Valimail Privacy Policy

1. Overview

1.1 Purpose. Valimail Inc. (“Valimail,” “we” or “us”) provides this Privacy Policy to inform you of our policies and procedures regarding the kinds of identifiable personal identifiable information (“Personal Information”) we may collect, how we intend to use and share that information, and how you can correct or change such information when you access or use our website, www.valimail.com, together with any and all future
websites operated by or on behalf of Valimail (“Site”) and access to our anti-phishing software and relates services (“Services”). We encourage you to read this Privacy Policy in its entirety before submitting any Personal Information, so you know how we collect and share your Personal Information. By using our Site or Services you are consenting to our policies regarding your information, and the ways in which we may collect, use, process, transfer and otherwise deal with that information, as described in this Privacy Policy now and as amended by us.

1.2 Scope. This Privacy Policy applies to Personal Information that is processed by Valimail in the course of our business.

2. Information We Collect and How We Use It

2.1 Personally Information. In the course of using our Services, you may provide us with Personal Information. This refers to information about you that can be used to contact or identify you. Personal Information includes, but is not limited to, your name, phone number, billing information, email address and home and business street addresses. We use your Personal Information mainly to provide our services and administer your inquiries. For example, when you register with us through the Site, we will ask you for Personal Information to associate with your account.

2.2 Non-Identifying Information. We also collect the other information that you provide as part of registration and the administration and personalization of your account (for example, your zip code or individual preferences) (“Non-Identifying Information”). Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip
code with your street address) in a way that enables you to be identified. But the same pieces of information are not Personal Information on their own or when combined only with other Non-Identifying Information (for example, combining your zip code with your viewing preferences).

2.3 Using your Personal Information. We use your Personal Information and Non- Identifying Information (in some cases, in conjunction with one another) to provide theServices, complete your transactions, and administer your inquiries. We may also useNon-Identifying Information for more general purposes such as to plan and measure theeffectiveness of our marketing efforts and to identify ways to improve or change ourServices.We may also use your Personal Information to contact you with Valimail newsletters,marketing or promotional materials and other information that may be of interest to you.If you decide at any time that you no longer wish to receive such communications fromus, please follow the unsubscribe instructions provided in any of the communications orupdate your ‘user preferences’ information. See Section 5 below, for more detail.

2.4 Log Data Collection and Use. When you visit the Site, whether as a registereduser or a non-registered user just browsing (any of these, a “Valimail User”), ourservers automatically record information that your browser sends whenever you visit awebsite (“Log Data”). This Log Data may include information such as your computer’sInternet Protocol (IP) address, browser type, the webpage you were visiting before youcame to our Site, pages of our Site that you visit, the time spent on those pages,information you search for on our Site, access times and dates, and other statistics. Weuse this information to monitor and analyze use of the Services and for the Services’technical administration, to increase our Site’s functionality and user-friendliness, and tobetter tailor the Services to our visitors’ needs. For example, some of this informationmay be collected so that when you visit the Site again, it can recognize you and displaySite content that is appropriate to your interests or needs. We also use this informationto verify that visitors to the Site meet the criteria required to process their requests. Wedo not treat Log Data as Personal Information or use it in association with otherPersonal Information, though we may aggregate, analyze and evaluate such informationfor the same purposes as stated above regarding other Non-Identifying Information.

2.5 DMARC and DNS Data Collection and Use. The Valimail email authenticationservice operates based on data automatically forwarded to our servers regarding emailpurporting to be sent from or to the Internet domains that we service. This data isprimarily generated and received using common technical standards and protocolsknown as Domain-based Message Authentication, Reporting & Conformance (DMARC),Domain Name System (DNS), DomainKeys Identified Mail (DKIM), and Sender PolicyFramework (SPF). This data includes DMARC aggregate reports, DMARC failurereports, and logs of DNS requests for DMARC, DKIM and SPF records. Reports suchas DMARC failure reports, which contain failed email transmissions, may contain someheader information or content from the affected email message (depending on thereceiving domain’s email system settings), but we do not collect DMARC failure reports.The other DMARC and DNS-related reports and logs do not provide any informationthat we consider Personal Information, although some of this data does allow us todetermine the originating or delivering domain, the originating IP address, and/or theservice provider used to send an email message. We log this information and use it foroperational and analytics purposes.

2.6 Social Media. Social Media resources are interactive tools that enable individuals tocollaborate and share information with others. Social media resources include, but arenot limited to, social networks, discussion boards, bulletin boards, chat, blogs, wikis,and referral functions to share web site content and tools with a friend or colleague.

Valimail may collect Personal Information to enable individuals to use online socialmedia resources offered either by Valimail or a Third Party. We may also enable you touse these social media resources to post or share personal information with others.When using social media resources, you should take into careful consideration whatpersonal information you share with others.

If you use an online social media resource offered by a Third Party (“Third Party SMR”)through the Valimail Site, you acknowledge that Valimail may be able to access anyinformation you make public through such Third Party SMR (such as you username,comments, posts and contacts) and other information your privacy settings on suchThird Party SMR permit Valimail to access. Valimail will comply with the terms of thisPrivacy Policy and the privacy policies applicable to the social media resources it uses.

2.7 Research/Survey Solicitations. From time to time Valimail may perform research(online and offline) via surveys. We may engage Third Party-service providers toconduct such surveys on our behalf. All survey responses are voluntary, and theinformation collected will be used for research and reporting purposes to help us betterserve Individuals by learning more about their needs and the quality of the products andservices we provide. The survey responses may be utilized to determine theeffectiveness of our Sites, various types of communications, advertising campaignsand/or promotional activities. If an individual participates in a survey, the informationgiven will be used along with that of other study participants. We may share anonymousindividual and aggregate data for research and analysis purposes.

2.8 Information Submitted Via Sites. You agree that Valimail is free to use the contentof any communications or other information submitted by you via the Site, includingnarratives, images, ideas, inventions, concepts, techniques, or know-how disclosedtherein, for any purposes including developing and/or marketing goods or services.However, Valimail does not release your name or otherwise publicize the fact that yousubmitted materials or other information to us unless: (a) you grant us permission to doso; (b) we first send notice to you that the materials or other information you submit to aparticular part of a site will be published or otherwise used with your name on it; or (c)we are required to do so by law.

3. Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-based Advertising

3.1 Cookies. Like many websites, we and our third-party suppliers, use ‘cookies’ tocollect information. A cookie is a small data file that we transfer to your computer’s harddisk for record-keeping purposes. We may link the information we store in cookies tothe Personal Information you submit while on our Site.

We use session ID cookies for session management, to enable certain features of theServices, to better understand how you interact with the Services, and to monitoraggregate usage by Valimail Users and web traffic routing on the Services. We mayalso use persistent cookies to save your registration ID and login password for futurelogins to the Site. You can instruct your browser, by changing its options, to stopaccepting cookies or to prompt you before accepting a cookie from the websites youvisit. If you do not accept cookies, however, you may not be able to use all portions ofthe Site or all functionality of our Services.

3.2 Pixel Tags/Web Beacons. We also use ‘web beacons,’ ‘pixel tags,’ ‘clear GIFs’ orsimilar means (“Web Beacons”) on our Site. A Web Beacon is an electronic image,often a single pixel, embedded on web pages. Web Beacons are ordinarily not visible tousers. Web Beacons allow us to count the number of users who have visited certainpages of the Site, to deliver branded services and to generate statistics about how ourSite is used.

3.3 Analytics Information. We may also use Google Analytics and Google AnalyticsDemographics and Interest Reporting to collect information regarding visitor behaviorand visitor demographics on some of our Sites, and to develop website content. Thisanalytics data is not tied to any Personal Information. For more information aboutGoogle Analytics, please visit www.google.com/policies/privacy/partners/. You can optout of Google’s collection and processing of data generated by you use of the Servicesby going to https://tools.google.com/dlpage/gaoptout.

3.4 Interest-Based Advertising. Through our Site, Valimail may allow Third-Partyadvertising partners to set tracking tools (e.g., cookies) to collect anonymous, non-Personal Information regarding your activities (e.g., your IP address, page(s) visited,time of day). We may also share such de-identified information we have collected withThird-Party advertising partners. These advertising partners may use this information(and similar information collected from other websites) for purposes of deliveringtargeted advertisements to you when you visit non-Valimail related websites within theirnetworks. These practices are commonly referred to as “interest-based advertising” or“online behavioral advertising.”

You can opt out of the collection and use of your information for interest-basedadvertising by going to http://optout.aboutads.info or http://www.youronlinechoices.eu/to limit collection through the Site or by configuring the settings on your mobile device tolimit ad tracking through the mobile applications.

Even if you opt-out, we may still collect and use non-Personal Information regardingyour activities on our Sites and/or information from the advertisements on Third-Partywebsites for non-interest based advertising purposes, such as to determine theeffectiveness of the advertisements.

4. Mobile Devices

Valimail may provide websites and online resources that are specifically designed to be compatible and used on mobile devices. Valimail will collect certain information that your mobile device sends when you use such websites or online resources, like a device identifier, user settings and the operating system of your device.
Mobile versions of Valimail’s websites may require that users log in with an account. In such cases, information about use of each mobile version of the website may be associated with user accounts. In addition, Valimail may enable Individuals to download an application, widget or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices These tools may transmit Personal Information to Valimail to enable Data Subjects to access user accounts and to enable Valimail to track use of these tools. Valimail may use personal or non-identifiable information transmitted to the Company to enhance these tools, to develop tools, for quality improvement and as otherwise described in this Privacy Policy or in other notices Valimail provides.

5. Your Choices and Ability to Opt-Out

5.1 General. You have the right to opt out of certain uses and disclosures of your Personal Information, as set out in this Privacy Policy. Where you have consented to Valimail’s processing of your Personal Information, you may withdraw that consent at any time and opt out by following the instructions in this section 5 or submitting a request using the instructions provided in section 8. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will provide information regarding the new purpose and give you the opportunity to opt out.
5.2 Communications. “Unsubscribe” instructions will be provided in any email marketing communications from Valimail so that you can opt-out. However, we may continue to send emails regarding products or services you have requested in response to such request. We may need to send you certain communications regarding Valimail programs and services and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Use or this Privacy Policy. We maintain telephone “do not call” lists and “do not mail” lists as mandated by law. We process requests to be placed on do not mail, do not phone and do not contact lists within 60 days after receipt, or such shorter time as may be required by law. Registered Valimail users may change how and when Valimail communicates with them by logging
into their account and reviewing, updating, correcting or deleting the Personal Information, or by changing the preferences associated with their account.

6. Information Sharing and Disclosure

6.1 General. Valimail does not sell or otherwise disclose Personal Information aboutyou, except as described in this Privacy Policy or as you explicitly consent. Valimailendeavors to require third parties to which it discloses Personal Information to protectPersonal Information using substantially-similar standards to those required by Valimail(and at least the same level of privacy protection as is required by the Privacy ShieldPrinciples and this Privacy Policy), and to notify Valimail if they make a determinationthey can no longer meet this obligation.

6.2 Privacy Shield. The European Court of Justice overturned the EU-U.S. PrivacyShield on July 16, 2020. Notwithstanding the aforementioned, Valimail complies withthe requirements of the EU-U.S. Privacy Shield Framework and Swiss-U.S. PrivacyShield Framework as set forth by the U.S. Department of Commerce and the FederalTrade Commission (“FTC”), regarding the collection, use, and retention of PersonalInformation transferred from the European Economic Area, the United Kingdom, and/orSwitzerland, as applicable to the United States, respectively (collectively “PrivacyShield”). Valimail has certified to the Department of Commerce that it adheres to thePrivacy Shield Principles and Supplemental Principles. If there is any conflict betweenthe terms in this Privacy Policy and the Privacy Shield Principles, the Privacy ShieldPrinciples shall govern. To learn more about the Privacy Shield program, and to viewValimail’s certification, please visit https://www.privacyshield.gov. Additionally, Valimailmay protect your data through other legally valid methods, including international datatransfer agreements. Adherence to the Privacy Shield Principles for Privacy ShieldCovered Data may be limited (i) to the extent required or allowed by applicable law, ruleor regulation; (ii) to the extent necessary to respond to lawful requests by publicauthorities, including to meet national security, law enforcement, legal or governmentalrequirements; and/or (iii) to protect the health or safety of an individual.

6.3 Aggregate Information and Non-Identifying Information. We may share aggregatedinformation that does not include Personal Information, and we may otherwise discloseNon-Identifying Information, Log Data and DMARC and DNS data with third parties forindustry analysis, demographic profiling and other purposes. Any aggregatedinformation shared in these contexts will not contain your Personal Information.

6.4 Service Providers. We may employ third party companies and individuals tofacilitate our services, to provide our services on our behalf, to perform Site-relatedservices (for example, maintenance services, database management, web analytics,improvement of the Services’ features, and communications with users of our Services)or to assist us in analyzing how our Services are used. These third parties have accessto your Personal Information only to perform these tasks on our behalf and we do notauthorize them to disclose or use it for any other purpose.

6.5 Compliance with Laws and Law Enforcement. Valimail cooperates with governmentand law enforcement officials and private parties to enforce and comply with the law.We will disclose any information about you to government or law enforcement officialsor private parties as we, in our sole discretion, believe necessary or appropriate torespond to claims and legal process (including but not limited to subpoenas), to protectthe property and rights of Valimail or a third party, to protect the safety of the public orany person, or to prevent or stop activity we may consider to be, or to pose a risk ofbeing, any illegal, unethical or legally actionable activity.

6.6 Business Transfers. Valimail may sell, transfer or otherwise share some or all of its assets, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy (“Transfer Event”). Valimail will disclose Personal Data to a third party in the event of a Transfer Event.

7. Other Important Information

7.1 Rights of Access, Rectification, Erasure, and Restriction. Under Privacy Shield, youmay seek confirmation regarding whether Valimail is processing Personal Informationabout you, request access to Personal Information, and ask that we correct, amend ordelete your Personal Information where it is inaccurate or has been processed inviolation of the Privacy Shield Principles.Registered Valimail users may review, update, correct or delete the PersonalInformation in their registration profile by logging into their account and changing thepreferences associated with their account. If you completely delete all such information,your account may be deactivated. We may retain an archived copy of your records aslong as required by law or for legitimate business purposes.Where otherwise permitted by applicable law, you may use any of the methods set outin Section 8 of this Privacy Policy to request access to, receive, restrict processing,seek rectification or request erasure of Personal Information held about you by Valimail.Such requests will be processed in line with local laws. Although Valimail makes goodfaith efforts to provide Individuals with access to their Personal Information, there maybe circumstances in which Valimail is unable to provide access, including but not limitedto: where the information contains legal privilege, would compromise others’ privacy ofother legitimate rights, where the burden or expense of providing access would bedisproportionate to the risks to the Individual’s privacy in the case in question or where itis commercially proprietary. If Valimail determines that access should be restricted inany particular instance, we will provide you with an explanation of why thatdetermination has been made and a contact point for any further inquiries. To protectyour privacy, Valimail will take commercially reasonable steps to verify your identifybefore granting access to or making any changes to your Personal Information.

7.2 Security. Valimail is very concerned with safeguarding your information. We employadministrative, physical and electronic measures designed to protect your informationfrom unauthorized access. We will make any legally required disclosures of any breachof the security, confidentiality, or integrity of your unencrypted electronically stored‘personal data’ (as defined in applicable state statutes on security breach notification) toyou via email or conspicuous posting on this Site in the most expedient time possibleand without unreasonable delay, insofar as consistent with (i) the legitimate needs oflaw enforcement or (ii) any measures necessary to determine the scope of the breachand restore the reasonable integrity of the data system.

Please note that no method of transmission over the internet, or method of electronicstorage is 100% secure. Therefore, we cannot ensure or warrant the security of anyinformation you transmit to Valimail.

7.3 International Transfer. Your information may be transferred to, processed andstored on computers, networks and other equipment located outside of your state,province, country or other governmental jurisdiction where the privacy laws may not beas protective as those in your jurisdiction. This includes our own computers andnetworks as well as those of the cloud-based service providers that provide much of ourServices’ infrastructure. This equipment may be located within and/or outside of theUnited States. Your consent to this Privacy Policy followed by your submission of anyinformation represents your agreement to the transfer of that information as describedabove.

7.4 Policy Toward Children. This Site is not directed to children under 18. We do notknowingly collect personally identifiable information from children under 13 (and incertain jurisdictions under the age of 16). If a parent or guardian becomes aware thathis or her child has provided us with Personal Information without their consent, he orshe should contact us at privacy@valimail.com. If we become aware that a child under13 (and in certain jurisdictions under the age of 16) has provided us with PersonalInformation, we will delete such information from our files.

7.5 Phishing. Identity theft and the practice currently known as ‘phishing’ are of greatconcern to Valimail. Safeguarding information to help protect you from identity theft is atop priority. We do not and will not, at any time, request your credit card information,your account ID, login password, or national identification numbers in an unsolicited emailor telephone communication. For more information about phishing, visit the FederalTrade Commission’s website.

7.6 Links to Other Sites. Our Services may contain links to other websites. If youchoose to click on a third-party link, you will be directed to that third party’s website. Thefact that we link to a third-party website or allow advertising of (or otherwise refer to)third-party products or services on our Services is not an endorsement, authorization orrepresentation of our affiliation with that third party, nor is it an endorsement of theirprivacy or information security policies or practices. We do not exercise control overthird-party websites. These other websites may place their own cookies or other files onyour computer, collect data or solicit personal information from you. Other sites followdifferent rules regarding the use or disclosure of the personal information you submit tothem. We encourage you to read the privacy policies or statements of the otherwebsites you visit.

7.7 Do-not-Track Signals. While our Site at this time does not recognize automated browser signals regarding tracking mechanisms, such as “do not track” instructions, you can generally express your privacy preferences regarding the use of most cookies and similar technologies through your web browser, as indicated elsewhere in this privacy policy.

7.8 California Privacy Rights. California law permits users who are California residentsto request and obtain from us once a year, free of charge, a list of the Third Parties towhom we have disclosed their Personal Information (if any) for their direct marketingpurposes in the prior calendar year, as well as the type of Personal Informationdisclosed to those parties. Additionally, the California Consumer Privacy Act, Cal. Civ.Code §§ 1798.100 et seq. (“CCPA”) grants consumers certain rights over their PersonalInformation, including:

• Right to Know: about any Personal Information used, collected and disclosed toThird Parties• Right to Deletion: request to delete or destroy any and all Personal Informationcollected.• Right to Non-Discrimination: the right to not be discriminated against forexercising rights under CCPA.

Valimail honors these rights for California residents. Please note that Valimail does not sell your Personal Information; however, Valimail respects and understands that you may still want to ensure your Personal Information is not sold. Therefore, if you would still like to proceed with a “Do Not Sell My Personal Information” request, please submit a request at privacy@valimail.com

8. Contacting Us

If you have any questions about this Privacy Policy, would like to submit a request or have any privacy concerns, please contact us at 180 Montgomery Street, 20th Floor, San Francisco, CA 94104 or at privacy@valimail.com. Valimail will address your concerns and attempt to resolve any privacy concerns in a timely manner.

8.1 EU Citizens. If you are an EU citizen and feel that Valimail is not abiding by the terms of this Privacy Policy, or is not in compliance with the Privacy Shield Principles, please contact Valimail at the contact information provided above. In addition, Valimail has agreed to refer unresolved complaints related to personal information to JAMS Privacy Shield Dispute Resolution Program and, with respect to Employee and human
resources data, has committed to cooperate with the panel established by local data protection authorities and comply with the advice given by the panel for EU citizens and with the Swiss Federal Data Protection and Information Commissioner’s authority and advice for such data of Swiss citizens. For more information and to submit a complaint regarding Individual data to JAMS, a dispute resolution provider which has locations in
the United States and EU, visit https://www.jamsadr.com/eu-us-privacy-shield. Such independent dispute resolution mechanisms are available to citizens free of charge. If any request remains unresolved, you may contact the national data protection authority for your EU Member State.

You may also have a right, under certain circumstances, to invoke binding arbitration under Privacy Shield. For additional information, see
https://www.privacyshield.gov/article?id=ANNEX-I-introduction. The FTC has jurisdiction over Valimail’s compliance with the Privacy Shield.

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