GDPR2018-11-06T13:15:13+00:00

Privacy Notice

Issued: May 25, 2018
Last updated: November 6, 2018

This notice falls under the General Data Protection Regulation (GDPR).

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Who We Are

SP Guard is a product from Iconix, Inc., incorporated in Delaware in 2004.

Our address:

  • 255 W. Julian Street, Suite 302
  • San Jose, CA   95110

How To Contact Us

We can be reached via this contact form on our website. We can be reached for GDPR specific requests here.

Personal Data We Collect

  • With regard to email lists
    • Email address
    • IP Address
    • Newsletter: opens, clicks, opt-ins
  • With regard to website visitors
    • User agent data,including, but not limited to the domain name, IP address, referral link, operating system, and browser type and version being used to access the Site.

List the information that we store but that is not identifiable:

  • Email sender and usage data regarding senders marked by SP Guard and Truemark collected from all users of SP Guard and Truemark to enable us to provide the SP Guard service.
  • Email sender and usage data regarding all senders that certain users opt-in to share with us to help improve the SP Guard and Truemark services.

Consent to Collect

We collect data from users that have created accounts with us, either free or paid. An account is created by using SP Guard, Truemark, by subscribing to our emails, by contacting us, or by accepting cookies.

We ask for consent during the cookie account creation process with a checkbox. A link to this “Privacy Notice” page is provided during that account creation process.

The legal basis for us to collect the data is to be able to provide you with a service.

Your Data, Your Rights

  • You can request a copy of their data which we will provide within 30 days;
  • You can request your data to be anonymized which we will do within 30 days;
  • While we will do everything we can to keep our service secure, in the event of a data breach or misuse, we will inform our users of what happened and what we have done to put it right within 30 days.

For complete discussions of SP Guard and Truemark, consult the respective SP Guard EULA or Truemark EULA.

Services and Third Parties Where Iconix Stores Data

Iconix relies on third party services to maintain its own services. Iconix never shares or resells any of its identifiable data regarding visitors to its website, users of Truemark or users of SP Guard.  Cookies are discussed in more detail below.

In Europe:

  • None

International:

  • Savvis, with regard to the SP Guard and Truemark services (US)
  • WP Engine with regard to our website and our email lists (US)
  • Google Analytics with regard to our website (US)

Cookies

We use cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, and record activity at the Site as described below:

Cookie Name  Description
ARRAffinity Load Balancer: This cookie is used by our host’s load balancer to identify the server that is active for your request on our cluster. Its purpose is to improve the performance of the website. This is an essential cookie to the operation of the site that is always set by the load balancer and does not store any personal information.
WAWebSiteSID Load Balancer: This cookie is used by our host’s load balancer to identify the server that is active for your request on our cluster. Its purpose is to improve the performance of the website. This is an essential cookie to the operation of the site that is always set by the load balancer and does not store any personal information. 
JSESSIONID This is a simple token used by Java applications to identify your unique session on the website. Typically used to maintain the integrity of your session while transacting information with a website (accessing secure areas, forms submissions etc)
civicAllowCookies
civicShowCookieIcon
Cookie Control cookies. These cookies are set in order to remember preferences in regards to cookies.
__utma Google Analytics: We use Google Analytics to monitor traffic levels, search queries and visits to this website.Google Analytics stores IP address anonamously on its servers in the US, and neither CIVIC or Google associate your IP address with any personally identifiable information.These cookies enable Google to determine whether you are a return visitor to the site, and to track the pages that you visit during your session.
For EU visitors, these cookies are set only after the user has given consent to us to use cookies.
__utmb
__utmz
__ga
wp-settings-* These cookies are required by our website authoring software and hold no personally identifiable information.
wp-settings-time-*
unam ShareThis cookies. Used by the ShareThis sharing service. If are a ShareThis user and you sign into your ShareThis account, your ShareThis data will be used by ShareThis consistent with your ShareThis settings. This cookie is set only after the user has given consent to us to use cookies.

To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

Length of Data Collection

Iconix will keep identifiable data for an undetermined amount of time or until the user asks us to anonymize and/or delete the user’s data.

Newsletter & Account Statistics and Reporting

Iconix records behavioral data, such as opens and clicks, for emails Iconix sends.

Iconix collects data from mail list users’ accounts for security reasons, to monitor deliverability and for internal reporting:

  • Number of emails sent by Iconix
  • Email addresses of recipients

Iconix collects data from SP Guard users’ accounts in order to provide the service and for internal reporting:

  • Number of emails received
  • Email metadata regarding senders and intermediate email handlers
  • Email addresses of senders

Who Has Access to Our Data?

Iconix does not share or sell data to with any third party.

Iconix staff and contractors have access to users’ data for the purpose of providing services.

No identifiable data is stored on staff or contractor computers on a permanent basis. Contractors are requested to delete this data at the end of their mission.

Information Use and Dissemination

The information we collect from our website is: (i) used to improve the content of the Site; (ii) used to customize the content and/or layout of the Site for each individual visitor; (iii) used to notify consumers about updates to the Site and/or information about Iconix; (iv) used to gather information for market research in support of our business strategies; (v) disclosed to our agents or contractors who assist in providing support for our internal operations and compliance; (vi) used to respond to your communication with us; (vii) used to provide you with any information to which you have subscribed from us; (viii) used to verify or enforce compliance with the policies governing the Site and applicable laws; (ix) used to provide the Iconix® services, if any, which you use; and/or (x) used to protect against misuse or unauthorized use of the Site.

The information we collect is disclosed: (i) when legally required to do so, at the request of governmental authorities conducting an investigation, consistent with the request of the government authority; (ii) to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change respecting the Site; and/or (iiv) in aggregate form to other reputable organizations or to the public.

Failure to Create Password

We have no services for consumers which require passwords.

Interaction with Third Parties

The Site may contain links to third party web sites. Access to any other web site linked to the Site is at the user’s own risk. The linked sites are not under the control of Iconix and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on any linked site or any link contained in a linked site, or any changes or updates to such sites. We only provide these links as a convenience to you, and any inclusion of any link does not imply endorsement of that web site by Iconix.

Intellectual Property Rights

Our Intellectual Property Rights. You acknowledge that Iconix owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the “Iconix Rights”), and such Iconix Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, adapt, translate, or create derivative works from the Service nor will you attempt to reverse engineer the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Iconix Rights include rights to (i) the Service developed and provided by Iconix; and (ii) all software associated with the Service. The Iconix Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service other than communications of Iconix.

Changes to this Privacy Policy

If our information practices change at some time in the future, we will post the policy changes to the Site to notify you of these changes and we will use for these new purposes only data collected from the time of the policy change forward. If you are concerned about how your information is used, you should check back at the Site periodically. If you provide us with your email address to receive information about Iconix, we will also send you an email regarding the changes.

Children and Privacy

The Site does not target and is not intended to attract children. Iconix. does not knowingly solicit COPPA personal information from children or send them requests for COPPA personal information. Due to the Children’s Online Privacy Protection Act of 1998 you must be at least thirteen (13) years of age to subscribe to services offered on the Site.

Your Responsibilities

You are responsible for complying with the Terms of Use applicable to your use of services provided by Iconix. Iconix reserves the right to refuse service to anyone at any time without notice for any reason or no reason.

Account Information

When you submit information to Iconix a temporary copy of that information is routinely made to prevent accidental loss of your information through a computer malfunction or human error.

Iconix keeps your Account Information active in our user databases in order to provide the services and information that you have requested from Iconix.

Our computers that support the services which we provide process and store an enormous amount of information every day. These computer records are called “log files.” Log files are used for analysis, research, auditing, and other purposes, as described above. After this information has been used, it is stored and is archived in back-up storage. Your Account Information may remain in log files that are on our computers and/or in archived storage.

Personal information collected by us may be stored and processed in the United States or any other country in which we or our agents maintain facilities. By using the Iconix services, you consent to any such transfer of information outside of your country.

Information Security

With respect to security, we have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at the Site.

Invitation and Referrals

Our emails or services may include a request to forward to a friend. If you choose to forward an email or information from Iconix to a friend, then your name and email address and the name and email address of your friend that you enter are stored on our servers and are used only for these purposes:

Iconix:

  1. uses the names and email addresses to transmit the invitation; and
  2. uses the friend’s email address to;
    1. compare to the list of email addresses previously invited and, if previously invited, to suppress the duplicate invitation; and
    2. compare to the list of email addresses that have “opted-out” of communications from Iconix to suppress the invitation if the email address has previously “opted-out”.

Inquires & Complaints

If you have an inquiry or complaint about the privacy practices of Iconix you should contact us at using our contact form.

Claims of copyright infringement must be made using our Digital Millennium Copyright Act procedures that are on the legal page.

If you believe that your rights has been violated in a way that constitutes infringement of your intellectual property rights (other than your copyrights) or that your privacy rights outside of the scope of our privacy policy have been violated (“Infringement”), please provide Notice to our Compliance Office at the address set forth below with the following information:

  1. the physical signature of the person authorized to act on behalf of the owner of the intellectual property or privacy interest;
  2. a description of the property or privacy right that you claim has been infringed;
  3. a description of where the material that you claim is infringing or otherwise unauthorized is located on the Site or elsewhere;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the owner or authorized to act on the owner’s behalf.

Notices regarding Infringement must be transmitted as follows:

By Certified Mail/Return Receipt Requested to:
Compliance Office
ICONIX, Inc.
255 W. Julian St, Suite 302
San Jose, CA 95110