Privacy Policy


We at ToutApp, Inc., or Tout, respect your concerns about privacy and value the relationship we have with you. This privacy policy describes how we collect, use, share and protect information obtained from you via this website or by using our products. By visiting our website and using our services you consent to our use and processing of your information as set forth herein. The terms of this privacy policy are incorporated into our terms and conditions of use.

What Information Do We Collect?

The information we gather enables us to implement, personalize and improve our product. We generally collect the following types of information:

      Customer Registration Information.  When a customer, whether an individual or an entity, creates an account at our website, activates our services or registers for an event, such as our webinar, we collect account information from that customer.  This information is referred to in this privacy policy as customer registration information.  This information generally includes the individual or contact name, company name, phone number, email address and other contact information, as well as data about services requested and payment information, such as credit card number, expiration date and billing address. 

      Customer Message Information.  We also maintain information that has been provided to us by our customers relating to their use of our products.  Information of this type is referred to in this privacy policy as customer message information.  This information primarily consists of our customersÕ address books or CRM information imported to and maintained within our products, email recipient lists created by our customers, such as lists using our Tout Groups feature, contact information for individuals or entities who receive email messages from customers using our product and information related to specific emails, including recipient information, the date and time of the email and analytics related to the email.  This data may include data directly provided by our users, such as the recipientÕs name, email address and the contents of the email, as well as indirect information, known as metadata, such as the geographical location of the sender and recipient, the type of device used by our customers to send the email, the dates and times of sending and opening emails, and the number of and other data regarding recipients opening, and clicking hyperlinks within, emails.

      Website Information.  We use cookies, web beacons and other automated methods to automatically collect information about visitors to our website and users of our products.  We refer to this information as website information.  The website information we gather includes browser type, operating system and IP address, as well as data of the web pages viewed and links clicked by visitors and/or customers.

      Information From Other Sources. To improve our services, we may receive information about you from other sources and add it to our account information.  Like the information you provide to us, we do not share this information with anyone except authorized third parties in connection with providing you with our services.

What Information Do We Share?

We do not sell, rent, trade or otherwise disclose customer or recipient personal information, except as provided below.

      Service Providers.  We may disclose the information we collect from you to third-party  service providers, agents or contractors who perform services jointly with us or on our behalf, including but not limited to credit card processing to bill you for the goods and services. .  These third parties are obligated by written agreements with Tout to maintain the same standards as Tout with respect to security, confidentiality and integrity of personal information and to use such information only as directed by us.

      For Legal Reasons.  We will share information with companies, organizations, law enforcement  or individuals if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to: meet any applicable law, regulation, legal process or enforceable government request; enforce our Terms and Conditions of Use, including investigation of potential violation; detect, prevent or otherwise address fraud, security or technical issues; and to protect against harm to the rights, property or safety of Tout, our customers or the public as required or permitted by law.

      Acquisition of Our Business.  If we are acquired by or merged with another company, or if all or substantially all of our assets are acquired by another company or as part of a bankruptcy proceeding, we may transfer the personal information we have collected to the acquiring company.  You will be notified via email or prominent notice on our website for 30 days of any such change in ownership or control of your personal data. You acknowledge that such transfers may occur, and that any acquirer or successor of Tout may continue to use your personal information as set forth in this policy.

      Aggregate Information.  We may share aggregate, anonymous or de-identified information, such as website data about how users use different parts of our website and services with third parties for advertising, marketing, research or similar purposes.  We do not disclose personal information in non-aggregate form to such third parties. 

How Do We Use Information We Collect?

We may use the information we collect and maintain, including personal data, for the following purposes:

      We may use your contact information to contact you for marketing and promotional purposes.  You will have the ability to opt-out from such communications. 

      To process orders, requests and payments, and to communicate with our customers about their accounts or about any requests, orders or payments.

      To provide requested services to our customers.  The services we provide our customers typically include certain email analytics services. 

      To administer our affiliate program.  In the event potential customers are forwarded to our site through our affiliate program, we will use collected information to make proper payment to our affiliate partners.

      To identify effective email practices.  We use anonymous, de-identified data compiled from our customersÕ emails as a statistical measure to determine effective email practices.

      To respond to any inquiries submitted to us and to provide technical support to our customers and our website visitors. 

      To tailor the information and content that we may send or display to customers or website visitors, to display targeted advertisements and to otherwise personalize experiences on the website.

      To better understand how users access and use our website and services, both on an aggregate and individualized basis, for the purposes of improving our website and product.

      To discover violations of our terms and conditions of use and our other policies.  For example, we may track or screen certain email activities, such as the importation of large email lists or the receipt of returned emails, to detect and prevent spamming activities. 

How Do We Secure the Personal Data We Collect?

We maintain administrative, technical and physical safeguards to protect against unauthorized disclosure, use, alteration or destruction of the personal information you provide to us on the website. However, no security system can be completely secure.  Accordingly, while we use commercially reasonable, industry-standard means to secure your information, we cannot guarantee that your personal information will not be improperly accessed, disclosed or destroyed by breach of any of our safeguards. 

The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information during transmission using industry-standard Secure Socket Layer (SSL) software.

What About Third Party Websites?

This website may contain links to external websites operated by third parties and our products may be integrated with third party products. Please be aware that these third-party websites and products are governed by their own privacy policies. We are not responsible for the privacy or security practices of such websites and products.  An example of an integrated use is accessing our product through Gmail.  Those customers will be subject to our privacy policy, as well as GmailÕs privacy policy.  We encourage you to read the policies of such third parties. 

How Do We Use Cookies and Other Tracking Technologies?

When you interact with our website, we strive to make your experience easy and meaningful. We may use or engage others to use cookies and clear gifs to track user activity and collect website information. In addition, we may combine the website information we collect with the other data we collect.

Cookies: When you come to our website, our web server sends a cookie to your computer. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. There are two types of cookies: session-based and persistent-based cookies. In addition, we may permit certain third parties to place cookies through our website. We do not link the information we store in cookies to any personally identifiable information you submit while on our website, other than by linking persistent cookies to our current customers as defined below.

      Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow the system to uniquely identify you while you are logged in to our website. This allows us to process your online transactions and requests, and to verify your identity, after you have logged in, as you move through our website.

 

      Persistent cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies that only we, or our service providers, can read and use, to identify the fact that you are our customer or prior visitor to our website. We are especially careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies.

      Third Party Cookies. We may also engage third parties to track and analyze non-personally identifiable website information. We use the data collected by such third parties to help us administer and improve the quality of our website, and to analyze website usage. We do not share this data with other third parties, except as described above in the section ÒHow Do We Use Information We Collect.Ó You should note, however, that we do not have access to or control over these third party cookies nor does this privacy policy cover such third parties' use of data.

Disabling Cookies: Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Website visitors who disable their web browserÕs ability to accept cookies will be able to browse our website; however, you must enable cookies in order to use our services.

Clear Gifs (Web Beacons/Web Bugs): We or the third parties we engage to track and analyze Website Information may employ clear gifs (a.k.a. Web Beacons/Web Bugs) to help us better manage content on our website. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users of the web. In contrast to cookies, which are stored on your computer's hard drive, clear gifs are embedded invisibly on web pages. We [do not][confirm] tie the information gathered by clear gifs to our customers' personally identifiable information.

We also use clear gifs in our HTML-based emails. They let us know which emails have been opened by recipients, allowing us to gauge the effectiveness of certain communications and marketing campaigns.  If you would like to opt out of emails from Tout, please notify us at privacy@toutapp.com

Do We Collect Information From Children?

We do not knowingly collect any personal information from children under 13. When users registering for our products or at our website identify themselves in the registration process as below the age of 13, we will block such users from providing any personal information. If we learn that we have collected the personal information of a child under 13 we will delete the information as soon as possible.

Do We Collect Information from International Visitors?

For users outside the United States, please note that any data or personally identifiable information you submit through our website or products will be transferred out of your country and into the United States. You consent to such transfer through your use of our products and website. You also warrant that you have the right to transfer such information outside your country and into the United States.

How Are Changes Made To This Privacy Policy?

We reserve the right to change this statement from time to time. If we make material changes in the way we use personal information, we will notify you by posting an announcement on our website and/or by sending you an email.  Your continued use of the products constitutes your acceptance of such changes.

How Can Personal Information Be Accessed and Updated?

Whenever you use our products, we aim to provide with access to your personal information.  If that information is wrong, you may update it or delete it through the service or by contacting us at privacy@toutapp.com, unless we have to keep that information for legitimate business or legal reasons.  When updating your personal information, we may ask you to verify your identity before we can act on your request. 

How Can Tout Be Contacted?

If you have any questions about our Privacy Policy, please contact us by clicking here or writing to team@toutapp.com or writing to us at ToutApp, Inc., 156 2nd Street, San Francisco, CA 94105. Your use of our website and services and any possible dispute over privacy are subject to this Privacy Policy and our Terms of Services, including limitations on damages, arbitration of disputes, and application of New York state law.

Last Updated: August 2012