Email Privacy Policy
In this
privacy policy "you" and "your" refer to Customers, as defined below, and "we"
refers to Malibu.com. We respect your right to privacy regarding the use of our
Email Hosting Services and Email Marketing Services. We have adopted this
Privacy Policy, which we hope provides privacy to you, assuming you are not
using Email Hosting Services or Email Marketing Services to conduct unlawful
activities and you otherwise comply with the Terms of Services. Our Privacy
Policy makes the following commitments:
WE WILL NOT
USE YOUR INFORMATION FOR ANY PURPOSES OTHER THAN TO PROVIDE YOU WITH OUR EMAIL
HOSTING, EMAIL MARKETING, AND RELATED SERVICES. MORE SPECIFICALLY, WE WILL NOT
SHARE YOUR INFORMATION WITH THIRD PARTIES IN WAYS OTHER THAN DISCLOSED IN THIS
POLICY. ADDITIONALLY, WE WILL NOT EMPLOY TECHNOLOGY TO READ EMAIL MESSAGES IN
ORDER TO TARGET, DISPLAY, OR SEND MARKETING ADS BASED ON THE CONTENT OF THOSE
EMAIL MESSAGES.
This
Privacy Policy discloses the types of personal information collected and stored
by Malibu.com and how that information is used to provide the Email Hosting
Services, Email Marketing Services, and related sales and support services. You
acknowledge and agree to the collection and use of your personal information as
set forth in this Privacy Policy.
For
personal information of Customers, which Malibu.com receives from the European
Economic Area, Malibu.com has committed to handling such personal information in
accordance with the Safe Harbor Principles. Malibu.com's (formerly Webmail.us)
Safe Harbor certification can be found at
http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list.
For more information about the Safe Harbor Principles, please visit the U.S.
Department of Commerce's Website at
http://www.export.gov/safeharbor/sh_overview.html.
Malibu.com
will apply this Privacy Policy to Reseller Accounts on behalf of the responsible
Reseller as if the Reseller Accounts were Customers of Malibu.com but nothing
herein shall cause Malibu.com to be obligated or liable to such Reseller
Accounts. Resellers shall have sole responsibility to and for their Reseller
Accounts.
In this
Privacy Policy the following terms will be used and have the subsequent
definitions assigned to them:
Free Trial
and Orders. If you sign up for our 14 day free trial or purchase a service
from Malibu.com, we collect some personal information, including but not limited
to name, phone number, billing address, payment information and password. A
secret question and answer may also be asked in order to verify the identity of
Customers if their account password is lost. We use this information for billing
purposes and to fill your orders. If we have trouble processing an order, we
will use this information to contact you.
Support
Information. When you fill out an online form to make a request for customer
support, Malibu.com collects some personal information, including but not
limited to name, company name, phone number, email address, domain name, and
description of the inquiry. This information is used to open a trouble ticket so
that Malibu.com can remedy the issue as quickly as possible.
Email
Contents. . The contents of your email account are stored on Malibu.com
servers in order to provide the Email Hosting Services and Email Marketing
Services. This information is stored on secure servers, which process the
information in order to provide you with authenticated access to your mailbox,
receive and transmit email messages and prevent unsolicited bulk email ("Spam").
Email contents are backed up to separate storage systems daily for the purpose
of recovery from errors or system failure. Copies of email messages may remain
on the backup storage systems for approximately two (2) weeks, even after you
delete the emails from your mailbox or after termination of Email Hosting
Services or Email Marketing Services. In order to improve Malibu.com's services
and to ensure the integrity of the Malibu.com servers and system, Malibu.com may
retain and analyze Spam (including unsolicited bulk email addressed to your
email address) and under certain circumstances may permit certain third parties
to do so, but only on a confidential, aggregate basis and only for the purpose
of improving systems that address unsolicited bulk email.
For Email
Hosting Services, Malibu.com employees do not access the content of any
mailboxes unless you specifically request them to do so (e.g., when Customers
report difficulties using their account), or if required to do so by law, or if
Malibu.com in good faith believes that such action is necessary to protect,
maintain and defend the rights and property of Malibu.com, its Customers or the
public.
For Email
Marketing Services, outgoing bulk email messages are subject to review and
rejection by Malibu.com employees prior to transmission. Those messages reviewed
by Malibu.com employees will be reviewed solely to determine compliance with the
Acceptable Use Policy, specifically those provisions pertaining to Email
Marketing Services.
Special
Email Addresses. All domains on the Internet are required to have a
"postmaster" and "abuse" mailbox pursuant to certain industry regulations,
specifically RFC 2821 and RFC 2142. To help you comply with this regulation,
Malibu.com automatically accepts mail for the following addresses within all
domains hosted on the Malibu.com network:
1.
abuse@example.com - delivers to
abuse@Malibu.com
2.
postmaster@example.com
- delivers to
postmaster@Malibu.com
These
special email addresses must always exist, however you may configure these
addresses forward to alternate mailboxes within their domain. Malibu.com
employees monitor the emails that arrive to
abuse@Malibu.com
and
postmaster@Malibu.com solely
for the purpose of following up on abuse related complaints from Internet users
and ISPs.
Log
Information. You are provided with detailed usage statistics regarding your
Email Hosting Services and Email Marketing Services. To provide this
information, and to facilitate troubleshooting of problems, Malibu.com collects
certain information relating to the usage of the services. This information is
stored in server logs and includes, but is not limited to, usage of SMTP, POP3,
IMAP, Malibu.com, Spam Filtering and Virus Scanning. This information is also
aggregated in order to generate system wide usage totals, which are used to
effectively scale the system infrastructure and improve the quality of the
services.
Agents. We use an outside credit card processing company to process and
collect fees for Email Hosting Services and Email Marketing Services. We will
share your name, address, and credit card information as necessary for the third
party to provide their service. These companies do not retain, share, store or
use personally identifiable information for any other purposes. These third
parties are prohibited from using your personally identifiable information for
any other purpose.
Business
Transitions. In the event that Malibu.com goes through a business transition,
such as a merger, acquisition by another company, or sale of all or a portion of
its assets, your personally identifiable information will likely be among the
assets transferred. You will be notified via email as well as through a
prominent notice on our website and Control Panel of any such change in
ownership or control of your personal information for at least 30 days.
Access to
Personally Identifiable Information.
If your personally identifiable information changes, or if you no longer desire
our Email Hosting Service or Email Marketing Service, you may correct, update,
delete or deactivate your account in our Control Panel, by emailing
support@Malibu.com, by calling
our support line at 866.392.3336 x 183 or by postal mail at the address listed
below. Malibu.com will respond to your request for access to your personal
information with 48 hours.
Public
Forums. If you use a bulletin board, blog, or chat room on this Web site,
you should be aware that any personally identifiable information you submit
there can be read, collected, or used by other users of these forums and could
be used to send you unsolicited messages. We are not responsible for personally
identifiable information you chose to submit in these forums.
Security. Malibu.com has put in place physical, electronic and managerial
procedures to safeguard the information that is collected. Various security
technologies have been implemented to ensure that external parties cannot access
or modify your personal information on the Malibu.com Network. Specifically,
Secure Sockets Layer (SSL) encryption is used on specific Web pages to safeguard
online purchase transactions. SSL technology is the industry standard protocol
for secure, Web-based communications. SSL is used by e-commerce websites on the
Internet to enable secure transactions between customers and suppliers. A
limited number of employees are authorized to access your information when the
need arises, and those employees undergo thorough background checks and are
trained on the importance of maintaining your privacy.
Children's
Privacy. Malibu.com is committed to protecting the privacy needs of
children and we encourage parents and guardians to take an active role in their
children's online activities and interests. Malibu.com does not knowingly
collect information from children under the age of 13 and does not target its
websites, Email Hosting Services, or Email Marketing Services to children under
the age of 13.
Release of
Personal Information in Extraordinary Circumstances. Except as provided for in this Privacy Policy, Malibu.com will
not share your personal information with third parties without your express
permission unless extraordinary circumstances apply. With respect to the release
of personal information, extraordinary circumstances exist when the disclosure
of such information is legally required or requested by a governmental entity,
or when Malibu.com, acting in good faith, believes that the disclosure of such
information is necessary to conform to legal requirements or comply with legal
process, protect the rights of Malibu.com, prevent a crime or protect national
security, or protect the personal safety of its Customers or the public. If the
information about your account, personal information, emails or other data, is
sought from Malibu.com by legal process, such as a subpoena, unless prohibited
by law from doing so, Malibu.com will attempt to notify you prior to the time a
response is made but there is no assurance that we will be successful or that
you will receive such notice. Malibu.com will not contest or challenge the legal
process or require a court order. We will provide the information to the party
serving legal process on the earlier of 10 days after the process is served on
us or on the due date for response set out in the legal process unless a
protective order or other court action is received by Malibu.com quashing the
process. You will be solely responsible for obtaining such a protective order or
court action. Malibu.com will take no steps to do so.
Privacy
Policy Changes. If we decide to change our Privacy Policy, we will
post those changes to this Privacy Policy, our website, and other places we deem
appropriate so that you are aware of what information we collect, how we use it,
and under what circumstances, if any, we disclose it. We reserve the right to
modify this Privacy Policy at any time, so please review it frequently. If we
make material changes to this Policy, we will notify you here, by email, or by
means of a notice on our home page.
Malibu.com
collects statistical information about how Users locate and navigate its
websites. This information, sent by normal Web browsers, usually includes the
browser type, Internet Protocol (IP) address and referring URL. This information
is used to improve the usefulness of the websites and to enhance the positioning
of websites within Internet search engines. Users remain anonymous unless they
voluntarily contact Malibu.com by filling out an online form, at which point
this data may be linked with Users in order to provide the best possible
service.
Demonstration email accounts. Website Users have two options in creating an email
account for demonstration purposes. 1) Users may anonymously activate a "1-Click
Demo" instantly providing access to a limited functionality sample email account
through the Malibu.com interface. 2) Users may request a fully functional demo
account by filling out an online form. This form requires a valid email address
and phone number so that Malibu.com can contact User by email or phone to
confirm potential fit of the email service and to provide User with the demo
account password. Malibu.com does not use submitted demo request form data for
any purpose other than to contact Users regarding the demo.
Contact
information. When Users fill out an online form to contact Malibu.com,
Malibu.com collects some personal information, including but not limited to
name, company name, phone number, email address, and reason for contact. This
information is used to respond to the User's initial contact in a timely manner.
Cookies. A cookie is a small piece of information that a Web server can
store temporarily with a Web browser. Cookies are useful for having a browser
remember specific information that the Web server can later retrieve.
When Users
visit Malibu.com owned websites, a cookie is set on their browser for the
purpose of gathering statistical data about how the Malibu.com websites are
being used. The use of cookies improves the quality of the websites, however if
Users prefer, they may configure their browser not to accept cookies. Web
browsers that do not accept cookies will still be able to access some of the
Malibu.com sites. Cookies are tied to Users' personal information only when a
purchase is made, a demo is requested, or a contact form is filled out.
When you
use Malibu.com services, a cookie is set on your browser for security
authentication purposes. Your sensitive information IS NOT stored within these
cookies, unless you specifically select the "Remember my info" check box on the
Malibu.com login page located at
webmail.Malibu.com.
If you prefer, you may configure your browser not to accept cookies. When
browsers are configured not to accept cookies, Email Hosting Services will still
be available via POP3 and IMAP4 standard protocols and Email Marketing Services
may be limited, however, for security reasons the Malibu.com applications will
not be available.
Third Party
Cookies. Some of the businesses we advertise with use cookies on our
website to help us determine the effectiveness of our website content and
advertising. We have no control over third party cookies. This Privacy Policy
covers the use of cookies by Malibu.com, and does not cover the use of cookies
by any advertisers. The information that these companies collect and share
through this technology is not personally identifiable. This sub-section on
Third Party Cookies only applies to the website Information section of this
Privacy Policy and DOES NOT APPLY TO YOUR EMAIL ACCOUNT INFORMATION section.
More specifically, we do not use Third Party Cookies when providing Email
Hosting Services or Email Marketing Services to you.
Clear Gifs
(a.k.a. Web Beacons/Web Bugs). Some of
the businesses we advertise with employ a software technology called clear gifs
(i.e. Web Beacons/Web Bugs) to help us determine the effectiveness of our
website content and advertising. Clear gifs are tiny graphics with a unique
identifier, similar in function to cookies, and are used to track the online
movements of Users. In contrast to cookies, which are stored on Users' computer
hard drives, clear gifs are embedded invisibly on Web pages and are about the
size of the period at the end of this sentence. We do not tie the information
gathered by clear gifs to your personally identifiable information. This
sub-section on Clear Gifs (a.k.a. Web Beacons/Web Bugs) only applies to the
website Information section of this Privacy Policy and DOES NOT APPLY TO YOUR
EMAIL ACCOUNT INFORMATION section. More specifically, we do not use Clear Gifs
when providing Email Hosting Services; however, they are used to track campaign
delivery information in the Email Marketing Services.
Choice/Opt-out. Prior to signing up for our services, we collect personally
identifiable information when creating a demonstration email account, when
contacting our staff and when requesting customer support. We only collect
personally identifiable information that is voluntarily submitted via our online
website forms. WE WILL ONLY CONTACT USERS WHEN A REQUEST FOR CONTACT OR A FULLY
FUNCTIONAL DEMO EMAIL ACCOUNT HAS BEEN MADE. Users have the option of opting out
of future communications by informing the company representative that contacts
them, by emailing
support@Malibu.com, by calling
our support line at 866.392.3336 x183 or by postal mail at the address listed
below.
Service-related Announcements. We will send you strictly service-related
announcements via email on rare occasions when it is necessary to do so. For
instance, if your service is being upgraded or is temporarily suspended for
maintenance, we might send you and email. Generally, you may not opt-out of
these communications, which are not promotional in nature. If you do not wish to
receive them, you have the option to deactivate your account. We also will
occasionally send you an email asking you to fill out a customer satisfaction
survey. You may opt-out of these by clicking on the unsubscribe link contained
within the email.
EU Safe
Harbor. Malibu.com complies with the EU Safe Harbor framework as set
forth by the Department of Commerce regarding the collection, use, and retention
of data from the European Union.
Malibu.com
is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent,
non-profit organization whose mission is to build your trust and confidence in
the Internet by promoting the use of fair information practices. This Privacy
Policy specifically covers the following website:
www.Malibu.com.com. Because Malibu.com
wants to demonstrate its commitment to your privacy through this website, it has
agreed to disclose its information practices and have its privacy practices
reviewed for compliance by TRUSTe.
If you have
questions or concerns regarding this Policy, you should contact our Privacy
Department using the information below:
Malibu.com.
Attn: Privacy Department
228 Commercial Street
#424
Nevada City, CA 95959
Email:
privacy-matters@Malibu.com
If you do
not receive acknowledgment of your inquiry or your inquiry has not been
satisfactorily addressed, you should then contact TRUSTe at the website below:
Website:
http://www.truste.org/consumers/watchdog_complaint.php
TRUSTe will
then serve as a liaison with the website to resolve your concerns.
The TRUSTe
program covers only information that is collected through this Web site, and
does not cover information that may be collected through software downloaded
from this site.
Updated
January 21, 2008