Privacy Policy

Privacy Policy

Updated July 2012

1. Categories of Information We Collect

    1. Information You Provide to Us : When you register to use Goma Marketing, communicate with customer service, or send us an email, you provide us with information that we collect. Such information may include your name, physical address, email address, phone number, cell phone number, and credit card information.   By providing us with this information, you consent to your information being collected, used, disclosed and stored by us in accordance with this Privacy Policy.
    2. List and Campaign Information : When you upload or create an email distribution list or put together an Email Campaign with Goma Marketing, we have access to the data on your list and the information in your campaign.
    3. Tracking Our Emails to Our Customers : When we send emails to our own registered Goma Marketing customers, we’ll sometimes track who opened the emails and who went so far as to click on any of the hyperlinks. We do this to measure the performance of our Email Campaigns, and to improve our offerings to specific customer segments.
    4. Reports : Our Members who elect to receive Reports, can also determine who has opened or not opened emails or clicked on links. That and all other tracking information available to our Members is also available to us and we may collect and review that information.

2. Use and Disclosure of Your Personal Information. We will use and disclose your Personal Information only as follows:

    1. To promote use, including continued use, of our Services. For example, if you leave your personal information when you visit our Website and do not sign up for any of the Services, we may send you one or more emails asking whether you wish to sign up. If you use any of our Services, and may benefit from using one or more other Services we offer, we may send you an email telling you about the other Service or Services.
    2. To bill and collect sums owed to us. Uses for this purpose include sending you emails, invoices, receipts and notices of delinquency, to alert you if we need a different credit card number, and to otherwise try to collect money owed. We use third parties to handle secure credit card transaction processing and send billing information to such third parties, who maintain all information in confidence, to process your orders and credit card payments. To learn more about what steps we take to safeguard such data, see “V” below.
    3. To send you System Alert Messages to let you know about temporary or permanent changes to our Services including planned outages, new features offered, version updates, point releases, major releases, abuse warnings, changes to our Privacy Policy and possibly other documents and agreements.
    4. To help enforce compliance with our Terms of Use and applicable law including, but not limited to, helping to create white lists and black lists, to develop and test algorithms, heuristics and other methods and tools for detecting violations and to apply those methods and tools. For example, in this regard, although it’s the Member’s responsibility to make sure that the email address of anyone who opts out of receiving Emails from that Member is removed from all of that Member’s Distribution Lists, we try to make that happen automatically.
    5. To provide customer support and obtain feedback.
    6. To protect the rights and safety of us and our employees, Members, owners, officers and others
    7. To meet legal requirements such as complying with court orders and valid subpoenas.
    8. To provide information received hereunder to representatives and advisors such as attorneys and accountants to help us comply with legal and other requirements.
    9. To prosecute and defend a court, arbitration or similar proceeding.
    10. To communicate with you concerning your account for an informational, as opposed to promotional, purpose.
    11. To transfer your information in the event of the sale of substantially all of the assets of our business to a third-party or in the event of a merger, consolidation or acquisition. However, in such event, any acquirer will be subject to our obligations under this Privacy Policy.
    12. To send you informational and promotional materials that you elect (“opt-in”) to receive.

3. Your Distribution Lists. Your recipient lists are stored on a secure 3rd party server. We do not, under any circumstances, steal your lists, contact people on your lists, market to people on your lists, sell your lists, or share your lists with any other party, except as required by law or, regarding contacting, except in response to a complaint or other communication directly from an individual on one of your lists. Only carefully selected, authorized personnel have access to view Distribution Lists. We do not hold your lists hostage. We do not make it difficult for you to reclaim them.

We will use and disclose the information in your Distribution Lists only for one or more of the following purposes:

    1. To bill and collect sums owed to us.
    2. To protect the rights and safety of us and our employees, Members, owners, officers and others.
    3. To meet legal requirements such as complying with court orders and valid subpoenas.
    4. To prosecute and defend a court, arbitration or similar proceeding.
    5. To transfer your information in the event of the sale of all, or substantially all, of the assets of our business to a third-party or in the event of a merger, consolidation or acquisition. However, in such event, any acquirer will be subject to our obligations under this Privacy Policy.
    6. To provide information received hereunder to representatives and advisors such as attorneys and accountants to help us comply with legal and other requirements.

4. Content of Email Campaigns. When you send email marketing, it bounces around from server to server as it crosses the Internet. Along the way, server administrators can read what you send. Email was never built for confidential information. Never send anything in an email that you wouldn’t put on a postcard. If you have something confidential to send, do not use Goma Marketing.

5. Notification of Changes. Any changes to this Privacy Policy will be posted to this Website and emailed to the last email address you have given to us, and will become effective as of the later of the date we post on the Website or, send the email. You may object to any changes within 20 days after they are posted on our Website or delivered to you, in which case none of the proposed changes will be effective with respect to information that we have already collected from you; but will apply only to information we collect or access from you in the future. There are purposes, other than marketing, for which we are not willing or able to treat information of any open account differently from that of any other open account. Therefore, if you object to changes in our Privacy Policy which relate to those purposes, we will have to terminate your account. In contrast, in the event we ever changed our Privacy Policy to allow us to have an expanded right to use or disclose Personal Information for marketing purposes, you would be able to opt out without any such termination.
6. Accuracy of Data and Rights. We do our best to keep your data accurate and up-to-date to the extent that you provide us with the information we require to do that. If your data changes (including, but not limited to, a change in your email address) then you are responsible for notifying us of those changes so that we can keep your records up-to-date.

7.    Some Definitions. The terms “we,” “us,” “Goma Marketing” and “Company” refer to Goma Marketing, LLC dba Goma Marketing, a limited liability company organized and existing under the laws of the State of Utah, or any successor or assignee of the Company. We are in the business of creating, sending, and managing marketing campaigns (which, when sent using the “Services,” as defined below, are referred to as “Emails” or “Email Campaigns”). The term “Services” refers to the services offered by Goma Marketing. The term “Member” refers to an individual or entity who or which is registered with us to use the Services. The term “you” refers to any Member (or other party whose contact information has been provided to us over the internet) who is reading this Privacy Policy, or on behalf of whom this policy is being read. The term “Website” refers to the website with the URL http://www.gomamarketing.com. The term “Personal Information” means information about an individual who is a Member that we obtain. The term “Distribution List” means a list of email addresses of people that one of our Members has sent, or intends to send, Email Campaigns, and other information relating to such addressees. The information in Distribution Lists is sometimes referred to herein as “User Data.”

8.    Effective Date. This Privacy Policy is effective with respect to all data that we have collected, or collect, about and/or from you, both prior to your registration as a Member and/or during the Term, in accordance with the Terms of Use.

9.    Questions. If you have any questions, comments, or concerns or wish to update, delete or change any Personal Information, or have any questions about our Privacy Policy, please notify us through postal mail at:
Goma Marketing
1345 S. Main St.
Salt Lake City, UT 84115