LAST UPDATED: January 3, 2020

Overview

CM Group (“CM Group”, “we” or “us“) respect your privacy. This privacy notice (“Notice“) explains who we are, how we collect, use and share information about you (“Personal Information”), and how you can exercise your privacy rights.

This Notice covers the Personal Information we collect: (i) through this Website; and (ii) in the usual course of our business, including in connection with our events, and for recruitment, sales and marketing activities.

We recommend that you read this entire Notice to ensure you are fully informed. However, to make it easier for you to review those parts of this Notice which apply to you, we have divided up the document into the following sections:

The Basics

ABOUT US

Created to offer solutions that meet the needs of every marketer, CM Group was founded in 2017 with the collection of three industry-leading email marketing platforms: Campaign Monitor, Delivra, and Emma. Since then, our family of brands has grown to include a real-time personalization solution in Liveclicker, a cross-channel platform driven by AI in Sailthru, and the addition of CM Commerce to Campaign Monitor’s service offerings..

CM Group continues to add innovative marketing technologies to our collection in an effort to create a true home for marketers of every scale and varying levels of sophistication. As new brands or platforms are added, any new Affiliates will be added to this section.

Headquartered in Nashville, Tennessee, CM Group has U.S. offices in Indianapolis, Los Angeles, New York City, Pittsburgh, and San Francisco. Along with global offices in Australia, United Kingdom, New Zealand, and Uruguay, we’re able to offer extensive support and solutions to marketers regardless of location.

KEY TERMS

The definitions below apply to capitalized terms in this Notice.

“Affiliate” of a party means any entity that directly or indirectly controls, is controlled by, or is under common control of a party. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than fifty percent (50%) of the voting interests of a party or the right to receive more than fifty percent (50%) of the profits or earning of the entity.

“Services” means the Website, Software, products, applications, tools, services (including any applicable support services), and related resources made available by CM Group Affiliates.

“Applicant” means any individual who has applied for employment at CM Group or one of its Affiliates.

“Website” means any website we own and operate (such as www.cmgroupglobal.com and any sub-domains).

Website Visitors

This Section applies to Personal Information that we collect and process through our Websites (for example when you visit our website and sign up for our marketing lists or apply for a job at one of CM Group’s companies) and in the usual course of our business, such as in connection with our events, sales and marketing activities.

INFORMATION WE PROCESS

Information You Provide To Us. Certain parts of our Websites may ask you to voluntarily provide Personal Information (such as your name, contact details and company name). For example, when expressing an interest in obtaining additional information about CM Group, applying for a job, or otherwise contacting us. We may also collect Personal Information, such as your contact and professional background details and feedback, when you attend our events, take part in surveys, or through other business or marketing interactions we may have with you. You may choose to provide additional information when you communicate with us or otherwise interact with us, and we will keep copies of any such communications for our records.

Information Collected using Cookies and similar technologies. When you visit our Websites, like most website owners, we may also collect certain information automatically from your device, such as your device type, browser type, broad geographic location (e.g. country or city-level location), the referring website, what pages your device visited, and the time that your device visited our Website. In some countries, including countries in the European Economic Area, this information may be considered Personal Information under applicable data protection laws. We (including our service providers) may use cookies, pixel tags and other similar tracking technologies to collect this information. Our use of cookies and other tracking technologies is discussed in more detail below and in our Cookie Notice here.

Why We Process Your Information

To Provide You With Information You Have Requested. To respond to your requests or provide you with information requested by you, including where you apply for a job at CM Group or request information about our products or Services.

To Market To You. To contact you with marketing and promotional information (in accordance with your marketing preferences) about products and services that we or our Affiliates offer, to provide advertising to you on third party sites (based on your browsing activities on the Website), and to send you information regarding us, our Affiliates, and/or our partners (see the section headed “Your Data Protection Rights” for information about how you can opt-out of receiving marketing communications from us at any time). Marketing data purchased from third parties may be combined with information we already have about you and may be used to create more tailored advertising and products.

For Business Analytics. To infer your geographic location based on your IP address; to track behavior at the aggregate/anonymous level to identify and understand trends in usage and the various interactions with our Websites and marketing content; determining the effectiveness of our marketing; and to improve our Websites and Services.

For Website Optimization. To administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, and statistical purposes; to improve user experience while interacting with the website; to understand how our Website is used and to improve our Website to ensure that content is presented in the most effective manner for you and your computer; and as a part of our efforts to keep our Website safe and secure.

How We Share Your Information

In the following limited situations, we may disclose information that we collect or that you provide to us:

  • to our contractors, service providers and other third parties who provide data processing services to us and with whom the sharing of your Personal Information is necessary to undertake the work e.g. to process billing, analyze data, host data, provide customer support, and to deliver online and offline marketing communications about us and/or our Affiliates that we think will interest you.
  • as required by law, such as to comply with any court order, subpoena or other law or legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a governmental or regulatory request.
  • to Affiliates of our corporate group for customer support, marketing, technical operations, and account management purposes.
  • to a buyer or other successor in the event of a merger, sale or transfer of some or all of CM Group’s assets.

Cookies And Tracking Technologies

We (including our partners and vendors) use cookies and similar tracking technology (collectively “Cookies”) on our Websites to collect and use Personal Information about you: (i) to ensure we are complying with our legal obligations (for example, we use cookies to infer your location and if, for example, you are in the EEA, we can ensure that we are compliant with regulations in the EEA); (ii) to serve targeted advertising to you, and (iii) to analyse trends, administer the Website, track users’ movements around the Website. The information they collect may be associated with your Personal Information or they may collect information about your online activities over time and across different websites, apps and other online services websites. For more information, read about our cookies and other tracking technologies in more detail in our Cookie Notice here.

If you are resident in the EEA, then our legal basis for collecting and using Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it. However, we normally rely on our legitimate interests to collect Personal Information from you, except where such interests are overridden by your data protection interests or fundamental rights and freedoms. Where we rely on our legitimate interests to process your Personal Information, they include the interests described in the sections above headed “Why We Process Your Information”.

In some cases, we may rely on your consent or have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person. If we rely on consent to collect and/or process your Personal Information, we will obtain such consent in compliance with applicable laws.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided under the “Contact Us” heading below.

Data Retention

We retain Personal Information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with information you have requested or to comply with applicable legal, tax or accounting requirements).

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymise it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

APPLICANTS FOR EMPLOYMENT

Information We Process

Information You Provide To Us. As an Applicant, you will provide certain Personal Information to us – for example, when you submit an application for employment, as needed during the hiring process, or when you send us an email or communicate with us in any other way. This information could include, but is not limited to, your name, email address, telephone number, and a copy of your resume. We will usually let you know prior to collection whether the provision of Personal Information we are collecting is compulsory or may be provided on a voluntary basis and the consequences, if any, of not providing the information.

Information Collected Automatically. When you browse the Website, we automatically collect certain information about your device. We may use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed in more detail below and in our Cookie Notice here.

  • Device Information. We collect information from your device and applications you use to access our Websites, such as your IP address, device attributes (for example: hardware model, operating system, web browser version, as well as unique device identifiers and characteristics), connection information (for example, name of your mobile operator or Internet Service Provider, browser type, language and time zone, and mobile phone number); and device locations (for example, internet protocol (IP) addresses and Wi-Fi information).

Information We Obtain From Third Party Sources. We may receive information about you from other sources, including but not limited to information we obtain from hiring agencies acting on our behalf, and combine this data with information we collect directly from you during the application process. This helps us to better evaluate you as an Applicant. Examples of the types of Personal Information that may be obtained from public sources or purchased from third parties and combined with information we already have about you, may include name, employer, job title, email address, phone numbers, and other company, contact, and/or employment information.

Why We Process Your Information

We process your Personal Information for our legitimate interests, which include:

  • To Evaluate Your Application for Employment. To better understand your qualifications as an Applicant.
  • To Improve Our Hiring Process. To evaluate the effectiveness of our job descriptions and to measure the overall effectiveness of our hiring process.
  • For Legal Records. To identify who you are, including both identification and authentication purposes; to carry out our obligations and enforce our rights arising from any agreement to work entered into between you and us (including for billing and collection); and to respond to legal requests or prevent fraud. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

How We Share Your Information

In the following limited situations, we may disclose information that we collect or that you provide to us:

  • to our contractors, service providers and other third parties who provide data processing services to us and with whom the sharing of your Personal Information is necessary to support the hiring process.
  • as required by law, such as to comply with any court order, subpoena or other law or legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a governmental or regulatory request.
  • to enforce our rights arising from any contracts entered into between you and us.
  • to Affiliates of our corporate group to carry out the employment screening processor to hire you for opportunities for which you applied.
  • to a buyer or other successor in the event of a merger, sale or transfer of some or all of CM Group’s assets.

Cookies And Tracking Technologies

We (including our partners and vendors) use cookies and similar tracking technology (collectively “Cookies”) on our Websites to collect and use Personal Information about you: (i) to ensure we are complying with our legal obligations (for example, we use cookies to infer your location and if, for example, you are in the EEA, we can ensure that we are compliant with regulations in the EEA); (ii) to serve targeted advertising to you, (iii) to analyse trends, administer the Website, track users’ movements around the Website, and (iv) to gather demographic information about our user base as a whole. For more information, read about our cookies and other tracking technologies in more detail in our Cookie Notice here.

If you are resident in the EEA, then our legal basis for collecting and using Personal Information described above will be our legitimate interests to collect Personal Information from you, except where such interests are overridden by your data protection interests or fundamental rights and freedoms. Where we rely on our legitimate interests to process your Personal Information, they include the interests described in the sections above headed “Why We Process Your Information”.

In some cases, we may rely on your consent or have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person. If we rely on consent to collect and/or process your Personal Information, we will obtain such consent in compliance with applicable laws.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided under the “Contact Us” heading below.

Data Retention

We retain Personal Information we collect from you where we have an ongoing legitimate business need to do so (for example, to contact you for future employment opportunities or to comply with applicable legal, tax or accounting requirements).

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymise it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

GENERAL INFORMATION

EEA Residents Data Protection Rights

If you are resident in the EEA, you have the following data protection rights:

  • You can access, review, change, update or delete your Personal Information at any time by contacting us at [email protected] Please note that we may impose a small fee for access and disclosure of your Personal Information where permitted under applicable law, which will be communicated to you. We do not charge you to update or remove your Personal Information. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
  • In addition, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. To exercise these rights email [email protected]
  • You can opt out of receiving marketing communication we send you at any time. You can exercise this right by clicking on the “unsubscribe” link in the emails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us at [email protected] For data privacy concerns, use the contact details provided under the “Contact Us” heading below
  • If we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Economic Area (“EEA“), are available here.

Please note that because most of the information we store can only identify a particular browser or device, and cannot identify you individually, you will need to provide us with some additional information to enable us to identify the Personal Information we hold about you and ensure that accurately fulfill your request. You may also be required to provide ID.

Third-Party Websites And Apps

This Notice only applies to the CM Group Website and hiring processes. We are not responsible for the privacy practices or disclosures of third parties that use or access the CM Group Website. In addition, the Website or our 3rd Party sub-processors may contain links to third-party websites and apps. Any access to and use of such linked websites or apps is not governed by this Notice, but instead is governed by the privacy policies of those third parties. We are not responsible for the information practices of such third parties.

How Do We Keep Your Personal Information Secure?

  • We use appropriate technical and organizational security measures to protect any Personal Information we process against unauthorized access, disclosure, alteration, and destruction..
  • Unfortunately, nobody is truly and completely safe from hackers. Although we do our best to protect your Personal Information, we cannot guarantee security, no Internet transmission can ever be guaranteed 100% secure, and so we encourage you to take care when disclosing Personal Information online and to use readily available tools, such as Internet firewalls, secure e-mail and similar technologies to protect yourself online.

International Data Transfers

  • The Website and all hiring processes are provided, supported, and hosted in the United States. If you are using the Website from outside the United States, be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your Personal Information, in the United States and other countries. These countries may have data protection laws that are different to the laws of your country.
  • However, we have taken appropriate measures to require that your Personal Information will remain protected in accordance with this Notice and have implemented appropriate safeguards with our third party service providers and partners. Further details can be provided upon request.

California Residents Privacy

  • The California Consumer Privacy Act (“CCPA”) provides consumers, as defined in the text of CCPA, certain privacy rights:
    1. The right to know what personal data is being collected about them.
    2. The right to know whether their personal data is sold or disclosed and to whom.
    3. The right to say no to the sale of personal data.
    4. The right to access their personal data.
    5. The right to equal service and price, even if they exercise their privacy rights.
  • Notice. This privacy notice, under the headings pertaining to Website Visitors and Applicants for Employment, serves to describe the categories of data collected, our practices when processing such data, and how we share the data, including categories of recipients of your personal data within the past 12 months.
  • Access and Deletion. California consumers whose personal information is collected by CM Group may, no more than twice in a 12 month period and at no cost to them, request a report from CM Group which details the personal information collected about them and the recipients, if any, of that information. Requests may be sent to [email protected] or direct mail to the address below. California consumers may, at any time, request that CM Group delete their personal data via the same form or direct mail address.
  • Choice. Our subscribers may opt out from marketing emails at any time using the unsubscribe link provided within those emails.
  • Sale of California Consumer Data.CM Group does not “sell,” as defined by CCPA, your personal data.

CM Group details the use of Cookies in our Cookie Notice. Some of these cookies provide information to advertising networks which are used to track and serve ads to you across the Internet.

Changes To This Privacy Notice

We may revise this Notice from time to time in response to changing legal, technical or business developments. The most current version of this Notice will govern our use of your Personal Information. If we make any material changes to this Notice, we will post the updated version here and notify applicable individuals by email or by means of a prominent notice on our Website. You can see when this Notice was last updated by checking the “last updated” date displayed at the top of this Notice. We will seek your consent to any material changes to this Notice if and where required by applicable law.

Contact Us

Thanks for taking the time to learn about our privacy notice. We hope it was clear and reassuring. If you have any questions, please contact us:

CM Group
9 Lea Avenue
Nashville, TN 37210
Email: [email protected]

CM Group has designated Campaign Monitor Holdings (UK) Limited (UK Company Number 09446000) as its EU Representative in compliance with Article 27 of the GDPR. Any contact to the above physical address or email will constitute notification to both CM Group and its Article 27 representative.

Important Note: If you are resident in the EEA, the “data controller” of the Personal Information related to the processing activities listed in this Privacy Notice under the sections titled “Why We Process Your Information” is CM Group.