Privacy and Cookie Policy for Marketing Content Sharing Platform Seismic LiveSend (“Website”)

Protecting your personal data is very important to Apex. The following Privacy and Cookie Policy explains how Apex processes your personal data and describes your related rights.

Apex is using this Website to make marketing content available to you. Seismic hosts the website and Apex is responsible for the content on it. Apex and Seismic will collect your personal data such as email addresses and some web page navigation information to tailor the marketing content messages. Please read carefully below how your information may be used.


Data Controller

This Policy describes how Apex collects, processes, discloses and transfers your personal data and describes your related rights.


You may use this Website to access marketing content sent by Apex’s employees as part of your and your company’s business relationship with Apex.


Categories of Personal Data Processed, Purpose of the Processing and Legal Basis
In using this Website, the following categories of personal data will be processed:

  • personal data as provided during your relationship with Apex, e.g. your email address;
  • information collected during a viewing session (such as information about the start and duration of a session, the time spent on each page of the shared marketing content, your operating system and web browser);
  • in the case of selecting the “Only functional cookies” option, only the cookies necessary to remember the privacy settings are required. Functional cookies do not store your personal information and do not share your activity with the sender of this content.

As a result of your use of this Website and selecting the “All tracking and cookies” option, Apex may process your personal data for the following purposes:

  • To be able to share marketing content with you;
  • To improve your experience while interacting with Apex;
  • To help us understand how marketing content resonated with you and create more relevant content in the future;
  • To ensure compliance with our Terms of Use;
  • To exercise or defend ourselves against legal claims;
  • To prevent and counter fraudulent and similar actions, including attacks on our IT infrastructure.

Apex will comply with all applicable privacy laws and regulations.


Links to Other Websites

This Privacy and Cookie Policy does not apply to websites or applications of third parties. Links to third-party websites or applications are marked as such. Apex is not responsible for the collection, processing and use of your data within the context of websites or applications that are not operated by Apex, nor is Apex responsible for the content of these websites and applications.


Transfer of Personal Data and Recipients

The Website is hosted for Apex by Seismic Software, Inc., USA.


Our employees have access to and process personal data upon a “need to know” basis in order to do their job. We regularly check who has access to our systems and data.


We may also share your personal data with the following categories of third parties:

  • our service providers and agents e.g. IT companies who support our technology, where for example we process personal data (such as within our email system) with Microsoft`s Azure and Office 365; and
  • our professional advisers such as auditors and legal advisers.

We do not sell personal data.


Jurisdiction and cross-border transfer

Personal Data may be stored and processed in any country where we have affiliates or in which we engage third party service providers. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access Personal Data. The disclosure of personal information to these affiliates and third party service providers may involve the transfer of data to the USA and other jurisdictions outside the European Economic Area (“EEA”). Such countries may not have the same data protection laws as your jurisdiction. Apex have put in place the standard contractual clauses approved by the European Union Commission for such transfers of personal data.


Retention Period

We will retain Personal Data for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include: (i) the length of time for which we have an ongoing relationship with our client and provide services to them; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position.


Your Rights

We recognise that you may have rights with regard to our processing of your data. While the nature and extent of these rights will differ from location to location, we have processes in place that allow us to respond in a timely manner to any valid request to:

  • access your personal information;
  • amend and rectify any inaccuracies in your personal information;
  • restrict the use of your personal information;
  • request that your personal information is erased;
  • object to the processing of your personal information; and
  • “port” your data. In some circumstances you can ask us to send an electronic copy of the personal information you have provided to us, either to you or to another organisation.

If you would like to request to review, correct, amend, restrict or delete personal data that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Data for the purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us using the following email address: [email protected].


If you are unhappy with how we process your personal data, you may have the right to complain to a data protection regulator or supervisory authority. We encourage you to contact us in the first instance so we can address your concerns.


Contact Us

If you have questions about this topic or anything set out in this notice (including if you wish to ask us to remove you from marketing communications), please contact us using the following email address: [email protected]. We will respond with your requests in a timely manner and in compliance with relevant legal or regulatory requirements.


Cookies and Similar Technologies

This Website uses cookies and similar technologies to provide its services. A cookie is a small text file that is downloaded onto ‘terminal equipment’ e.g. a computer or smartphone when you access a website. It allows the website to recognize your device and store some information about your preferences or past actions.


If you do not want to receive a cookie from this Website, you have the option of setting your browser to notify you when you receive a cookie, so that you may determine whether to accept it or not. However, please be aware that if you do turn off ‘cookies’ in your browser, you will not be able to fully experience some of this Website. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work. We strongly recommend that you leave cookies active, because they enable you to take advantage of all of the features of this Website. You are able to select your own privacy settings and opt to use “Only functional cookies”, these cookies are necessary to remember your privacy setting but do not store your personal information or share your activity with Apex.


This Website is hosted by Seismic Software, Inc., USA, for Apex. We use this external service provider to assist with, for example, information technology and other administrative support services to operate this Website.


This Website uses the following types of cookies and similar technologies: Essential cookies and JavaScript.


Essential Cookies

These are cookies that are required to provide you with features of services that you have requested. Disabling these cookies will encumber the Website’s services performance and may make certain features and services unavailable. The following essential cookies are used:

  • Consent cookie: Indicates that you clicked on cookie banner acknowledgment.
  • Password cookie(s): Stores the content password typed in by you viewing the content on the Website. There is an additional cookie used only on Internet Explorer due to a bug caused by the Internet Explorer.
  • Compliance password cookie: This Website also uses a cookie which stores the compliance password typed in by Apex’s Compliance personnel to view expired content using the Website’s (i.e., LiveSend’s) original link. Currently, this function is not used by Apex.
  • Unique interaction proof cookie: Indicates that a user has completed an action within the Website. This cookie is used to differentiate the actions of a person from those of an automated process (robot).

All essential cookies listed above are persistent cookies. In contrast to session cookies, these cookies are stored on your device for a period of time after you leave this Website but can be deleted any time when clearing your browsing data.



When using JavaScript information during a viewing session, such as information about the start and duration of a session, the time spent on each page of the shared marketing content, your operating system and web browser, this information is collected.


In case of opting for “Only functional cookies”, no information during a viewing session is collected.



Apex may change this Data Protection Notice from time to time at its discretion.