NutshellMail Privacy Policy

1. Introduction

(i) Welcome to NutshellMail.com (the "Site"), which is owned and operated by Nutshell Mail, Inc. ("NutshellMail") and provides:

(a) electronic messaging aggregation and accessibility services known as NutshellMail™;
(b) delivery of aggregated messages in the form of e-mail updates; and
(c) related services (collectively, (a)-(c) above are the "Services").

(ii) NutshellMail fully appreciates the need to protect the privacy of users of the Site and/or the Services (individually, a "User" and collectively, the "Users"). As a result, your privacy is very important to us, and this Privacy Policy identifies and explains the types of information we may gather along with potential users and uses of that information.

(iii) NutshellMail reserves the right to change all or a portion of this Privacy Policy at any time with or without individual notice to you, and your continued use of the Services or the Site constitutes your binding acceptance of any such changes. Changes to the Privacy Policy shall become effective upon posting to the Site. You may always review the most current version of our Privacy Policy by accessing the Site.

(iv) Please be advised that use of the Site and the Services are subject to and controlled by NutshellMail's Terms of Service ("TOS"). By using the Services, you evidence your complete and unqualified acceptance of the TOS, which creates a binding contract between us with respect to your duty to comply with the TOS. All capitalized terms used herein shall have the same meaning as defined in the TOS unless otherwise expressly defined in this Privacy Policy.

2. Information Gathered by NutshellMail

(i) NutshellMail may gather personal information about you that is provided or transmitted by Users of the Site and/or the Services. We may also gather aggregated tracking information regarding overall usage of the Site and the Services, such as but not limited to tallies of page views and click-through activity and/or the number of messages sent via the Services. This information is used to help us understand how Users are using the Site and the Services.

(ii) The following are some but not necessarily all of the methods that may be used us to obtain information from and about Users:

(a) Registration, Payment & Support: We may obtain information that is provided during any voluntary or mandatory registration process, online payment transaction or request for technical support, which may include without limitation the User's name, postal address, e-mail addresses, cell and landline phone numbers, e-mail service providers, social network providers and certain demographic information, such as age and gender. We may ask you to provide one or more e-mail addresses and/or social network usernames and their corresponding passwords. This information is only collected when required to authenticate your access to the e-mail account or social network as well as to provide the Services. We may also obtain this information when collected by third parties that have a business relationship with NutshellMail and to whom you have provided such information.

If payment is required for the Services, NutshellMail will request your name, mailing address, phone number, credit card information and other information to securely process the financial transaction. We shall maintain your e-mail addresses, password and billing information in strict confidence. We will use your personally identifiable information to provide the Services, notify you of technical or billing information, or inform you of changes in the Services.

(b) Cookies & Web Beacons: We may obtain information about you by using cookies, which are small data files transferred from a website server to the hard drive of your computer or other network device. Cookie files are commonly used to track the pages on the Site that Users visit. Cookies do not read information stored on your hard drive or files generated by cookies deriving from other website servers. Additionally, we may obtain information about you by using technology, including without limitation web beacons that allow us to count the number of Users who have visited a particular page or component of the Site.

(c) Usage Tracking: NutshellMail may track usage patterns on the Site. As a result, this usage tracking generates only anonymous information. We may also gather information associated with a User's Internet browser, such as but not limited to browser type, domain name and MIME type. Further, we may track and record "key words" entered into any search functionality on the Site.

(d) Surveys/Polls: NutshellMail may conduct surveys or polls among Users regarding the Site and/or the Services. We may share information obtained from the surveys and polls with third parties. For polls conducted through the Site, we may use a "tag" system to identify Users who have already voted, thus preventing multiple votes by a single User.

(e) Business Partners: Third-party advertisers on the Site may also employ technology, including without limitation cookies and web beacons to evaluate traffic and other usage of their ads or other content that may appear on the Site and/or the Services, and the use of such information is controlled by the Privacy Policies (if any) of such third parties, and not NutshellMail. Accordingly, NutshellMail has no responsibility or liability for these independent policies or the actions of such third parties.

(f) Retention of Messages: To the extent permitted or required by applicable law, Users acknowledge and agree that NutshellMail may, at its sole discretion, make and preserve copies of any and all Messages transmitted via the Services for internal back-up and other legal or business purposes.

3. Uses of the Information by NutshellMail

(i) Information obtained by NutshellMail may be used internally by NutshellMail and its affiliated companies ("Affiliates") to evaluate and provide the Services and the Site, and to make improvements thereto.

(ii) Affiliates are companies:

(a) in which NutshellMail has an ownership interest;
(b) that have an ownership interest in NutshellMail;
(c) that merge or consolidate with NutshellMail, or result from an IPO; or
(d) that are acquired by or acquire NutshellMail.

(iii) NutshellMail reserves the right, at its sole discretion, to disclose, sell or otherwise release your personal information to any Affiliate.

(iv) NutshellMail may also use your personal information to facilitate suspension or termination of a User's access to or use of the Site and/or the Services as permitted under the TOS.

(v) NutshellMail reserves the right to disclose your personal information to courts, law enforcement authorities and/or other relevant third parties when such disclosure is necessary or advisable, at NutshellMail's sole discretion, to bring legal action or pursue other relief when a User or third party is or may be:

(a) violating the TOS;

(b) causing injury or other harm to, or otherwise violating NutshellMail's property or other legal rights, or those of other Users or third parties; or

(c) violating federal, state, local, or other applicable law.

4. Uses of Personal Information & Opt-In/Opt-Out Options

(1) NutshellMail may sell, for its own account, or otherwise release, your personal information to related third parties (such as our partners, bankers and advertisers) in order for them to notify you of products and/or services that may be of interest to you, or for any other lawful purpose;

(2) NutshellMail may unilaterally issue "return-receipt," "confirmation of receipt" or similar messages to Recipients and Senders of Messages, which confirm delivery of a Message and/or alert the Sender to existing, new or up-coming features of the Services; and

(3) NutshellMail may use your personal information to advise you of new or additional services offered by NutshellMail and/or its Affiliates; provided that all such correspondence shall alert Users of Opt-Out procedures in order to stop receiving such correspondence.

5. Security

(i) NutshellMail has implemented technology and security features and policy guidelines to safeguard the privacy of e-mail messages and customer identifiable information from unauthorized access or improper use.

(ii) We use security practices and systems to protect your personal information that is retained by us, but NutshellMail cannot guarantee absolute or unqualified protection of this information given the open nature and resulting instability of the Internet and World Wide Web.

(iii) Accordingly, NutshellMail makes no representations or warranties as to the effectiveness of its security and assumes no liability for security breaches made possible by any failure in its security practices or systems, or any failure in the security of your computer equipment, your ISP or other networks and communications providers.

6. Commitment to Children's Privacy

NutshellMail fully complies with the Children's Online Privacy Protection Act of 1998 and other applicable laws, as may be subsequently amended. Accordingly, it is our policy not to ask or collect information from any person under the age of 13. Minors who are at least 13 but under 18 years of age must ask a parent or guardian for permission before providing any personal information online.

7. Privacy Policy Contact & Trademark

Questions regarding this Privacy Policy may be addressed to us from our Contact Us or About pages. Please be advised that NutshellMail™ is a registered trademark of Nutshell Mail, Inc..

8. Third Party Privacy Policies

The Site may contain links to web sites that are provided and maintained exclusively by third parties web sites provided and maintained by third parties are not subject to this privacy policy. Please review the privacy policies on those web sites to understand their personal information handling practices. We make no representations concerning the privacy policies of these third party web sites.