Last Modified: February 23, 2022
Customers may collect and manage Personal Data when using the Subscription Service. MemberXP processes such data as a processor under the direction of our customers. Our customers, as data controllers, are responsible for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to collecting their customers’ Personal Data using the Subscription Service. Please see the below section "Information We Collect and Process When You Use the Subscription Service" and our Customer Data Processing Agreement for more information.
When you interact with us via our websites or use the Subscription Service, we may collect Personal Data and other information from you, as further described below.
When You Visit Our Websites
We collect Personal Data from you when you submit web forms or interact with our websites, for example subscribing to a MemberXP blog, signing up for a webinar, or requesting customer support. We may ask for your email address, first and last name, job title, and other similar business information. You are free to explore some of our websites without providing any Personal Data about yourself.
When you register for a MemberXP event, we collect information such as name, address, phone number, and email address. We use this information to communicate with you and in some cases facilitate your registration. Additionally, we may share your registration data with service providers in order to provide event information and improve your experience at future MemberXP events.
Account and User Information
We collect Personal Data when you sign-up for a MemberXP account, create or modify user information, set preferences, or provide any other related information to access or utilize our Subscription Service.
You may also provide payment information, such as a credit card number or bank account numbers, when purchasing products or services. We use secure third-party payment service providers to manage payment processing, which is collected through a secure payment process.
We post customer testimonials and comments on our websites, which may contain Personal Data. We obtain each customer's consent via email or through other agreements between customers and MemberXP prior to posting the customer's name and testimonial.
When you visit our websites or when you use the Subscription Service, we automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses.
We collect usage data when you or your users in your MemberXP account interact with the Subscription Service. We engage third-party providers to collect usage data, and we only share data with these providers in an unidentified manner. Usage data includes metrics and information regarding your use and interaction with the Subscription Service such as what product features you use the most, when an object (like a ticket) is opened and closed, and how often certain features (like workflows) are triggered in your account.
When you access or use the Subscription Service via our mobile applications, we automatically collect information such as your device model and version, operating system, or device identifier.
Third Party Integrations
You may connect third party integrations to your MemberXP account, which may ask for certain permissions to access data or send information to your MemberXP account. It is your responsibility to review any third-party integrations you authorize.
Any permission(s) granted by you, grants these third parties access to your data, which may include (but is not limited to) granting third-party applications access to view, store, and modify your MemberXP account data. We are not responsible for the practices of third-party integrations, so please carefully review the permissions you grant to third-party applications. For more information on integrations with third party providers, please see here.
If you use the Gmail integration or choose to integrate any other G Suite application with MemberXP, you will be asked to give us access to information from your Gmail or Google account. You can learn more about how we access this data here or via in-app notice when you connect to Gmail.
By using the ‘Gmail Integration’ with the Subscription Service you will grant the Subscription Service access to information associated with your account, including contacts, emails, calendar, distribution lists, subject lines, and URLs of tracked links from your email, if you use the email tracking functionality. In addition, the Subscription Service will be able to read, modify, create, and send emails from your connected Gmail account. The Subscription Service will scan the content of your emails to identify which emails you have elected to track in order to provide you with the notifications feature. The Subscription Service will store replies, outgoing mail, email headers, subject line, distribution lists, aliases, time sent, and email bodies. Your email may contain sensitive information, such as names of your contacts, your private communications, or financial or medical information. You understand that the correspondences you track will be visible to other users on your Subscription team.
If you connect your Gmail account via IMAP (or Generic Inbox Connection), the Subscription Service will have access only to email address, password, server information, email metadata, and message bodies. Additionally, connecting your Gmail account via IMAP does not require you to connect any other G Suite applications.
Additional Limits on Use of Your Google User Data
MemberXP's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
Google Calendar Integration
The Subscription Service will have access to both your Google Calendar and any other calendar you access via Google in order to power our Meetings tool, and allow you to associate events with contacts in the your MemberXP account. The Subscription Service will have the ability to: create or change your calendars and update individual calendar events.
Google Drive Integration
As part of connecting your Google Drive, the Subscription Service will be able to: see your files, upload and download your files, and store file contents and titles. The Subscription Service uses these permissions to power the features of our Composer and Collect tools, allowing you to create drafts of blog posts in Drive and then upload directly for publishing.
Google Search Console
You can integrate your Google Search Console with our Content Management System (CMS). As part of this integration, the Subscription Service will be able to view and manage the list of sites and domains you control and view and manage the owners of domains you control.
We may receive information about you or other users of your MemberXP account from our global network of partners. We may receive this data from our deal and/or lead registration process through our partners or through our partner co-marketing agreements. For more information about our co-marketing program and how we share data with our partners please see below and read about our co-marketing program here.
We may receive information from third-party service providers, from related companies, and from our business and solution partners.
Other MemberXP Companies
We may receive information about you from other companies that are owned or operated by MemberXP (e.g. PieSync and The Hustle), in accordance with their terms and policies located here and here.
Our online Subscription Service allows our customers to create and share marketing, sales and customer service content. When customers use the Subscription Service, they may collect Personal Data such as first and last name, email address, physical address, phone number, or other information about you. We do not control the content of our customers' webpages or the types of Personal Data that our customers may choose to collect or manage using the Subscription Service. We store our customers' information on our service providers' servers but process it as a processor under our customers’ instructions and in accordance with our Customer Terms of Service, which prohibit us from using the information except as necessary to provide and improve the Subscription Service and as required by law.
Our customers control and are responsible for correcting, deleting or updating the information they process using the Subscription Service and for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to transferring the Personal Data to MemberXP for processing purposes.
To Market and Promote the Subscription Service
We use the information you provide to MemberXP to market and promote the products, services, and other offerings. For example, we use the information, like your email or physical address, to send information or MemberXP content to you which we think may be of interest to you by post, email, or other means and send you marketing communications relating to our business. We use this information to promote the use of our services to you and share promotional and information content with you in accordance with your communication preferences.
We may also reach out to you via telephone to ask about other MemberXP products or services you may be interested in. If you have a call scheduled with a MemberXP representative, we may record and transcribe the call. You will be notified prior to the call that the call is being recorded, and you will be offered an opportunity to opt-out of having the call recorded.
To Communicate with You About the Services
We use the data you provide to MemberXP when signing up for the Subscription Service to contact you via email or in-app notification about billing, account management, and other administrative matters. We send updates to you regarding our Customer Terms of Service or other legal agreements. We may also communicate with you about security incidents via email or in-app notification.
We use your information to provide customer support, such as resolving technical issues you encounter and analyzing product outages or bugs.
To Provide and Improve the Subscription Service
We use your account information and Customer Data to provide the product and services to you. For example, we use the email address you provide when signing up for the product to create your user account, and we use your payment information to process payments for paid use of the Subscription Service.
We collect data about how our products and services are used by monitoring and tracking our product users. We use this data to develop and improve our products and services. For example, we use usage data to assess trends and usage across the product to help us determine what new features or integrations our users may be interested in. We may share usage data externally but will only do so in an anonymized and/or aggregated manner to build and improve product features.
We use Customer Data in an anonymized manner for machine learning that supports certain product features and functionality with the Subscription Service. For example, machine learning helps power the business card scanner tool if you use our mobile apps and allows for easier imports of data into your MemberXP account. You may opt-out of having your Customer Data used for machine learning purposes by emailing privacy@MemberXP.com
To Secure and Protect our Product and MemberXP Users
We use your account information to investigate and help prevent security incidents. We may also use this information to meet legal requirements. We use your information to verify user accounts and new product sign-ups, and to detect and prevent product abuse. This includes enforcing our Acceptable Use Policy.
For Research and Development
We may share externally or provide other companies with statistical information about our users, but this information will not be used to identify any individual user and will only be shared on an aggregate and de-identified basis. For example, we may publish blog posts on trends or insights into how users are interacting with the product.
If you use the mobile applications, we may send you push notifications from time to time in order to update you about events and promotions. If you no longer wish to receive such communications, you may turn them off at the device level.
Log files are used by MemberXP to provide general statistics regarding use of the websites. For these purposes, we do link this automatically-collected data to other personal data such as name, email address, address, and phone number. We also use log files to troubleshoot and investigate security incidents.
Social Media Features
We offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose any information through our public message boards, blogs, or forums, this information may be collected and used by others. We will correct or delete any information you have posted on the websites if you so request, as described in the section "To Unsubscribe From Our Communications" below.
Or other purposes if we obtain your consent
We share your data with third parties when you give us consent to do so.
If you are a website visitor located in the European Economic Area ("EEA") or United Kingdom ("UK"), MemberXP Ireland Limited is the data controller of your Personal Data. MemberXP's Data Protection Officer can be contacted here.
Our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it. However, we will normally collect Personal Data from you only where we have your consent to do so, where we need the Personal Data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Data from you.
If we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data). Similarly, if we collect and use your Personal Data in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.
We employ other third parties and service providers to provide services on our behalf to our website visitors, our customers, and users of the product and services. We may need to share your information with service providers to provide information about products or services to you. Examples may include removing repetitive information from prospect lists, analyzing data or performing statistical analysis on your use of the Subscription Service or interactions on our websites, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, developing and improving the product and services, and providing customer service or support. These service providers are prohibited from using your Personal Data except for these purposes, and they are required to maintain the confidentiality of your information. In all cases where we share your information with such agents, we explicitly require the agent to acknowledge and adhere to our privacy and data protection policies and standards.
We may share data with trusted MemberXP partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide sales support, or provide customer support. Partners are prohibited from using your Personal Data except for these purposes, and they are required to maintain the confidentiality of your data.
If we (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy or otherwise, that company would receive all information gathered by MemberXP on the websites and the Subscription Service. In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Data, and choices you may have regarding your Personal Data.
We reserve the right to use or disclose your Personal Data if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process. If you use the Subscription Service, Customer Data is considered Confidential Information and you should review the Confidentiality terms in the Customer Terms of Service for more information.
To facilitate our global operations, we may transfer information to other MemberXP Affiliates where we have operations for the purposes described in this policy. Please see Annex 4 of our DPA for a list of MemberXP Affiliates and their locations.
MemberXP participates in and complies with the EU-U.S. Privacy Shield Framework and the Swiss–U.S. Privacy Shield Framework (collectively, "Privacy Shield Frameworks") regarding the collection, use, and retention of Personal Data of individuals in the European Union, Switzerland and UK. The following affiliated entities adhere to the Privacy Shield Principles: MemberXP Ireland Limited, MemberXP Germany GmbH, MemberXP France S.A.S, MemberXP UK Holdings Limited, MemberXP Canada Inc., MemberXP Australia Pty Ltd, MemberXP Asia Pte. Ltd., MemberXP Latin America S.A.S, and MemberXP Japan KK. MemberXP is committed to subjecting all Personal Data received from European Union (EU) member countries, Switzerland and the UK in accordance with the Privacy Shield Principles. Please note that we do not rely on the EU-U.S. Privacy Shield as a data transfer mechanism. To learn more about the Privacy Shield Principles, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov.
You may direct any inquiries or complaints related to our Privacy Shield compliance here. If you have an unresolved privacy or data use concerns that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. The Federal Trade Commission has jurisdiction over MemberXP’s compliance with the Privacy Shield.
Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
In the context of an onward transfer, MemberXP is responsible for the processing of Personal Data it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on our behalf. MemberXP shall remain liable under the Privacy Shield Principles if our agent processes your Personal Data in a manner inconsistent with the Privacy Shield Principles, unless MemberXP is not responsible for the event giving rise to the damage.
We use a variety of security technologies and procedures to help protect your Personal Data from unauthorized access, use or disclosure. We secure the Personal Data you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. All Personal Data is protected using appropriate physical, technical and organizational measures. For more on Security at MemberXP, please see https://legal.MemberXP.com/security.
How long we keep information we collect about you depends on the type of information and how we collect and store it. After a reasonable period of time, we will either delete or anonymize your information or, if this is not possible, then we will securely store your information and isolate it from any further use until deletion is possible.
We retain Personal Data that you provide to us where we have an ongoing legitimate business need to do so (for example, as needed to comply with our legal obligations, resolve disputes and enforce our agreements).
When we have no ongoing legitimate business need to process your Personal Data, we securely delete the information or anonymize it or, if this is not possible, securely store your Personal Data and isolate it from any further processing until deletion is possible. We will delete this information at an earlier date if you so request, as described in the section "How to Access & Control Your Personal Data" below.
If you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our content, products, or services, such as when you last opened an email from us or ceased using your MemberXP account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
The data our customers process in connection with the Subscription Service is retained according to MemberXP Customer Terms of Service and Data Processing Agreement.
You have the following data protection rights:
To exercise any of these rights, please contact us here or by mail to MemberXP, P.O. Box 8054, Plymouth, MI 48170-8054, Attention: Privacy and Data Protection Officer. We will respond to your request to change, correct, or delete your data within a reasonable timeframe and notify you of the action we have taken.
If you are a customer, prospect, or otherwise interact with a MemberXP customer that uses our Subscription Service and would like to access, correct, amend or delete your data controlled by the customer, please contact the relevant customer directly. MemberXP acts as a processor for our customers and will work with our customers to fulfill these requests when applicable.
Our Acceptable Use Policy applies to us and to our customers and, among other things, prohibits use of the Subscription Service to send unsolicited commercial email in violation of applicable laws, and requires the inclusion in every email sent using the Subscription Service of an "opt-out" mechanism and other required information. We require all of our customers to agree to adhere to the Acceptable Use Policy at all times, and any violations of the Acceptable Use Policy by a customer can result in immediate suspension or termination of the Subscription Service.
You may unsubscribe from our marketing communications by clicking on the "unsubscribe" link located on the bottom of our e-mails, updating your communication preferences, or by contacting us here or postal mail to MemberXP, P.O. Box 8054, Plymouth, MI 48170-8054, Attention: Privacy and Data Protection Officer. Customers cannot opt out of receiving transactional emails related to their account with us or the Subscription Service.
Our customers are solely responsible for their own marketing emails and other communications; we cannot unsubscribe you from their communications. If you are a customer, prospect, or otherwise interact with a MemberXP customer, you can unsubscribe from our customers' marketing communications by clicking on the "unsubscribe" link located on the bottom of their emails, or by contacting them directly.
This section applies only to California consumers. For purposes of this section "Personal Information" has the meaning given in the California Consumer Privacy Act (“CCPA”). It describes how we collect, use, and share California consumers' Personal Information in our role as a business, and the rights applicable to such residents. The California Consumer Privacy Act ("CCPA") requires businesses to disclose whether they sell Personal Information. MemberXP is a business, and does not sell Personal Information. We may share Personal Information with third parties if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Information.
We have collected the following statutory categories of Personal Information in the past twelve (12) months:
You have certain rights regarding the Personal Information we collect or maintain about you. Please note these rights are not absolute, and there may be cases when we decline your request as permitted by law.
The right of access means that you have the right to request that we disclose what Personal Information we have collected, used and disclosed about you in the past 12 months.
The right of deletion means that you have the right to request that we delete Personal Information collected or maintained by us, subject to certain exceptions.
The right to non-discrimination means that you will not receive any discriminatory treatment when you exercise one of your privacy rights.
MemberXP does not sell Personal Information to third parties (pursuant to California Civil Code §§ 1798.100–1798.199, also known as the California Consumer Privacy Act of 2018).
You can exercise your rights yourself or you can alternatively designate an authorized agent to exercise these rights on your behalf. Please note that to protect your Personal Information, we will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent's identity to protect your Personal Information.
Please use the contact details below, if you would like to:
P.O. Box 8054
Plymouth, MI 48170-8054
We will never sell your Personal Data to any third party.
The websites are not intended for or targeted at children under 16, and we do not knowingly or intentionally collect Personal Data about children under 16. If you believe that we have collected Personal Data about a child under 16, please contact us here, so that we may delete the information.