Privacy Policy

Your privacy is important to MessageWatcher. This Privacy Policy (“Policy”) describes how MessageWatcher (“MessageWatcher”, “Our”, “Us”) collects, uses, processes, and discloses personal information. MessageWatcher may update this Policy from time to time. MessageWatcher will post the updated Policy at this page and will provide notice on the MessageWatcher Portal when MessageWatcher makes material changes to the Policy.

This Privacy Policy applies to the collection and processing of personal information by MessageWatcher from:

This Privacy Policy DOES NOT APPLY to the processing of data, including personal information, collected and retained by MessageWatcher on behalf of our Customers in connection with the provision of software services, such as archiving, to such clients and their respective users, agents, and employees. If you are, or become, one of our clients, MessageWatcher collects, uses, deletes, and discloses data captured by our services, including personal information, in accordance with the applicable service agreement. When you use our services, the terms of the applicable service agreement between MessageWatcher (or an affiliate of MessageWatcher) and you (or your employer) will govern the collection, use, deletion, and disclosure of all data generated, captured, and retained in such service.

If you are an employee of one of MessageWatcher’s Customers and your data, including personal information, is being collected and retained pursuant to a service agreement between MessageWatcher and your employer, such service agreement governs the collection, use, and destruction of all such data collected by MessageWatcher, including your personal information. If this situation is applicable to you and you wish to inquire about the collection, use, and destruction of your personal information pursuant to such service agreement, please direct any questions or requests to your employer, as your employer is the party controlling the collection, use, and destruction of your personal information and MessageWatcher is only acting as the processor of such personal information. For more information on how MessageWatcher protects Client Data and Client Confidential Information, please go here – Privacy Policy. For more information on MessageWatcher’s standard service agreement, please go here – Terms of Use.

This Policy Governs Personal Information MessageWatcher Collects Via:

• Our corporate Website www.MessageWatcher.com (the “Site”);
• third-party sources such as lead generation tools, data providers and social media platforms (“Third-Party Sources”); and
• tradeshows, conferences or conventions (“Events”).

MessageWatcher is the data controller for the personal data MessageWatcher collects from the above list of places. This Policy does not apply to the data MessageWatcher captures and archives on behalf of MessageWatcher Customers, or to individual persons with whom MessageWatcher’s Customers communicate. Our Customers enter into a services agreement with MessageWatcher that governs the collection, processing, and storage of such data.
With respect to MessageWatcher Customers, the Customer is the data controller, and this Policy does not apply to individuals employed by MessageWatcher’s Customers. The Customer’s data privacy policy and privacy practices govern those relationships. For example, if your employer is using MessageWatcher to archive your company’s email, then your employer is MessageWatcher’s Customer, and your employer controls that data. This Policy does not apply to any third-party services, third-party websites or third-party platforms (such as social media platforms) that MessageWatcher does not control. Such third-party services’, third-party ebsites’, or third-party platforms’ respective privacy policies and privacy practices govern those services.
In response to the “Schrems II” decision issued by the Court of Justice of the European Union, MessageWatcher withdrew from the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, effective November 13, 2020.

Regulation S-P Compliance Statement
MessageWatcher provides technology services to investment advisers and other regulated firms. We understand that our clients are subject to the SEC’s Regulation S-P, which governs the protection of consumer financial information.
As a vendor, we are committed to:

• Implementing and maintaining administrative, technical, and physical safeguards designed to protect customer records and information.
• Supporting our clients’ ability to comply with Regulation S-P and related privacy and safeguard obligations.
• Not disclosing nonpublic personal information of clients’ customers except as permitted by law and by our service agreements.
• Reviewing and updating our safeguards periodically to address evolving risks and regulatory expectations.
• In the event of a breach, MessageWatcher will notify the covered institution as soon as possible, but no later than 72 hours after becoming aware of a breach in security that results in unauthorized access to a customer information system that they maintain.

California Consumer Privacy Act
MessageWatcher complies with the California Consumer Privacy Act (“CCPA”), effective January 1, 2020, which affords California residents new rights with respect to their personal information. These rights, limited by the statute and explained below, are as follows:

1. The right to request disclosure of a California resident’s business’ data collection and sales practices in connection with the requesting consumer, including the categories of personal information collected, the source of the information, the use of the information, and, if the information is disclosed or sold to third parties, the categories of personal information disclosed or sold to third parties and the categories of third parties to whom such information was disclosed or sold;
2. The right to request a copy of the specific personal information collected about a California resident during the 12 months before their request;
3. The right to have such information deleted (with certain exceptions);
4. The right to request that a California resident’s personal information not be sold to third parties, if applicable; and
5. The right not to be discriminated against because a California resident exercised any of the new rights.

MessageWatcher does not knowingly collect personally identifiable information from children under 17 years of age.

General Data Protection Regulation
Additionally, MessageWatcher complies with the General Data Protection Regulation (“GDPR”), which affords European Union (“EU”) residents new rights with respect to their personal information. These rights, limited by the statute and explained below, are as follows:

1. The right to be informed about the collection and use of your personal data;
2. The right of access to information about the processing purposes, the categories of personal data processed, the recipients or categories of recipients, the planned duration of storage, information about the rights of the data subject such as rectification, erasure, or restriction of processing, the right to object, instructions on the right to lodge a complaint with the authorities, information about the origin of the data, as long as these were not collected from the data subject himself, and any existence of an automated decision-taking process, including profiling, with meaningful information about the logic involved as well as the implications and intended effects of such procedures;
3. The right to rectification of inaccurate personal data when it becomes identified as inaccurate or incomplete;
4. The right to erasure of personal data without undue delay;
5. The right to restrict processing of their personal data where they have a particular reason for wanting the restriction;
6. The right to data portability to obtain and reuse personal data across different services;
7. The right to object to the processing of their personal data if it is for direct marketing purposes; and
8. Rights in relation to automated decision making and profiling to a decision based solely on automated processing.

MessageWatcher Collects the Following Types of Personal Information:
MessageWatcher collects identifiers, commercial information, internet/electronic activity, geolocation, professional or employment related information, and MessageWatcher has collected those categories of information from individuals (including residents of California) within the prior twelve months. More specifically, MessageWatcher collects:

Information You Provide Us:
You may provide MessageWatcher with your name, email address, address, company, country, phone number or other information. You may provide this information to MessageWatcher by completing a form or survey, submitting a request for information or content, completing a “contact us” form, subscribing to a newsletter, providing feedback, requesting information about conferences and tradeshows, giving MessageWatcher a business card, interacting with MessageWatcher at events, webinars, tradeshows, conventions or conferences, or communicating with MessageWatcher through the Site. There also may be other, similar ways that you provide MessageWatcher with information that is not listed above. MessageWatcher will associate the non-identifiable data you provide MessageWatcher with other personally identifiable information you provide MessageWatcher.

Information MessageWatcher Automatically Collect on the Site:
When you visit the Site, click on Our advertisements on other Websites, or click on a link to the Site in an email from Us, MessageWatcher will automatically collect information about you through cookies or tracking technologies. As is true of most Websites, MessageWatcher gathers certain information automatically and stores it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. MessageWatcher may combine this automatically collected log information with other information MessageWatcher collects about you.

Information from Third-party Sources:
Information obtained from Third-party Sources like lead generation providers, content sponsors, or social media platforms may include marketing or demographic information, your business or contact information, information about you from social media platforms that you use to interact with MessageWatcher or the Site, or other information. MessageWatcher may combine this information with other information you provide to MessageWatcher or that MessageWatcher automatically collects from you.

Archival Information:
MessageWatcher collects communications for archival purposes on behalf of and as directed by Our Customers as part of our providing our Services. Archival Information is governed by the services agreement between MessageWatcher and a Customer. This information may include emails, texts, Websites, social media messages or posts, and other forms of data or electronic communications (“Archival Information”) that our Customers create. Archival Information includes data about MessageWatcher’s Customers and the third parties they correspond with. MessageWatcher does not control or monitor the information that MessageWatcher’s Customers collect and store through MessageWatcher’s services, nor does MessageWatcher monitor MessageWatcher’s Customers’ privacy practices or policies. It is Our Customer’s obligation to obtain all necessary consents and to comply with all applicable laws with respect to the Customer’s communications and the use of Our services. Our Customer’s privacy policies or practices apply to: Archival Information, the purposes for which the Customer collects Archival Information, how the Customer may use Archival Information, and what choices the individual may have with respect to Archival Information. Individuals must contact the applicable Customer to correct, amend, or delete applicable Archival Information, or to opt out of any collection, use, or disclosure of their information by Our Customer.

Customer Information: MessageWatcher also collects information about individuals within Our Customers’ organizations (“Customer Information”). Customer Information is governed by the services agreement between MessageWatcher and a Customer. Customer Information may include information related to the Customer’s account, name, work e-mail address, work phone number, job title, or similar kinds of information. MessageWatcher uses Customer Information to support the Customer account, maintain Our business relationship with the Customer, respond to Customer inquiries, or perform accounting functions. Customers may update personal information and passwords by logging into the applicable services and updating their account or by contacting MessageWatcher at [email protected]. Customers, not their employees, as explained above, may request to delete their personal information through Cancel Services. In some cases, MessageWatcher may be unable to delete Customer Information, and in such cases, MessageWatcher will tell you why.

Automatically Collected Information in the Services:
MessageWatcher collects information automatically in the services about how MessageWatcher’s Customers use the services (“Automatically Collected Information”). MessageWatcher does this via data collection technologies such as cookies, Web beacons, gifs, or other tracking technologies, which occurs post-authentication. MessageWatcher collect this information to monitor, support, and improve Our services or to provide Customers with certain customized features. MessageWatcher may use Automatically Collected Information to tell MessageWatcher how Our Customers use Our services, to improve Our services or develop new products, services, or features. MessageWatcher may combine this information with other information MessageWatcher collects. MessageWatcher treats Archival Information and Customer Information as confidential and proprietary information of Our Customers, subject to the terms of the service agreement between MessageWatcher and the Customer. MessageWatcher does not share Archival Information, Customer Information, or Automatically Collected Information with third parties unless directed to do so by Our Customer, as may be necessary to provide services to the Customer, to Our advisors, channel partners, affiliates, representatives, agents, or service providers, in connection with a business transaction (such as a merger or sale), in response to a court order, subpoena, warrant, to comply with a legal requirement, or to cooperate with an investigation. MessageWatcher may disclose Automatically Collected Information or Customer Information for the aforementioned reasons or to protect Our rights or the rights of Our affiliates, customers, channel partners or service providers. MessageWatcher will retain Archival Information, Automatically Collected Information or Customer Information as necessary to comply with Our legal obligations, resolve disputes, or enforce Our agreements.

MessageWatcher Collect Personal Information for the Following Purposes:

• To present, operate, or improve the Site, including analysis of Site activity;
• To respond to technical problems;
• To respond to, process, and deliver you communications, requests, surveys, or contest entries;
• To request feedback about your experience with Our products and services;
• To communicate with you about new contests, promotions, rewards, upcoming events, trade shows or conferences, changes to the Site or Our products or services, or other news about products and services (whether offered by MessageWatcher or Our partners);
• To provide you with content you request;
• To customize or personalize your online experience, for example, to pre-populate forms, or to display or provide you with relevant content, advertising or communications;
• To provide the services;
• To enforce or protect any right;
• To investigate or deter against fraudulent, unauthorized, or illegal activity;
• To otherwise fulfill the purpose for which the information was provided;
• To update marketing lists and manage databases;

MessageWatcher may link, combine, or supplement the information you provide MessageWatcher with other information MessageWatcher receives from Third-party Sources or with cookies. MessageWatcher does this to help understand your needs and provide you with better products and services, to identify you when you return to Our Site or to pre-populate forms. MessageWatcher may use anonymous, aggregated personal information for different purposes, like market analysis, traffic flow analysis and reporting, or to deliver relevant advertising and information based on click stream data. MessageWatcher may also use this information to examine Our traffic in aggregate, to investigate misuse of Our network or its users, or to cooperate with law enforcement.

MessageWatcher May Use Certain Tracking Technologies to Collect Personal Information:
If necessary for support and service of our solutions, MessageWatcher may use tracking technologies like cookies, clear gifs, Web beacons, Web bugs, or other similar technologies. MessageWatcher may receive reports based on the use of these technologies by Third-party Sources that provide MessageWatcher services on an individual as well as aggregated basis. Cookies are used to identify which Website or marketing campaign you came from, which areas of the Site you visited and your actions on the Site, and where you go when you leave the Site. Cookies may be “session” cookies and deleted after you leave the Site or “persistent” cookies that are stored. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, which are used to track the online movements of Web users. In contrast to cookies, clear gifs are embedded invisibly on Web pages, emails or advertisements and track clicks. MessageWatcher use clear gifs to determine whether Our marketing campaigns are successful, such as to determine whether you open an email MessageWatcher sends or whether you click on the links within the emails MessageWatcher sends. Generally, MessageWatcher use these technologies to:

• manage content, analyze trends, monitor page visits and content downloads;
• administer the site, track users’ movements around the site; and
• gather demographic information about Our user base.

MessageWatcher may partner with third parties to manage Our advertising on third-party sites. Our third-party partners may use technologies such as cookies to gather information about your activities on this Site and other sites to advertise to you based upon your browsing activities and interests. If you do not wish to have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking http://www.networkadvertising.org/managing/opt_out.aspor by visiting the relevant ad network (Google Ads is available here: https://www.google.com/settings/ads). There are multiple other resources that allow you to opt out of Web tracking at the browser level by following the browser’s instructions. MessageWatcher respects your Do Not Track choices instituted at the browser level.

MessageWatcher Does Not Sell Data:
MessageWatcher does not
sell, rent or lease the information MessageWatcher collects to third parties. Sale under CCPA is a broader concept. Under CCPA, a “sale” is providing access to or disclosing personal information to a third party for monetary or other valuable consideration.  MessageWatcher does not
disclose personal information to a third party for monetary or other valuable consideration, so MessageWatcher does not
sell or share information, even under the CCPA definition.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties

MessageWatcher May Share Your Data if Necessary to Provide Service and Support:

• With Our reseller partners, referral partners, channel partners, technology partners, other partners, affiliates, agents, subcontractors, representatives, or services providers only as necessary to provide service and support;
• In connection with a divestiture, merger, acquisition, sale, or similar transaction;
• To protect or enforce Our rights or property, or the rights or property of Our affiliates, channel partners, reseller partners, referral partners, technology partners, other partners, agents, subcontractors, representatives, or services providers;
• In response to a court order, subpoena, or warrant, to comply with a legal requirement, or to cooperate with an investigation;
• To identify persons who may be violating the law, Our Website terms of service, or the rights of third parties, or otherwise misusing the Site or its related properties;
• With MessageWatcher technology or third-party service providers such as website hosts, job applicant management tools, email marketing campaigns, and other marketing or sales operations tools, pursuant to written agreements with such providers in which MessageWatcher’s service providers are required to use information solely for the purpose of providing the services, treat information as confidential, and provide that any transfers outside of the EEA are subject to standard contractual clauses;
• With your consent, or to fulfill the purpose for which you provided the information; or
• As permitted by law.
• MessageWatcher may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Third-Party Service Providers, Widgets, Websites, Ads And Content May Be Provided Through The Site.
The Site may contain links to Websites or content sponsored or provided by third parties. These sites and services may use their own cookies or data tracking technologies to collect data or information from you. MessageWatcher does not control the practices of these third parties or their Websites or content. MessageWatcher is not responsible for the privacy practices or the content of these third parties. MessageWatcher does not share the information that you provide MessageWatcher with these third parties, however, these third parties may obtain information about you if you click on a third-party link. Certain widgets on the Site (such as social media widgets), may collect information about you automatically through cookies and may combine information about your use of Our Site with information they collect in other areas. MessageWatcher has no control over the practices of these widgets and are not responsible for their privacy practices. Please visit the privacy policies of these third parties to learn more about how they collect and use your information. Some of the ads you receive on Websites are customized based on predictions about your interests generated from your visits over time and across different Websites from an ad network. This is called interest-based advertising and is enabled through your computer browser and browser cookies. These ads are provided based on information owned or controlled by an ad network, and subject to the ad network’s privacy policies.. MessageWatcher may use other third-party service providers such as an email service provider to send out emails on Our behalf, a career management platform to collect resumes, or a chat widget that allows MessageWatcher to communicate with you. MessageWatcher may share your information with these service providers and others, as necessary for them to perform their functions.

MessageWatcher Uses Commercially Reasonably Means To Protect The Security Of Your Personal Information.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. MessageWatcher uses commercially reasonable means to protect your personal information, but MessageWatcher cannot guarantee its absolute security.

You Have Choices Regarding Providing Personal Information.
MessageWatcher does not require that you provide information through Our Site, however, if you do not choose to provide information, MessageWatcher may not be able to offer or provide services to you. You may opt-out of receiving promotional emails from MessageWatcher by following the instructions about opting out in those emails. If you opt-out, MessageWatcher may still send you non-promotional communications, such as emails about your accounts, product notices, or MessageWatcher’s ongoing business relations.

Opt Out for California Residents under CCPA.
A California resident may opt out of having MessageWatcher transfer information to third-parties for the purposes of offering products or services by emailing [email protected]. Opting out may prevent MessageWatcher from being able to offer you products and services. If you opt out, MessageWatcher may still send you non-promotional communications, such as emails about your accounts, product notices, or MessageWatcher’ ongoing business relations. Please keep in mind that if your employer is a MessageWatcher Customer having your data archived through your employer’s agreement with MessageWatcher then your employer is the party that you should contact about your archived information.

You Can Request Access To Your Personal Information, Understand Data Retention And Employ The Right To Be Forgotten.
CCPA and GDPR Personal Information Requests. California and EU residents may request personal information or request erasure of personal information not more than twice in a twelve-month period. MessageWatcher will need to collect information to verify the identity of the requesting California resident. MessageWatcher will respond to a request from a California resident within thirty days.
A California resident can make a personal information request by having their MessageWatcher Account Administrator contact MessageWatcher, or, email [email protected]. In some cases, MessageWatcher may be unable to delete your personal information, in which case MessageWatcher will let you know why. Please keep in mind that if your employer is a MessageWatcher Customer having your data archived through your employer’s agreement with MessageWatcher then your employer is the party that you should contact about your archived information.
MessageWatcher will retain your information for as long as MessageWatcher determines is necessary. MessageWatcher will retain data MessageWatcher processes on behalf of Our Customers for as long as needed to provide services to Our Customers, for the retention period requested by a particular Customer, or as determined by a particular service.

Right to be Forgotten.
You may contact MessageWatcher at MessageWatcher, 7900 E. Union Avenue, Suite 1100, Denver, CO 80237 or [email protected] to access your information that MessageWatcher stores and processes, to request that MessageWatcher delete or amend your information, or to opt out of your information being shared with third parties. In some cases, MessageWatcher may be unable to delete your personal information, in which case MessageWatcher will let you know why. MessageWatcher will respond to your access request within 30 days. Please keep in mind that if your employer is a MessageWatcher Customer having your data archived through your employer’s agreement with MessageWatcher, then your employer is the party that you should contact about your archived information.

You Can File A Complaint.
MessageWatcher commits to resolve complaints about Our collection or use of personal information. Individuals with inquiries or complaints regarding Our Policy should first contact MessageWatcher using the contact information below. MessageWatcher will respond to your questions or complaints within 30 days. Following receipt of a complaint, if necessary, MessageWatcher will investigate the issue and provide you with information regarding the investigation and resolution of the complaint.
MessageWatcher
7900 E. Union Avenue, Suite 1100
Denver, CO 80111
1-888-317-3278
[email protected]