MailerSend is a corporation whose legal name is MailerSend, Inc. (228 Park Ave S, PMB 54955, New York, New York 10003-1502, US, “MailerSend”). MailerSend provides cloud-based transactional email services ("Services").
To the extent EU data protection law applied to our Processing of information about Customers, we act as the Controller. To the extent EU data protection law applies to our processing of Customer’s Data Subjects data, the Customer serves as the Controller and we serve as the Processor.
1.1. "Controller" means an entity that determines the purposes and means of the Processing of Personal Data.
1.2. "Customer" means a person or entity that is registered with MailerSend to use the Services.
1.3. "Data Subject" means a natural person whose Personal Data MailerSend is processing.
1.4. "Data Protection Laws" means all data protection and privacy laws and regulations of the EU, EEA, and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data.
1.5. "GDPR" means the Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
1.6. "Personal Data" means any information relating to an identified or identifiable natural person.
1.7. "Processing" means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction. "Process", "Processes" and "Processed" shall be interpreted accordingly.
1.8. "Processor" means a natural or legal person, public authority, agency, or any other body which Processes Personal Data on behalf of the Controller.
1.10. “We”, “us”, and “our” refer to MailerSend.
1.11. "You," "your," and "yours" refer to the user.
3. What information we Process
3.1. MailerSend collects both “Personal Data” and “Non-Personal Data” about you and will Process this data for the duration of the Services, as described in the TOU:
3.1.1. Personal Data:
Customers information: identification and contact data (legal name, contact details (email), name of the representative); billing information (credit card details, PayPal account details, payment information); organization information (name, address, geographic location, area of responsibility, VAT code, registration code), IT information (IP addresses, usage data, cookies data, online navigation data, location data, browser data); and
Data Subject information: email address, IP, location data, device data, and any other information which Customer will provide to us.
At any time, you may log in and change this information, or remove it. You may decline to provide Personal Data to the Services, however, some of the Personal Data we ask you to provide, for example, an email address, is mandatory for a Service. If you decline to provide it, we may not be able to provide that service to you.
3.1.2. Non-Personal Data:
Browser and device information: location, device type, model, number, type of browser or operating system, the time and date of access, browsing activity, screen resolution, plug-ins, add-ons and the version of the Services you are using, and other information that does not personally identify you; and
Information from your use of the Services and information from other sources: we may receive information about how and when you use the Services, store it in log files, or other types of files associated with your account and link it to other information we collect about you. Also, we may obtain information about you or your Data Subjects from third party sources, such as public databases, social media platforms, third-party data providers, and our joint marketing partners. This information may include, for example, time, date, browser used, demographic information, device information (such as device type, model, number, type of browser or operating system, IP addresses), location and online behavioral data (such as information about your use of social media websites, page view information and search results and links), actions you have taken, anonymous usage data, referring/exit pages and URLs, preferences you submit and preferences that are generated based on the data you submit and the number of clicks.
4. Purposes of collecting and Processing Personal Data
4.1. MailerSend uses collected information for the operation of the Services, to maintain the quality of the Service, to provide general statistics regarding use of the Service, to promote and analyze the Services, to provide customer support and send information about the Services, to protect the rights and safety of Customers, Data Subjects, third-parties and our own, to send customized informational or promotional content and provide suggestions according to marketing preferences, to ensure observance of our TOU and meet the legal requirements, to verify identity and provided information, manage payments, to understand demographics, Customer interests and needs, and other trends among users, and for other business purposes.
5. How we collect your information
5.1. Data provided by our Customers: Customers may import into the Services Personal Data they have collected from their Data Subjects or other individuals. We have no direct relationship with Customers’ Data Subjects or any individuals other than our Customers. Our Processing of Personal Data is based on the Data Subject freely given consent and Customers are responsible for making sure they have the necessary permissions for us to Process Personal Data about Data Subjects or other individuals.
5.2. Tracking technologies: in connection with the performance of the Services, MailerSend uses:
Web beacons: we include single-pixel GIFs (web beacons) in emails we send, which allow us to collect information about when you open the email and your IP address, your browser or email client type, and other similar details. We use the data from those web beacons to create reports about how your email campaign performed and what actions your Data Subjects took, to capture the time spent on the Services, pages visited and email campaign performance; and
Unique identifiers and similar tracking technologies: we may use other tracking technologies to administer the Services, track your movements around the Services, analyze trends, track behavior, serve targeted advertisements and gather demographic information, to measure the performance of our email campaigns and to improve our features for specific segments of Customers.
5.3. Log Data monitoring: we may collect log data whenever you access our tool. This data could include things like an IP address, browser type and version, the pages you visit on MailerSend, and other user statistics. When you access MailerSend with a mobile device, log data may include the type of device, your mobile unique ID, the IP address of your device, mobile operating system, and other mobile statistics.
5.5. Based on the requirements of the California Online Privacy Protection Act, MailerSend declares that it does not correspond to Do Not Track browser signals.
6. Transferring to third-party companies
6.2. We may disclose Non-Personal Data for any purpose because this information cannot be used to identify you or another person.
7. Email communications and opting out
7.1. From time to time you may receive emails from us related to your use of MailerSend. Based on the Personal Data that you provide us, we may communicate with you in response to your inquiries to provide the Services you request and to manage your account. We may also use your Personal Data to send you updates and other promotional communications. Every email will contain a link to be able to opt-out of receiving it. We may still send important messages regarding administrative matters, updates, disputes, and customer service issues that are required to provide the Services.
7.2. If a Data Subject no longer wants to be contacted by one of our Customers, he should unsubscribe directly from that Customer’s newsletter or contact the Customer directly to update or delete the data. If a Data Subject contacts us, we will refer him to that Customer. We will retain personal information we Process on behalf of our Customers only for as long as needed to provide our Services or to comply with our obligations.
8. Safety of your information
8.1. MailerSend takes reasonable precautions, technical and organizational security measures to ensure a level of security appropriate to the risk, follows industry best practices in order to protect your Personal Data from any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Personal Data and to preserve the security and confidentiality of the data. However, these measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.
8.2. The Customer is responsible for reviewing the information made available by MailerSend relating to its data security and making an independent determination as to whether the Services meet Customer’s requirements and legal obligations under Data Protection Laws. Also, the Customer is responsible for its secure use of the Services, including securing its account authentication credentials, protecting the security of Personal Data when in transit to and from the Services, and taking any appropriate steps to securely encrypt or backup any Personal Data uploaded to the Services.
9. Protecting Data Subject’s lists and data
9.1. We reserve the right to monitor your lists, content and response data from time to time to make sure they comply with our TOU, we will never share, sell or rent your data to anyone for any reason.
9.2. Our data storage centers are in the European Union and have an information storage security certificate (ISO 27001) as well as a certificate of IT service management (ISO 20000) so you can rest assured that your Data Subject’s data is safe with us.
10. Links to other websites
11. Data Processing Agreement
11.1. We created our Data Processing Agreement to cover the GDPR requirements as they relate to cloud-based transactional email software services and we encourage all our Customers to review it and agree with the terms of the Data Processing Agreement.
12. Age of consent
12.1. By using the Service, you represent that you are at least 18 years of age.
13. California Consumer Privacy Act
13.1. According to The California Consumer Privacy Act (“CCPA”) residents of California, United States have specific rights regarding their Personal Data. California consumers have the right to 1) request that businesses disclose information about their collection and use of Personal Data over the past year; 2) ask such businesses to delete Personal Data; 3) opt-out of the sale of their Personal Data; and (iv) non-discrimination for exercising their CCPA rights.
13.2. MailerSend in terms of CCPA acts as a service provider and processes Personal Data on the Clients behalf. Please direct any requests for access or deletion of your Personal Data to our Clients with whom you have a direct relationship.
14. Merger or acquisition
15. MailerSend as a Controller
15.1. MailerSend acts as a Controller of Personal Data of the Customer, its employees, contractors, candidates, affiliates, and other third parties that are not considered as a Customer. MailerSend undertakes to comply with legal requirements when processing Personal Data as a Controller and implements appropriate technical and organizational measures to ensure a level of security of Personal Data as required under GDPR and applicable Data Protection Laws.
17. Contacting MailerSend
17.1. Please contact us at any time via email at email@example.com if you:
Would like to request access to the information we hold about you (we will give it to you within 30 days of any request for that information), correct, modify, delete or update Personal Data that you have provided to us; or