Instantly policy evolution

“6.1 Instantly Platform and Technology . Subscriber acknowledges that Instantly retains all right, title and interest in and to the Instantly Platform, including all algorithms, AI, language and visual models and improvements thereto, Integration Tools and all software and all Instantly proprietary information and technology used by Instantly or provided to Subscriber in connection with the Instantly Service (the “ Instantly Technology ”), and that the Instantly Technology is protected by Intellectual Property Rights owned by or licensed to Instantly. Without limiting the generality of the foregoing, the “INSTANTLY” name, and all other trademarks and service marks of Instantly are owned by Instantly. Subscriber shall not have any right to use the Trademarks without Instantly’s prior written consent. All content on https://instantly.ai and otherwise available on the Instantly Service, including graphics, logos, page headers, icons, and service names, are the property of Instantly and its affiliates. Other trademarks that appear on https://instantly.ai or throughout the Instantly Service is the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Instantly. Other than as expressly set forth in this Agreement, no license or other rights in the Instantly Technology are granted to the Subscriber. Subscriber hereby grants Instantly a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Instantly Service any suggestions, enhancement requests, recommendations or other feedback provided by Subscriber, including Users, relating to the Instantly Service.”

“6.1 Instantly Platform and Technology . Subscriber acknowledges that Instantly retains all right, title and interest in and to the Instantly Platform, including all algorithms, AI, language and visual models and improvements thereto, Integration Tools and all software and all Instantly proprietary information and technology used by Instantly or provided to Subscriber in connection with the Instantly Service (the “ Instantly Technology ”), and that the Instantly Technology is protected by Intellectual Property Rights owned by or licensed to Instantly. Without limiting the generality of the foregoing, the “INSTANTLY” name, and all other trademarks and service marks of Instantly are owned by Instantly. Subscriber shall not have any right to use the Trademarks without Instantly’s prior written consent. All content on https://instantly.ai and otherwise available on the Instantly Service, including graphics, logos, page headers, icons, and service names, are the property of Instantly and its affiliates. Other trademarks that appear on https://instantly.ai or throughout the Instantly Service is the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Instantly. Other than as expressly set forth in this Agreement, no license or other rights in the Instantly Technology are granted to the Subscriber. Subscriber hereby grants Instantly a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Instantly Service any suggestions, enhancement requests, recommendations or other feedback provided by Subscriber, including Users, relating to the Instantly Service.”

“Once we have verified your identity, we will respond to your request as appropriate: ‍ Where you have requested the categories of personal information that we have collected about you, we will provide a list of those categories. Where you have requested specific pieces of personal information, we will provide the information you have requested, to the extent required under the CCPA and provided we do not believe there is an overriding privacy or security concern to doing so. Where you have requested that we delete personal information that we have collected from you, we will seek to confirm whether your request is for an “opt out” or a “deletion”: because “opt out” or “do not sell” rights enable us to maintain your Information for “suppression” purposes – i.e., to prevent us from selling Information about you in the future (which is what many consumers requesting “deletion” actually desire to occur) — we try to explain this in order to ensure we are meeting consumers’ preferences. (In addition, “deletion” rights only apply to Information that we have collected “from” consumers – which does not apply to much of the Information in our databases.) Upon completion of the above process, we will send you a notice that explains the categories of personal information we were able to locate about you, whether we (1) deleted, (2) deidentified, or (3) retained the Information we collected from you. Certain Information may be exempt from such requests under applicable law.”

“Subscriber’s card issuer may charge Subscriber an online handling fee or processing fee. Instantly is not responsible for this. In some jurisdictions, our Third-Party Service Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services. ‍ 5.5 Taxes and Invoicing . All Fees owed by Subscriber in connection with this Agreement are exclusive of, and Subscriber shall pay, all sales, use, excise and other taxes and applicable export and import fees, customs duties and similar charges that may be levied upon Subscriber in connection with this Agreement, except for employment taxes and taxes based on Instantly’s income. If Subscriber believes that Instantly has incorrectly billed Subscriber, Subscriber must notify Instantly no later than sixty (60) days after the due date on the first invoice in which the issue appeared. ‍ ‍ 5.6 Late Payments . In the event of any delay in payment, Instantly will have the right to recover interest on late payments at a monthly rate of 1.5% (or the highest permitted by applicable law, if lower), any collections fees (including attorneys’ fees), and other amounts as allowed by law. Instantly reserves the right (in addition to any other rights or remedies Instantly may have), upon written notice, to discontinue the Instantly Service and immediately suspend Subscriber’s access to the Instantly Service if any Fees are more than thirty (30) days overdue until such amounts are paid in full.”

“- With Our Customers: As described above, we license the Information in various ways to our customers (and something to partners and resellers, who license the Information to their customer), when we provide our Services. We may sometimes share the Information with those Customers’ service providers (for instance, a provider that prints or sends direct mailings for a Customer, or sends email campaigns for a Customer).”

“Whether We “Sold” or “shared” This Category of Personal Information in the Last 12 Months”

“2. OUR DISCLOSURE, SHARE, AND SALE OF PERSONAL INFORMATIONWe will share the Information collected from and about you as discussed above for various business purposes, with service providers and with third parties including our customers. The chart below how and with whom we sell, share or disclose personal information, and whether (based on the CCPA’s definition of “sell”) we believe we have “sold” or “shared” a particular category of information. (“Sharing” under the CCPA includes disclosure for purposes of cross contextual behavioral advertising, sometimes called targeted advertising or interest-based advertising.) Note that the examples we provide under the column “Category” simply reflect statutory, exemplary language: we do not necessarily collect all types of information reflected within each category.”

“2. OUR DISCLOSURE, SHARE, AND SALE OF PERSONAL INFORMATIONWe will share the Information collected from and about you as discussed above for various business purposes, with service providers and with third parties including our customers. The chart below how and with whom we sell, share or disclose personal information, and whether (based on the CCPA’s definition of “sell”) we believe we have “sold” or “shared” a particular category of information. (“Sharing” under the CCPA includes disclosure for purposes of cross contextual behavioral advertising, sometimes called targeted advertising or interest-based advertising.) Note that the examples we provide under the column “Category” simply reflect statutory, exemplary language: we do not necessarily collect all types of information reflected within each category.”

“‍ The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (together, the “CCPA”) provides certain rights to residents of California. This section of the Privacy Policy applies if you are a natural person who is a resident of California (“California Consumer”) and uses our Services. This Addendum supplements the information in the Privacy Policy. However, this Addendum is intended solely for, and is applicable only as to, California Consumers: if you are not a California Consumer (or a resident of California), this does not apply to you and you should not rely on it. ‍ In the below tables and sections, we describe (as required by the CCPA): ‍ Our Collection of Personal Information – the types of Personal Information (which the CCPA defines broadly) that we collect, the types of sources we collect it from Our Disclosure, Share and Sale of Personal Information – the types of recipients to whom we disclose, share or sell Personal Information. Our Business Purposes – our business purposes for (a) collecting and (b) sharing Personal Information, which are generally the same. Your California Privacy Rights and Choices– what rights you have under the CCPA, for instance, to request that we “opt out” or delete or correct your Information from or in our marketing database (also called “do not sell” rights), or to request categories and personal information that we may have collected about you. The following sets forth the categories of Information we collect and purposes for which we may use California Consumers’ personal information: ‍”

“‍ Aggregate or Deidentified Information : We may aggregate and/or de-identify any Information collected so that such Information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also disclose such data to any third parties, including advertisers, promotional partners, and sponsors, in our discretion. ‍”

“‍ We may sometimes share or otherwise disclose the Information we collect about you, as described in this Section, as follows: ‍ We may share the Information with service providers who help us deliver the services you request or we provide. For instance, we share the Information with tech and customer support providers, marketing and advertising providers, other data providers (such as to enhance or verify our Information), security and data hygiene vendors, payment vendors (as to our corporate information), and other companies that may help us deliver or develop Services. We may share the Information to communicate with you and market to you, including through email, direct mail or display media. We will disclose your personal information (or other Information) if we believe in good faith that we are required to do so by law, regulation or other government authority or to protect the rights, safety or property of ourselves or any person or entity. We may also cooperate with law enforcement agencies in any official investigation and we may disclose any Information to the requesting agency in doing so. If we or all or substantially all of our assets, are purchased by another company (such as in a merger, consolidation, restructuring, the sale of stock and/or assets, or other corporate change or financing transaction), the Information in our possession will likely be transferred to the successor entity. We also may share the Information during the course of any due diligence process leading up to any such transaction.”

“We may also follow up with you to verify your identity before processing the authorized agent’s request. ‍ ‍ Right to Appeal. In certain states, residents have the right to appeal our decision to deny your request, if applicable. If you wish to do this, please send an email to [email protected] with the word “Privacy Appeal” in the subject line. ‍ ‍ Opt Out of Targeted Advertising . You may also opt out of targeted advertising, which we may occasionally engage in, such as to “retarget” with information about our services when you visit other websites (which in some states may be considered “selling” or “sharing” personal information). Please see the instructions in Section 4, above, to learn about those “opt out” methods. We do not knowingly sell the personal information of minors under 16 years of age, or deliberately target minors with advertising. ‍”

“We may also follow up with you to verify your identity before processing the authorized agent’s request. ‍ ‍ Right to Appeal. In certain states, residents have the right to appeal our decision to deny your request, if applicable. If you wish to do this, please send an email to [email protected] with the word “Privacy Appeal” in the subject line. ‍ ‍ Opt Out of Targeted Advertising . You may also opt out of targeted advertising, which we may occasionally engage in, such as to “retarget” with information about our services when you visit other websites (which in some states may be considered “selling” or “sharing” personal information). Please see the instructions in Section 4, above, to learn about those “opt out” methods. We do not knowingly sell the personal information of minors under 16 years of age, or deliberately target minors with advertising. ‍”

“‍ From time to time, we may update this Privacy Policy. Any changes to it will become effective when it is posted to our website. Please check back to learn of any changes to this Privacy Policy ‍ ‍ 11. Storage of Information in the United States ‍ If you are accessing our website from outside of the United States, your connection likely will be through and to servers located in the United States and all Information you provide will likely be processed and securely maintained in our web servers and internal systems located within the United States. (We generally store the Information used in our Services in the United States.) Thus, you should be aware that in accessing this website or otherwise communicating with us, the Information we collect or receive from you may be subject to laws with lesser or different privacy standards than those in your own country (such as if you are in a country located in the European Union). ‍ ‍ 12. When We Act as a “Processor” or “Service Provider” We sometimes act as a “processor” when we receive and process our customers’ own proprietary personal information, such as their own list of customers, in order to perform services for them. For those data processing activities where we act as a “processor” of our customers’ information, also known as a “service provider” in jurisdictions such as California, this Privacy Policy does not apply to such personal information. If you have questions or requests regarding your personal information that we process at the direction of and on behalf of a customer of ours, please direct your question to that enterprise customer.”

“‍ From time to time, we may update this Privacy Policy. Any changes to it will become effective when it is posted to our website. Please check back to learn of any changes to this Privacy Policy ‍ ‍ 11. Storage of Information in the United States ‍ If you are accessing our website from outside of the United States, your connection likely will be through and to servers located in the United States and all Information you provide will likely be processed and securely maintained in our web servers and internal systems located within the United States. (We generally store the Information used in our Services in the United States.) Thus, you should be aware that in accessing this website or otherwise communicating with us, the Information we collect or receive from you may be subject to laws with lesser or different privacy standards than those in your own country (such as if you are in a country located in the European Union). ‍ ‍ 12. When We Act as a “Processor” or “Service Provider” We sometimes act as a “processor” when we receive and process our customers’ own proprietary personal information, such as their own list of customers, in order to perform services for them. For those data processing activities where we act as a “processor” of our customers’ information, also known as a “service provider” in jurisdictions such as California, this Privacy Policy does not apply to such personal information. If you have questions or requests regarding your personal information that we process at the direction of and on behalf of a customer of ours, please direct your question to that enterprise customer.”

“2. OUR DISCLOSURE, SHARE, AND SALE OF PERSONAL INFORMATIONWe will share the Information collected from and about you as discussed above for various business purposes, with service providers and with third parties including our customers. The chart below how and with whom we sell, share or disclose personal information, and whether (based on the CCPA’s definition of “sell”) we believe we have “sold” or “shared” a particular category of information. (“Sharing” under the CCPA includes disclosure for purposes of cross contextual behavioral advertising, sometimes called targeted advertising or interest-based advertising.) Note that the examples we provide under the column “Category” simply reflect statutory, exemplary language: we do not necessarily collect all types of information reflected within each category.”

“2. OUR DISCLOSURE, SHARE, AND SALE OF PERSONAL INFORMATIONWe will share the Information collected from and about you as discussed above for various business purposes, with service providers and with third parties including our customers. The chart below how and with whom we sell, share or disclose personal information, and whether (based on the CCPA’s definition of “sell”) we believe we have “sold” or “shared” a particular category of information. (“Sharing” under the CCPA includes disclosure for purposes of cross contextual behavioral advertising, sometimes called targeted advertising or interest-based advertising.) Note that the examples we provide under the column “Category” simply reflect statutory, exemplary language: we do not necessarily collect all types of information reflected within each category.”

“2. OUR DISCLOSURE, SHARE, AND SALE OF PERSONAL INFORMATIONWe will share the Information collected from and about you as discussed above for various business purposes, with service providers and with third parties including our customers. The chart below how and with whom we sell, share or disclose personal information, and whether (based on the CCPA’s definition of “sell”) we believe we have “sold” or “shared” a particular category of information. (“Sharing” under the CCPA includes disclosure for purposes of cross contextual behavioral advertising, sometimes called targeted advertising or interest-based advertising.) Note that the examples we provide under the column “Category” simply reflect statutory, exemplary language: we do not necessarily collect all types of information reflected within each category.”

“2. OUR DISCLOSURE, SHARE, AND SALE OF PERSONAL INFORMATIONWe will share the Information collected from and about you as discussed above for various business purposes, with service providers and with third parties including our customers. The chart below how and with whom we sell, share or disclose personal information, and whether (based on the CCPA’s definition of “sell”) we believe we have “sold” or “shared” a particular category of information. (“Sharing” under the CCPA includes disclosure for purposes of cross contextual behavioral advertising, sometimes called targeted advertising or interest-based advertising.) Note that the examples we provide under the column “Category” simply reflect statutory, exemplary language: we do not necessarily collect all types of information reflected within each category.”

“Whether We “Sold” or “shared” This Category of Personal Information in the Last 12 Months”

“Whether We “Sold” or “shared” This Category of Personal Information in the Last 12 Months”

“We also may disclose any of the personal information we collect as follows: ‍ ‍ ‍ Sharing for Legal Purposes : In addition, we may disclose personal information with third parties in order to: (a) comply with legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of us, our platform, our customers, our agents and affiliates, its users and/or the public. We likewise may provide information to other companies and organizations (including law enforcement) for fraud protection, and spam/malware prevention, and similar purposes. ‍ Disclosure In Event of a Corporate Transaction: We may also disclose personal information in the event of a major corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets, or for purposes of due diligence connected with any such transaction. ‍ Disclosure to Service Providers : We disclose any personal information we collect with our service providers, which may include (for instance) providers involved in tech or customer support, operations, web or data hosting, billing, accounting, security, marketing, data management, validation, enhancement or hygiene, or otherwise assisting us to provide, develop, maintain and improve our services.”

“We also may disclose any of the personal information we collect as follows: ‍ ‍ ‍ Sharing for Legal Purposes : In addition, we may disclose personal information with third parties in order to: (a) comply with legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of us, our platform, our customers, our agents and affiliates, its users and/or the public. We likewise may provide information to other companies and organizations (including law enforcement) for fraud protection, and spam/malware prevention, and similar purposes. ‍ Disclosure In Event of a Corporate Transaction: We may also disclose personal information in the event of a major corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets, or for purposes of due diligence connected with any such transaction. ‍ Disclosure to Service Providers : We disclose any personal information we collect with our service providers, which may include (for instance) providers involved in tech or customer support, operations, web or data hosting, billing, accounting, security, marketing, data management, validation, enhancement or hygiene, or otherwise assisting us to provide, develop, maintain and improve our services.”

“If you ask us to delete it, you may no longer be able to access or use our Services. ‍ Right to “opt-out” of the sale or “sharing” of your personal information. California residents may opt out of the “sale” of their personal information. California law broadly defines what constitutes a “sale” – including making available a wide variety of information in exchange for “valuable consideration.” Depending what Information we have about you, and whether we have included any of it in our marketing products and services, we may have sold (as defined by California law) certain categories of Information about you in the last 12 months, as described in the above table in Section 2 of this Addendum.If you would like to opt out, you may do so as outlined on the following page: Privacy Request Manager . You may also opt out of “sharing” as it is defined in the CPRA, also known as “targeted” or “personalized” advertising, by viewing the opt-out methods in Section 4 in our main Privacy Policy, above. ‍ How to exercise your access, correction and (if applicable) deletion rights ‍ You may submit requests to exercise your right to information/know, access, correction, or deletion through our Privacy Request Manager , or calling us toll free at 1-866-467-8688 Service Code 1974#. You can submit requests to opt-out of tracking for targeted advertising purposes or other sales of Personal Information here: Privacy Request Manager or via phone by calling 1-866-467-8688 Service Code 1974# or by broadcasting the global privacy control signal.”

“‍ From time to time, we may update this Privacy Policy. Any changes to it will become effective when it is posted to our website. Please check back to learn of any changes to this Privacy Policy ‍ ‍ 11. Storage of Information in the United States ‍ If you are accessing our website from outside of the United States, your connection likely will be through and to servers located in the United States and all Information you provide will likely be processed and securely maintained in our web servers and internal systems located within the United States. (We generally store the Information used in our Services in the United States.) Thus, you should be aware that in accessing this website or otherwise communicating with us, the Information we collect or receive from you may be subject to laws with lesser or different privacy standards than those in your own country (such as if you are in a country located in the European Union). ‍ ‍ 12. When We Act as a “Processor” or “Service Provider” We sometimes act as a “processor” when we receive and process our customers’ own proprietary personal information, such as their own list of customers, in order to perform services for them. For those data processing activities where we act as a “processor” of our customers’ information, also known as a “service provider” in jurisdictions such as California, this Privacy Policy does not apply to such personal information. If you have questions or requests regarding your personal information that we process at the direction of and on behalf of a customer of ours, please direct your question to that enterprise customer.”

“‍ The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (together, the “CCPA”) provides certain rights to residents of California. This section of the Privacy Policy applies if you are a natural person who is a resident of California (“California Consumer”) and uses our Services. This Addendum supplements the information in the Privacy Policy. However, this Addendum is intended solely for, and is applicable only as to, California Consumers: if you are not a California Consumer (or a resident of California), this does not apply to you and you should not rely on it. ‍ In the below tables and sections, we describe (as required by the CCPA): ‍ Our Collection of Personal Information – the types of Personal Information (which the CCPA defines broadly) that we collect, the types of sources we collect it from Our Disclosure, Share and Sale of Personal Information – the types of recipients to whom we disclose, share or sell Personal Information. Our Business Purposes – our business purposes for (a) collecting and (b) sharing Personal Information, which are generally the same. Your California Privacy Rights and Choices– what rights you have under the CCPA, for instance, to request that we “opt out” or delete or correct your Information from or in our marketing database (also called “do not sell” rights), or to request categories and personal information that we may have collected about you. The following sets forth the categories of Information we collect and purposes for which we may use California Consumers’ personal information: ‍”

“‍ The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (together, the “CCPA”) provides certain rights to residents of California. This section of the Privacy Policy applies if you are a natural person who is a resident of California (“California Consumer”) and uses our Services. This Addendum supplements the information in the Privacy Policy. However, this Addendum is intended solely for, and is applicable only as to, California Consumers: if you are not a California Consumer (or a resident of California), this does not apply to you and you should not rely on it. ‍ In the below tables and sections, we describe (as required by the CCPA): ‍ Our Collection of Personal Information – the types of Personal Information (which the CCPA defines broadly) that we collect, the types of sources we collect it from Our Disclosure, Share and Sale of Personal Information – the types of recipients to whom we disclose, share or sell Personal Information. Our Business Purposes – our business purposes for (a) collecting and (b) sharing Personal Information, which are generally the same. Your California Privacy Rights and Choices– what rights you have under the CCPA, for instance, to request that we “opt out” or delete or correct your Information from or in our marketing database (also called “do not sell” rights), or to request categories and personal information that we may have collected about you. The following sets forth the categories of Information we collect and purposes for which we may use California Consumers’ personal information: ‍”

“‍ Without being discriminated against for exercising these rights, California residents have the right to request that we disclose what personal information we collect from you, to delete that information, and to opt-out of the sale of your personal information, subject to certain restrictions. You also have the right to designate an agent to exercise these rights on your behalf. This section describes how to exercise those rights and our process for handling those requests. (To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.) Please note that sometimes we act as a “service provider” for our clients, in which case we receive and act on instructions from the client(s) as to the client data provided: any requests to exercise rights with respect to data we handle on behalf of a client should be directed to the particular client. ‍”

“‍ Without being discriminated against for exercising these rights, California residents have the right to request that we disclose what personal information we collect from you, to delete that information, and to opt-out of the sale of your personal information, subject to certain restrictions. You also have the right to designate an agent to exercise these rights on your behalf. This section describes how to exercise those rights and our process for handling those requests. (To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.) Please note that sometimes we act as a “service provider” for our clients, in which case we receive and act on instructions from the client(s) as to the client data provided: any requests to exercise rights with respect to data we handle on behalf of a client should be directed to the particular client. ‍”

“If you ask us to delete it, you may no longer be able to access or use our Services. ‍ Right to “opt-out” of the sale or “sharing” of your personal information. California residents may opt out of the “sale” of their personal information. California law broadly defines what constitutes a “sale” – including making available a wide variety of information in exchange for “valuable consideration.” Depending what Information we have about you, and whether we have included any of it in our marketing products and services, we may have sold (as defined by California law) certain categories of Information about you in the last 12 months, as described in the above table in Section 2 of this Addendum.If you would like to opt out, you may do so as outlined on the following page: Privacy Request Manager . You may also opt out of “sharing” as it is defined in the CPRA, also known as “targeted” or “personalized” advertising, by viewing the opt-out methods in Section 4 in our main Privacy Policy, above. ‍ How to exercise your access, correction and (if applicable) deletion rights ‍ You may submit requests to exercise your right to information/know, access, correction, or deletion through our Privacy Request Manager , or calling us toll free at 1-866-467-8688 Service Code 1974#. You can submit requests to opt-out of tracking for targeted advertising purposes or other sales of Personal Information here: Privacy Request Manager or via phone by calling 1-866-467-8688 Service Code 1974# or by broadcasting the global privacy control signal.”