Privacy Policy
The following discloses the information gathering and dissemination practices of Lyris, Inc. (which is sometimes referred to in this Privacy Policy as "Lyris", the "Company", and "we" or "us"). Please note that this policy in no way supersedes, replaces or otherwise relates to the privacy policies of our customers (see Customer Data below).
Safe Harbor
The Company respects and protects the individual privacy and confidence of our customers, stakeholders, employees, business partners and others who may use our services. Protecting consumer privacy is important to the Company. The Company adheres to the Safe Harbor Agreement concerning the transfer of personal data from the European Union (“EU”) to the United States of America (European Union Safe Harbor). Accordingly, we follow the Seven (7) Safe Harbor Principles published by the U.S. Department of Commerce (the “Principles”) with respect to all such data. Our privacy practices are self-certified as part of the U.S. Commerce Department's Safe Harbor Program. If there is any conflict between the policies in this Privacy Policy and the Principles, the Principles shall govern. This Privacy Policy outlines our general policy and practices for implementing the Principles, including the types of information we gather, how we use it and the notice and choice affected individuals have regarding our use of and their ability to correct that information.
The Company strives to uphold the highest standards in our business practices. This Privacy Policy applies to all personal information received by the Company whether in electronic, paper or verbal format. This Privacy Policy applies to the operation of websites that directly link to this policy when you click on “privacy statement” in the website footer.
Definitions
"Personal Information" or "Information" means information that (1) is transferred from the EU to the United States; (2) is recorded in any form; (3) is about, or pertains to a specific individual; and (4) can be linked to that individual.
"Sensitive Personal Information" means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.
Privacy Principles
Notice
We inform our customers of the purpose for which it collects and uses the Personal Information and the types of non-agent third parties to which the Company discloses or may disclose that Information. We provide our customers the choice and means for limiting the use and disclosure of their Personal Information.
Our website offers several opportunities for visitors to register for free information, seminars or demonstration copies of our software, and for assistance in evaluating our software and services. These registration forms are often linked to Lyris mailing lists, and require users to give contact information (such as name and e-mail address). We use this contact information to send users information about our company and its products and services. The information is also used to contact site visitors by e-mail for marketing purposes if they have granted permission to us to send it to them on the mailing list form (or other forms on our website), and for administrative purposes such as time and location of seminars. Users may also be contacted by phone or postal mail for marketing purposes. Any financial information collected is shared with our credit card processor to bill users for Lyris software, and is stored by our credit card processor and Lyris.
We use customers' IP address to help diagnose problems with our server, and to administer our website. The IP address is also used to gather broad, personally non-identifiable demographic information, such as which countries our site visitors come from. This website does not currently use cookies, but it may do so in the future. If so, cookies may be used to correlate previously supplied information about personalization and tracking purposes.
Our website contains links to other sites. Lyris is not responsible for the privacy practices or the content of such websites, and recommends that viewers check the privacy policies of other sites to be aware of how your information is being used.
Choice
We keep Sensitive Personal Information received from the customer in complete confidence, and identify it as Sensitive Personal Information. We provide the customers an opportunity to opt in and opt out of receiving e-mail communications from us. This is made available during sign-up for our e-mail lists and in e-mail messages delivered from Lyris systems.
Access
We allow customer to access their Personal Information and allow them to correct, amend or delete inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated. Customers may request that Lyris Inc. update, amend, or delete their Personal Information by following the Profile Update link in every Lyris e-mail communication.
For any email list managed by Lyris, email recipients can unsubscribe from the list via a link in the footer of most e-mail messages. Alternatively, recipients can reply to an e-mail message according to the instructions provided at the bottom of the message.
Onward Transfers
Prior to disclosing Personal Information to a third-party, we notify our customers of such disclosure. Information is not shared or transferred to third parties except with the customer’s express permission. We reserve the right to share the customer’s Personal Information in response to duly-authorized information requests by governmental authorities, or where otherwise required by law.
Customer Data
Lyris provides online marketing services and products to its customers. These services include customer database management and analysis, e-mail delivery, e-mail tracking and website tracking. For all customers, Lyris is contractually bound to keep customer data private and prevented from sharing data across multiple customers. For example, if one of our customer's clients has two e-mail addresses, and these addresses are stored in our database, we will not share this fact with another customer, even if the second customer has the same client as the first customer. The example below illustrates this. Customer A and Customer B both share client John Doe. Customer A has two email addresses for John Doe, but Customer B does not, because Customer B has not gathered that information. Lyris will not disclose the second email address to Customer B.
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Customer A
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Customer B
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Lyris' services sometimes use cookies to help our customers better analyze the success of their email and other online marketing campaigns. The cookies we utilize are often correlated with Personal Information, but this Information is not shared with anyone other than the customer. As with the email example above, this data is not shared across multiple customers.
Lyris is not responsible for its customers' own privacy policies and makes no representations about their accuracy. If you have questions about our customers' practices, we recommend you check their privacy policies and/or contact them directly.
Data Security
Lyris takes reasonable steps to protect the Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. We have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information from loss, misuse, unauthorized access or disclosure, alteration or destruction. We cannot guarantee the security of information on, or transmitted via, the Internet.
Data Integrity
Lyris processes Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the owning individual. To the extent necessary for those purposes, we take reasonable steps to ensure that Personal Information is accurate, complete, current and reliable for its intended use.
Enforcement
Company utilizes a self-assessment approach to assure compliance with this Privacy Policy and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the Principles. We encourage interested persons to raise any concerns using the contact information provided, and we will investigate and attempt to resolve any complaints and/or disputes regarding our use and disclosure of Personal Information in accordance with the Principles. If a complaint or dispute cannot be resolved through our internal process, we agree to dispute resolution using a mutually-agreed, neutral third party alternative dispute resolution provider.
Contact Information
Questions or comments regarding our Safe Harbor certification should be submitted to Lyris by mail or e-mail as follows:
Lyris Inc
6401 Hollis Street
Suite 125
Emeryville, CA 94608
legal@lyris.com
Amendments
This Privacy Policy may be amended from time to time consistently with the requirements of the Safe Harbor. We will post any revised policy on this website.
Information Subject to Other Policies
The Company is committed to following the Principles for all Personal Information within the scope of the Safe Harbor Agreement. However, certain information is subject to policies of the Company that may differ in some respects from the general policies set forth in this Privacy Policy.
