Legal

Privacy Policy

Last updated: July 23, 2026

1. The Basics

Opptima is an online marketing platform (the "Service") operated by Opptima LLC. We take data handling and privacy very seriously. This policy explains who we are, how we collect, share and use personal information, and how you can exercise your privacy rights. We recommend reading this entire Privacy Policy so that you are well informed; to make it easier to review, we have divided the document into sections specifically applicable to Members, Contacts and Visitors, along with general sections that apply to everyone alike. Our services allow Members to, among other things, send and manage email campaigns and publish ads, as well as other related services such as real-time data analytics.

2. Key Terms

In this policy, the following terms have the meanings below:

‘Contact’ is any person who can be contacted by one of our Members through our services — in other words, anyone on a Member’s Distribution List (for example, a subscriber to their email marketing campaigns).

‘Distribution List’ is the list of contacts and related information that a Member may upload or manage on our platform (for example, email addresses).

‘Member’ is any person or entity registered with us to use our service.

‘Personal Information’ means any information that identifies or could be used to identify a Member, Contact or Visitor, directly or indirectly — for example, first and last name, date of birth, email address, gender, occupation or demographic information.

‘Web Pages’ means any web page we own and/or operate, or any interactive feature, application, tool, blog, social network or other online, mobile or wireless offering that posts this privacy policy.

‘Visitor’ means any person or entity who visits any of our web pages or platforms.

‘You’ and ‘your’, depending on context, refer to a Member, Contact or Visitor.

3. Information We Collect — Information You Provide to Us

This section applies to the personal information we collect and process from a Member in providing the services; if you are not a Member, the sections applicable to Visitors and Contacts will apply better to you. From the moment a relationship is created between you and our services, you may need to provide personal information about yourself and your contacts — typically when you register and use the services, but also when you consult with our customer service team, send us an email, integrate the services with another website or communicate with us in some other way. We will let you know, before collecting your data, whether providing the personal information is mandatory or may be provided voluntarily, and the consequences of doing so or not. By providing us with this information, you agree that it will be collected, used and disclosed as described in our terms of use and this policy. You need an Opptima account to use the services as a Member; when you register we will ask for basic information such as your name, email address, username, password, company name, occupation, location and phone number (for example, if you use two-factor authentication).

4. Billing and Communications Information

If you purchase our services, you will also need to provide us with payment and billing information, such as your credit card details and billing address. We also keep a record of your transactions, billing purchases, and any related communications and responses.

5. Information We Collect on Your Behalf

To send an email campaign or use certain features on your account, you must upload a Distribution List that provides us with information about your Contacts, such as their names and email addresses. We use and process this information to provide the services in accordance with your instructions.

6. Information We Collect Automatically

When you use our services, we may automatically collect certain information about your device and your use of the services, including through cookies and other tracking technologies.

Device Information: we collect information about the device and applications you use to access the services, such as your IP address, operating system, browser ID and other information about your system and connection.

Log Data: our web servers keep log files that record data each time a device accesses those servers, including originating IP addresses, and we may access metadata and other information associated with files you upload to our services.

Product Usage Data: we collect usage data every time you interact with the services, including the dates and times you access them and your browsing activities, as well as performance metrics related to the deliverability of the emails and other communications you send through the services. This information allows us to improve the content and operation of the services, and to facilitate research and analysis of the services.

7. Information We Collect From Other Sources

From time to time, we may obtain information about you or your contacts from third-party sources, such as public databases, social media platforms, third-party data providers and our co-marketing partners. We take steps to ensure that such third parties have legal or contractual permission to disclose that information to us. Examples include demographic information (such as age and gender), device information (such as IP addresses), location (such as country, city and state) and online behavioral data (such as social media usage, page-view information and search results and links). We use this information, alone or combined with other information we collect, to improve our ability to provide you with relevant content and marketing, and to develop and provide more relevant products, features and services.

8. Information About the Use of Our Mobile Applications

When you use our mobile applications, we may collect certain additional device- and usage-related information, beyond what is described elsewhere in this policy.

Device Information: we may collect information about the type of device and operating system you use; we do not request access to, or track, any location-based information from your mobile device at any time during the download or use of our mobile applications or services.

Product Usage Data: we may use mobile analytics software to better understand how people use the application, including how often you use it and other performance data.

9. Use of Personal Information

We may use the personal information we collect for a variety of reasons, including:

To bill and collect money owed to us: this includes sending you emails, invoices, receipts and past-due notices.
To send you system alert messages: such as planned outages, account security or compliance notifications, new features, version updates and changes to this privacy policy.
To communicate with you about your account and provide customer support: including automatic push notifications in our mobile applications, which you can turn off through your device’s operating system.
To maintain compliance with our Terms of Use and applicable law, and to protect the rights and safety of our Members and third parties, as well as our own: for example, we sometimes review the content of our Members’ email campaigns to make sure they comply with our Terms of Use, supported by software that helps us find campaigns that may violate them. Email was not built for confidential information, so please do not use our services to send confidential information of any kind.
To comply with legal requirements: including court orders, valid discovery requests and subpoenas.
To provide information to representatives and advisors: including lawyers and accountants.
To prosecute and defend a court, arbitration or similar legal proceeding.
To respond to lawful requests from public authorities: including national security or law enforcement requirements.
To provide, support and improve the services: which may include sharing your contacts’ information with third parties to provide and support our services, always requiring those third parties to sign a contract obligating them to use the information consistently with this policy and applicable privacy laws.
To offer you suggestions as a Member: such as comparisons between Members’ email campaigns or recommendations of products and services relevant to you or your contacts.
For our data analytics projects: we use information such as your spending habits and your contacts’ details and purchase history to make more informed predictions, decisions and products for our Members — for example, to enable product recommendations, audience segmentation and predicted demographic characteristics.
Combined Information: we may combine personal information with other information we collect or obtain about you, such as from third-party partners, to serve you specifically or for advertising or targeting purposes in accordance with this policy; when we do, we apply all the safeguards in this policy to the combined information.
Other purposes: to carry out other legitimate business purposes, as well as other legal purposes that we will notify you about.

We act as the data controller for processing this data based on our legitimate business interest in providing and improving our products and services. If you or your contact would prefer not to share this information, you can change your account’s security settings to opt out of data analytics projects, or your contact can opt out at any time by emailing us with the request.

10. Cookies and Tracking Technologies

We and our partners may use various technologies to collect and store information when you use our services, including cookies and similar tracking technologies such as pixels and web beacons. For example, we use web scripts and code snippets to track certain behaviors, such as whether an email sent through the services was delivered and opened, and whether links within the email were clicked; this also allows us to collect information such as recipients' IP address, browser, email client type and other similar details. We use this information to measure the performance of your email campaigns, to provide analytical insights and to improve the effectiveness of our services; reports are also available to us whenever we send you an email, so we may collect and review that information as well.

11. Members' Distribution List

Your Distribution List can be created through a CSV file or by entering contacts manually, and it is stored on a secure Opptima server. Under no circumstances will we sell your Distribution Lists. If someone on your Distribution List complains or contacts us, we may get in touch with that person. You can export (download) your Distribution Lists at any time. If we detect abusive or illegal behavior related to your Distribution List, we may share your Distribution List, or parts of it, with Internet service providers or anti-spam organizations to the extent permitted or required by applicable law. If a Contact chooses to use the 'Forward to a Friend' (FTF) link in an email campaign sent by a Member, it will allow the Contact to share the Member's email content with people who are not on the Member's Distribution Lists; when a Contact forwards and sends an email to a friend, we do not store the Contact's email address or their friend's email address, and no one is added to any Distribution List as a result of the FTF link. The Member who created the email campaign will not have access to the email addresses used to share or receive that forwarded content.

12. Your Data Protection Rights

You and your Contacts may have the following data protection rights:

Access, correct, update or request deletion of your personal information: we take reasonable steps to ensure the data we collect is reliable, accurate, complete and up to date. As a Member, you can manage many of these settings within the platform’s dashboard, or contact us directly; you can also manage information about your Contacts within that same dashboard to help respond to access, correction, update or deletion requests you receive from them.
Withdraw your consent at any time, where information is collected or processed on that basis — without affecting the lawfulness of any processing carried out before the withdrawal, or processing based on legal grounds other than consent. If you receive this kind of request from your Contacts, you can segment your list within the platform to make sure you only market to Contacts who have not opted out.
Complain to a data protection authority about the collection and use of your personal information; contact your local data protection authority for more information.

We respond to all requests we receive from individuals who wish to exercise their data protection rights in accordance with applicable law. We may ask you to verify your identity to help us respond efficiently. If we receive a request from one of your Contacts, we will direct them to reach out to you or, where applicable, we may respond directly.

13. Privacy of Contacts — Information We Collect

This section applies to the information we process about our Members’ Contacts as a data controller pursuant to our legitimate business interest. Our services are intended to be used by our Members, and for much of the personal information we collect and process about Contacts, we act as a processor on behalf of our Members; Opptima is not responsible for the privacy or security practices of our Members, which may differ from those set out in this policy — please check with individual Members about the policies they have in place. (In this section, ‘you’ and ‘your’ refer to Contacts.)

Information we receive about our Members’ Contacts: a Member may provide us with personal information about you through the services — for example, when a Member uploads their Distribution List, integrates the services with another website or service, or when you sign up to a Member’s Distribution List through a sign-up form — including your name, email address, address or phone number; you may have the opportunity to update this information through an email you receive from a Member.

Information we collect automatically: when you interact with an email campaign you receive from a Member, or browse or shop in a connected Member store, we collect information about your device (IP address, operating system, browser ID) and usage data (dates and times you access the emails, pages viewed, and metrics related to performance and deliverability). We use cookies and other tracking technologies for this, discussed in more detail in our Cookie Statement.

Information we collect from other sources: from time to time, we may obtain information about you from third-party sources, such as social media platforms and third-party data providers, taking steps to make sure such third parties are legally or contractually permitted to disclose that information to us; we provide this information to Members who have enabled the ‘Social Profiles’ feature on their Opptima account.

14. Privacy of Contacts — Use of Personal Information

We may use the personal information we collect or receive about you for our legitimate business interest, which includes:

Enforcing our Terms of Use and applicable law: which may include developing tools and algorithms that help us prevent violations.
Protecting the rights and safety of our Members and third parties, as well as our own: for example, reviewing the content of our Members’ email campaigns, including their Contacts’ information when necessary, to make sure they comply with our Terms of Use — which reduces spam sent through our servers and helps us maintain high deliverability.
Complying with legal requirements: such as court orders, valid discovery requests and subpoenas.
Providing information to representatives and advisors: such as lawyers and accountants.
Prosecuting and defending court, arbitration or similar legal proceedings.
Responding to lawful requests from public authorities, including national security or law enforcement requirements.
Providing, supporting and improving the services: which may include sharing your information with third parties to support the services provided to Members, always requiring those third parties to sign a contract obligating them to use it consistently with this policy and applicable privacy laws.
Our data analytics projects, which use data from Opptima accounts, including your personal information, to provide and improve the services — for example, we use the purchase history Members provide to us to enable product recommendations, audience segmentation and predicted demographic characteristics.
Other legitimate business purposes, as well as other legal purposes.

If you would prefer not to share this data, you can opt out of data analytics projects at any time by emailing us with the request.