debugging to identify and repair errors that impair existing or intended functionality, account and network security, replication for loss prevention, detecting security incidents, protection against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for such kind of activity. We may further process your name, likeness, and other contact or compliance related data when you visit a local Emarsys affiliate or lab in the context of access management and video surveillance to protect the security and safety of our locations and assets.
Emarsys and its products, technologies, and services are subject to the export laws of various countries including, without limitation, those of the European Union and its member states, and of the United States of America. Applicable export laws, trade sanctions, and embargoes issued by these countries oblige Emarsys to prevent organizations, legal entities and other parties listed on government-issued sanctioned-party lists from accessing certain products, technologies, and services through Emarsys’ websites or other delivery channels (e.g. the European Union Sanctions List, the US sanctions lists including the Bureau of Industry and Security’s (BIS) Denied Persons Lists (DPL), the Office of Foreign Assets Control’s (OFAC) Specially Designated Nationals and Blocked Persons List (SDN-List) and the US DOCs Bureau of Industry and Security’s Entity Lists and the United Nations Security Council Sanctions). Emarsys processes personal data to the extent necessary to comply with these legal requirements. Specifically, Emarsys processes personal data to conduct automated checks against applicable sanctioned-party lists, to regularly repeat such checks whenever a sanctioned-party list is updated or when a user updates his or her information. In case of a potential match, Emarsys will block the access to Emarsys’ services and systems and contact the user to confirm his or her identity.
If necessary, Emarsys uses personal data to prevent or prosecute criminal activities such as any form of cybercrime, the illegal use of our products and services or fraud, to assert our rights or defend Emarsys against legal claims.
To comply with data protection and unfair competition law related requirements. Depending on the country in which the relevant Emarsys company operates, and whether you have expressly consented to or opted out of receiving commercial information, Emarsys may process personal data necessary to accommodate your data protection and privacy choices for the receipt of such information and, when necessary to ensure compliance, exchange such information with the other entities of the Emarsys.
To operate Emarsys internet pages, web-offerings, or other online events
Emarsys processes personal data for the purpose of operating, providing to you and administering your use of Emarsys internet pages, web offerings, or other online events.
Creating user profiles
Certain web offerings linked to Emarsys’ websites, including forums, blogs, and networks, require you to register and create a user profile. Through the user profile you can share personal information about you with other users, such as your name, photo, social media accounts, postal or email address, telephone number, personal interests, skills, and basic information about your company. The user profiles serve to personalize the interactions between the users (for example, by way of messaging or follow functionality) and to allow Emarsys to foster the collaboration and quality of communication through such offerings. The profile settings of the relevant web offering allow you to determine which information you want to share.
If you register for an event, seminar, or webinar of Emarsys, Emarsys may share basic participant information (your name, company, and email address) with other participants of the same event, seminar, or webinar to promote the interaction between the participants and to stimulate the communication and the exchange of ideas.
User experience improvement
Emarsys processes information that relates to your visit to our web offerings to improve your user experience, identify your individual demand and to personalize the way we provide you with the information you are looking for. For this purpose, we collect information regardless of whether you register with a user profile or not.
Cookies and similar tools
Emarsys processes personal data about the users of Emarsys websites and other web offerings using cookies or similar technologies for the purposes set out in Emarsys’ Cookie Statement. By visiting the “Cookie Preferences” link in the footer of the Emarsys.com homepage, you will find further information and have the option to exercise your cookie preferences.
Do you agree to the current cookie consent?
To search for talent
Emarsys is collecting and processing personal data of qualified individuals and people interested in our career opportunities from various sources. Job applicants and candidates are asked to apply via the Emarsys Career Portal, regardless of whether this is done initiatively or in response to an advertised posting. Emarsys collects personal data by means of the Career Portal for the purposes of carrying out the application procedures and selecting applicants. You may find further information about how Emarsys collects and processes applicant’s data in the Privacy Statement specific to the Emarsys Career Portal.
To offer Emarsys products and services
Emarsys collects and processes personal data for sales and marketing purposes. We aim to keep you updated on upcoming events and Emarsys’ latest products and services. If possible, we may contact you to discuss further your interest in Emarsys services and offerings.
Request feedback, questionnaires and surveys
To the extent allowed by applicable law, Emarsys may contact you for feedback regarding the improvement of the relevant material, product, or service. Emarsys may also invite you to participate in questionnaires and surveys. These will generally be designed so you can participate without having to provide information that identifies you as a participant. If you nonetheless provide your personal data, Emarsys will use it for the purpose stated in the questionnaire or survey or to improve its products and services.
To keep you up to date
Within an existing business relationship between you or your employer and Emarsys, Emarsys processes your personal data to inform you about Emarsys products or services which are similar or relate to products and services you or your employer have already purchased or used. Emarsys will inform you by email or phone about such news only as far as it is allowed by law, or if Emarsys has collected such information in the context of the business relationship. You are entitled to object to Emarsys’ use for this purpose at any time by selecting the opt-out option at the bottom of each marketing related approach.
Emarsys processes information about your interactions with Emarsys across its various business areas and its offerings (your or your employers prior and current use of Emarsys products or services, your participation in and use of Emarsys’ web offerings, events, white papers, free trials or newsletters) to provide you with the requested products and services and to improve our personal communications with you. This data may also be used to efficiently operate Emarsys’ business, which also includes: the automation and aggregation of data to support various analytic and statistical efforts, performance and predictive analytics and exploratory data science to support your customer journey and to fulfill such requests. To the extent permitted by law, Emarsys may combine and use such information in an aggregated manner to help us understand your interests and business demands, develop our business insight and marketing strategies, and to create, develop, deliver, and improve our personalized communications with you. It may also be used by Emarsys to display relevant content on Emarsys owned or third-party websites.
Provided your consent or to the extent permitted by applicable law, Emarsys may create a hashed user ID to provide to third party operated social networks or other web offerings (such as Twitter, LinkedIn, Facebook, Instagram or Google). This information is then matched against the third party’s own user database to display to you more relevant Emarsys content.
What personal data does Emarsys process?
Emarsys processes various types of personal data about the people we interact with when conducting our business or operating our various web presences and other communication channels.
Depending on the individual case, this may comprise the following types of personal data:
Emarsys processes the following categories of personal data as contact data: first name, last name, email addresses, postal address/location (country, state/province, city), telephone numbers, and activity on Emarsys.com.
Personal data related to the business relationship with Emarsys
In the context of established business relationships, Emarsys processes the business partners company name, industry, your job title and role, department and function and your company’s relationship history to Emarsys.
Compliance related personal data
If required by statutory law or regulation, Emarsys may process data categories like date of birth, academic credentials, geolocation, business partner relevant information about e.g., significant litigation or other legal proceedings, and other export control or custom compliance relevant information.
Data generated through your use of, or participation in, Emarsys’ internet pages, web, or online offerings
Emarsys processes certain user related information, e.g., info regarding your browser, operating system, or your IP address when you visit Emarsys’ web properties. We also process information regarding your use of our web-offerings, like the pages you visit, the amount of time you spend on a page, the page which has referred you to our page and the links on our sites you select.
Emarsys may process your contact data as set out above and other information which you may provide directly to Emarsys if you register for any of Emarsys’ events or other web services.
When you participate in webinars, virtual seminars, events, or other Emarsys web services, Emarsys may process your interactions with the relevant webservice to organize the event including its sessions, polls, surveys, or other interactions between Emarsys and/or its participants. Depending on the event and subject to a respective notification of the participants, Emarsys may collect audio and video recordings of the event or session.
Personal data received during an application for a job at Emarsys
Emarsys processes personal data of individuals applying for a job at Emarsys as set out in the privacy statement of the Emarsys Career Portal.
Personal data received by third parties, including publicly available sources
Emarsys generally aims to collect personal data directly from the data subjects. If you or applicable law allows Emarsys to do so, Emarsys may obtain personal data also from third party sources. These third-party sources may include:
your employer in the context of its business dealings with Emarsys,
third parties you directed to share your personal data with Emarsys,
third party sources and publicly available sources like business oriented social networks or information broker.
When we collect personal data from third party sources, established internal controls aim to ensure that the third-party source was permitted to provide this information to Emarsys and that we may use it for this purpose. Emarsys will treat this personal data according to this Privacy Statement, plus any additional restrictions imposed by the third party that provided the personal data to Emarsys or by applicable national law.
Personal data necessary for customer satisfaction
To the extent permitted by law or based on your consent, Emarsys may combine the information we collect either directly or indirectly about specific users to ensure the completeness and correctness of the data and to help us better tailor our interactions with you and determine the information which best serves your respective interest or demand.
How long does Emarsys process your personal data?
Emarsys processes your personal data only for as long as it is required:
- to make products and services requested by you or your employer available to you;
- for Emarsys to comply with statutory obligations to retain personal data, resulting inter alia e.g. from applicable export, finance, tax or commercial laws;
- to fulfill Emarsys’ legitimate business purposes as further described in this Privacy Statement, unless you object to Emarsys’ use of your personal data for these purposes;
- until you revoke a consent you previously granted to Emarsys to process your personal data. To learn more about how you may revoke consent, please see guidance below in section titled, “What are your data protection rights”.
Emarsys may process your personal data for product or service development until this no longer necessary or Emarsys is informed that your relationship with the Emarsys customer has changed.
Emarsys may retain your personal data for additional periods if necessary for compliance with legal obligations to process your personal data or if the personal data is needed by Emarsys to assert or defend itself against legal claims. Emarsys will retain your personal data until the end of the relevant retention period or until the claims in question have been settled.
Who are the recipients of your personal data?
Your personal data may be passed on to the following categories of third parties:
Entities of the Emarsys Group and SAP Group
As Emarsys is selling its products and services to its customers only via local business relationships, Emarsys may transfer your personal data to the locally relevant Emarsys Group entity for the purpose and to the extent necessary to conduct a business relationship. Other entities of the Emarsys Group and SAP Group may also receive or gain access to personal data either when rendering group internal services centrally and on behalf of Emarsys and the other Emarsys Group entities or when personal data is transferred to them on a respective legal basis. In these cases, these entities may process the personal data for the same purposes and under the same conditions as outlined in this Privacy Statement. The current list of Emarsys Group entities can be found here. If you would like to find out which Emarsys Group or SAP Group entity is responsible for the business relationship with you or your employer, please contact us at firstname.lastname@example.org.
Third party service providers
Emarsys may engage third party service providers to process personal data on Emarsys’s behalf, e.g., for consulting or other services, the provision of the website, the fulfillment and provisioning of offers from Emarsys or newsletter dispatch. These service providers may receive or are granted with access to personal data when rendering their services and will constitute recipients within the meaning of the relevant DP law, including GDPR.
With your consent or as otherwise indicated by your request, including to fulfill your ordered services, Emarsys may share your personal data with designated partner companies to provide you the product or service you have requested.
Other third parties
Emarsys may transfer your registration data based on your consent or as otherwise indicated by your request to companies listed on the registration page of an Emarsys seminar, webinar or event. These companies may receive your personal data as co-organizer or sponsor of the event and will use your registration data for the purposes of their participation in the event. They will provide you directly with any legally required information about their processing purposes and how you may exercise your rights.
What are your data protection rights?
Right to access, correct and delete
You can request from Emarsys at any time access to information about which personal data Emarsysprocesses about you and, if necessary, the correction or deletion of such personal data. Please note, however, that Emarsys can or will delete your personal data only if there is no statutory obligation or prevailing right of Emarsys to retain it. If you request from Emarsys to delete your personal data, you may not be able to continue to use any Emarsys service that requires Emarsys’s use of your personal data.
Right to receive personal data back from Emarsys
If Emarsys uses your personal data based on your consent or to perform a contract with you, you can further request from Emarsys a copy of the personal data you provided to Emarsys. In this case, please contact email@example.com and specify the information or processing activities to which your request relates, and whether it should be sent to you or another recipient. Emarsys will carefully consider your request and discuss with you how it can best be fulfilled.
Right to restrict
You can request from Emarsys to restrict your personal data from further processing in any of the following events:
you state the personal data about you is incorrect, subject to the time Emarsys requires to check the accuracy of the relevant personal data,
there is no legal basis for Emarsys to process your personal data and you demand Emarsys to restrict your personal data from further processing,
Emarsys no longer requires your personal data, but you state you require Emarsys to retain such data to claim or exercise legal rights or to defend against third party claims, or
in case you object to the processing of your personal data by Emarsys based on Emarsys’ legitimate interest (as further set out below), subject to the time required for Emarsys to determine whether it has a prevailing interest or legal obligation in processing your personal data.
Right to object
If and to the extent Emarsys is processing your personal data based on Emarsys’ Legitimate Interest, specifically where Emarsys pursues its legitimate interest to engage in direct marketing or to apply profiling in relation to direct marketing, you have the right to object to such a use of your personal data at any time. When you object to Emarsys’ processing of your personal data for direct marketing purposes, Emarsys will immediately cease to process your personal data for such purposes. In all other cases, Emarsys will carefully review your objection and cease further use of the relevant information, subject to Emarsys’ compelling legitimate grounds for continued use of the information, which may override your interest in objecting, or if Emarsys requires the information for the establishment, exercise, or defense of legal claims.
Right to revoke consent
Wherever Emarsys is processing your personal data based on your consent, you may at any time withdraw your consent by unsubscribing or giving us respective notice of withdrawal. In case of withdrawal, Emarsys will not process personal data subject to this consent any longer unless legally required to do so. In case Emarsys is required to retain your personal data for legal reasons your personal data will be restricted from further processing and only retained for the term required by law. However, any withdrawal has no effect on past processing of personal data by Emarsys up to the point in time of your withdrawal. Furthermore, if your use of an Emarsys offering requires your prior consent, Emarsys will no longer be able to provide the relevant service (or services, in case you have an User Account on Emarsys’ platform and you revoke the consent for Emarsys to use your profile under the Emarsys Identity Authentication Service for multiple Emarsys offerings), offer or event to you after your revocation.
Right to lodge a complaint
If you take the view that Emarsys is not processing your personal data in accordance with the requirements in this Privacy Statement or under applicable data protection laws, you can at any time, to the extent required by applicable law, lodge a complaint with your locally relevant data protection authority, specifically when you are located in an EEA country, or with the data protection authority of the country or state where Emarsys has its registered seat.
How can you exercise your data protection rights?
Please direct any requests to exercise your rights to firstname.lastname@example.org.
How will Emarsys verify requests to exercise data protection rights?
Emarsys will take steps to ensure it verifies your identity to a reasonable degree of certainty before it will process the data protection right you want to exercise. When feasible, Emarsys will match personal data provided by you in submitting a request to exercise your rights with information already maintained by Emarsys. This could include matching two or more data points you provide when you submit a request with two or more data points that are already maintained by Emarsys.
Emarsys will decline to process requests that are manifestly unfounded, excessive, fraudulent, represented by third parties without duly representing respective authority or are otherwise not required by local law.
Can I use Emarsys’ products and services if I am a minor or child?
In general, Emarsys websites and online services are not directed to users below the age of 16 years, or equivalent minimum age in the relevant jurisdiction. If you are younger than 16, you cannot register with and use these websites or online services.
Additional Country and Regional Specific Provisions
Where Emarsys is subject to privacy requirements in the EU, EEA, or other GDPR relevant countries
Who is the Data Protection Officer of the Controller?
You can reach Emarsys Group’s data protection officer any time at email@example.com.
Who is the relevant Data Protection authority of the Controller?
Emarsys’ lead data protection supervisory authority is in Austria, the Österreichische Datenschutzbehörde and can be reached at Barichgasse 40-42, 1030 Wien. If you are in any other EU or EEA country, you may find the contact details of your competent data protection supervisory authority here.
What are the legal permissions for Emarsys to process personal data?
Emarsys is processing your personal data for the business purposes set out above based on the following legal permissions:
General remark regarding Emarsys’ processing of personal data based on your prior consent
Emarsys may process your personal data for the specific processing purposes based on your prior consent.
General remark regarding Emarsys’ processing of personal data based on legitimate business interest
Where we refer to GDPR Article 6.1 (f) and consequently Emarsys’ legitimate business interest as our legal permission to process your personal data, Emarsys is pursuing its legitimate business interests
to efficiently manage and perform its business operations,
to maintain and operate intelligent and sustainable business processes in a group structure optimized for the division of labor and in the best interest of our employees, customers, partners, and shareholders,
to operate sustainable business relationships with Emarsys customers and partners including you (each of which as further set out below),
serve you with the best possible user experience when using Emarsys’ web services,
comply with extraterritorial laws and regulations, or
assert or defend itself against legal claims.
We believe that our interest in pursuing these business purposes is legitimate and thereby not outweighed by your personal rights and interest to refrain from processing. In any of these cases, we duly factor into our balancing test:
the business purpose reasonably pursued by Emarsys in the given case,
the categories, amount and sensitivity of personal data that is necessarily being processed,
the level of protection of your personal data which is ensured by means of our general data protection policies, guidelines, and processes,
and the rights you have in relation to the processing activity.
If you wish to obtain further information on this approach, please contact firstname.lastname@example.org.
Pursue business relationships with customers, partners, and others
When pursuing business relationships with customers, partners and others, Emarsys and local Emarsys Group entities may be processing personal data based on:
GDPR Article 6.1 (b) if necessary, to fulfill (pre-)contractual obligations with you,
GDPR Article 6.1 (c) if necessary, to fulfill legal requirements applicable to Emarsys,
GDPR Article 6.1 (f) if the contract or pre-contractual relation relates to a company or other legal body and if Emarsys processes your personal data as Customer Contact to fulfill (pre-) contractual obligations with your employer (legitimate interest to efficiently perform or manage Emarsys’ business operation)
GDPR Article 6.1 (f) if necessary, to maintain our business relationships with you, ensure your satisfaction as a user or customer representative, and provide you with information about other Emarsys products and services as indicated by your interest or demand (legitimate interest to operate sustainable business relationship with Emarsys customers and partners), or
a legal permission under other national laws equivalent to any of the above, when applicable.
Ensure compliance with laws and regulation
When ensuring compliance with applicable laws and regulations, Emarsys and local Emarsys Group entities may process your Personal data based on
GDPR Article 6.1 (c) if necessary, to fulfill legal requirements under European Union or EU Member State law to which Emarsys is subject,
GDPR Article 6.1 (f) if necessary, to fulfill laws and regulations extraterritorial to the EU (legitimate interest to comply with extraterritorial laws and regulations),
or the equivalent articles under other national laws, when applicable.
Operate Emarsys internet pages, web offering, or other online events
When operating its internet pages, web-offerings or other online events (“web-services”) and depending on the respective operating purpose, Emarsys or the local Emarsys Group entity is processing your personal data on the basis of the following legal permissions:
GDPR Article 6.1 (b) and (f) to provide the web services and functions, create and administer your online account, updating, securing, troubleshooting the service, providing support, improving, and developing the web service, answering and fulfilling your requests or instructions, (legitimate interest to efficiently perform or manage Emarsys’ business operation)
GDPR Article 6.1 (c) and (f) to manage and ensure the security of our web services and prevent and detect security threats, fraud or other criminal or malicious activities and as reasonably necessary to enforce the web services terms, to establish or preserve a legal claim or defense, to prevent fraud or other illegal activities, including attacks on our information technology systems (legitimate interest to efficiently perform or manage Emarsys’ business operation and assert or defend itself against legal claims)
GDPR Article 6.1 (a) if it is necessary that we ask you for your consent to process your personal data
or equivalent legal permissions under other relevant national laws, when applicable.
Cookies and similar tools
When tracking and evaluating the usage behavior of users of our web services by means of cookies or similar technologies, Emarsys is processing your personal data on the basis of the following legal permissions:
GDPR Article 6.1 (a) if it is necessary that we ask you for your consent to process your personal data,
GDPR Article 6.1 (b) if necessary to fulfill (pre-)contractual obligations with you,
GDPR Article 6.1 (f) if necessary to fulfill (pre-)contractual obligations with the company or other legal body you represent as a customer contact (legitimate interest to efficiently perform or manage Emarsys’ business operation),
or equivalent legal permissions under other relevant national laws, when applicable.
Collection of data from third parties, including publicly available sources
When collecting personal data about you from third parties, the legal basis for the collection by Emarsys or the local Emarsys Group entity may be based on:
GDPR Article 6.1 (a) if it is necessary that we or the third party transferring your personal data to Emarsys has asked you for your consent to process your personal data,
GDPR Article 6.1 (b) if necessary to fulfill (pre-)contractual obligations with you,
GDPR Article 6.1 (c) if necessary to fulfill legal requirements under European Union or EU Member State law to which Emarsys is subject,
GDPR Article 6.1 (f) if necessary to fulfill laws and regulations extraterritorial to the EU (legitimate interest to comply with extraterritorial laws and regulations) or to maintain our business relationships with you, ensure your satisfaction as a user or customer representative, and provide you with information about other Emarsys products and services as indicated by your interest or demand (legitimate interest to operate sustainable business relationship with Emarsys customers and partners)
or equivalent legal permissions under other relevant national laws, when applicable.
Offering Emarsys products and services
When engaging in marketing activities, Emarsys is processing your personal data on the basis of the following legal permissions:
GDPR Article 6.1 (a) if your consent is required by law for Emarsys to process your data for this purpose,
GDPR Article 6.1 (f) if necessary to fulfill (pre-)contractual obligations with the company or other legal body you represent as a customer contact (legitimate interest to efficiently perform or manage Emarsys’ business operation), to maintain our business relationships with you or your employer, to ensure your satisfaction as a user or customer contact, to map the relevant group internal structurese Emarsys and bundle relevant business activities at central sources within the Group to operate them uniformly and to provide you with information about other Emarsys products and services as indicated by your interest or demand, which may also comprise the combination about you from different sources (profiling) (legitimate interest to maintain and operate intelligent and sustainable business processes in a group structure optimized for the division of labor and in the best interest of our employees, customers, partners, and shareholders and to operate sustainable business relationship with Emarsys customers and partners). Emarsys may provide you with this information to your postal address to pursue our legitimate interest to address customers, prospects and targets for the purpose of advertising our products and services, to your email address for the purpose of direct marketing of similar products or services provided that we (i) received your email address in connection with the purchase of our products or services, (ii) you did not object to the use of your email address for direct advertising and (iii) and we inform you in every approach that you may object to our use of your email address for marketing purposes at any time, and by other electronic means (e.g., telephone, MMS) to the extent permitted under applicable law, generally either explicit or presumed consent,
or equivalent legal permissions under other relevant national laws, when applicable.
How does Emarsys justify international data transfers?
As a global group of companies, Emarsys has group affiliates and uses third party service providers also in countries outside the European Economic Area (the “EEA”). Emarsys may transfer your personal data to countries outside the EEA as part of Emarsys’ international business operations. If we transfer personal data from a country in the EU or the EEA to a country outside the EEA and for which the EU Commission has not issued an adequacy decision, Emarsys uses the EU standard contractual clauses to contractually require the data importer to ensure a level of data protection consistent with the one in the EEA to protect your personal data. You may obtain more information from the European Commission on the EU standard contractual clauses and on the international dimension of data protection here.
Where Emarsys is subject to certain privacy requirements in the United States, the following also applies:
U.S. Children’s Privacy. Emarsys does not knowingly collect the personal data of children under the age of 13. If you are a parent or guardian and believe Emarsys collected information about a child, please contact Emarsys as described in this Privacy Statement. Emarsys will take steps to delete the information as soon as possible. Given that Emarsys websites and online services are not directed to users under 16 years of age and in accordance with the disclosure requirements of the CCPA, Emarsys does not sell the personal data of any minors under 16 years of age.
Where Emarsys is subject to certain privacy requirements in the United States in the State of California, the following also applies:
Do Not Track. Your browser may allow you to set a “Do not track” preference. Unless otherwise stated, our sites do not honor “Do not track” requests. However, you may elect not to accept cookies by changing the designated settings on your web browser or, where available, by referring to our Cookie Statement. Cookies are small text files placed on your computer while visiting certain sites on the Internet used to identify your computer. If you do not accept cookies, you may not be able to use certain functions and features of our site. This site does not allow third parties to gather information about you over time and across sites.
You have the right:
to request from Emarsys access to your personal data that Emarsys collects, uses, or discloses about you;
to request that Emarsys delete personal data about you;
to opt-out of the use or disclosure of your sensitive personal information;
to non-discriminatory treatment for exercise of any of your data protection rights;
if you request access to your personal data, for such information to be portable, if possible, in a readily usable format that allows you to transmit this information to another recipient without hindrance
In accordance with the disclosure requirements under the California Consumer Privacy Act (“CCPA”), Emarsys does not and will not sell your personal data or otherwise permit the use of your information for any kind of cross-context behavioral advertising. In accordance with the verification process set forth in the CCPA, Emarsys will require a more stringent verification process for deletion requests, or for personal data that is considered sensitive or valuable, to minimize the harm that might be posed to you by unauthorized access or deletion of your personal data. If Emarsys must request additional information from you outside of information that is already maintained by Emarsys, Emarsys will only use it to verify your identity so you can exercise your data protection rights, or for security and fraud-prevention purposes.
In addition to contacting Emarsys at email@example.com, you may also exercise your rights as follows:
You can send us a letter to the following address: 10 W. Market Street, Suite 1350, Indianapolis, IN 46204, Indiana, United States, or click here “Limit the Use of My Sensitive Personal Information” and send the details to us in an email. You can also designate an authorized agent to submit requests to exercise your data protection rights to Emarsys. Such authorized agent must be registered with the California Secretary of State and submit proof that you have given authorization for the agent to act on your behalf.