Terms of Service
IF YOU REGISTER:
- Your data is owned by you. Additionally, Mailsoftly treats your data as if they were private, unless you made your emails publicly available. Mailsoftly does not sell or make available your emails to anyone and does not use the emails unrelated to you or our services. except in a limited set of circumstances (e.g. Mailsoftly is compelled by a subpoena, or if you’ve given us permission to do so).
- Mailsoftly safeguards users’ email addresses. Mailsoftly doesn’t sell or make available your contact lists and email addresses.
- Mailsoftly holds your data securely.
PRIVACY FOR USERS
- What information does Mailsoftly collect?
When you use Mailsoftly, we collect information relating to you and your use of our services from a variety of sources. These are listed below. The sections following describe how Mailsoftly uses this information.
Information we collect directly from you.
- Registration information. You need to register for a Mailsoftly account before you can use Mailsoftly Management. When you register for an account, we collect your username, password and email address.
- Billing information. If you make a payment to Mailsoftly, we require that you provide your billing details, including name, address, email address and financial information corresponding to your selected method of payment (e.g. a credit card number and expiration date or a bank account number). If you provide a billing address, we will regard that as the location of the account holder. Our integrations with 3rd party payment gateways are for processing only. Mailsoftly does not store or log any sensitive cardholder data provided by you. Mailsoftly follows industry standard best practices to protect security of cardholder data during processing and transmission. Mailsoftly is certified as a PCI DSS Level 1 Compliant Service Provider, the highest security attainment you can have as a business that collects payments from, and integrates with, credit cards. We perform annual audits to ensure our handling of your credit card information aligns with industry guidelines.
- Account settings. You can set various preferences and personal details on pages, such as your account settings page. For example, your default language, timezone and communication preferences (e.g. opting in or out of receiving marketing emails from Mailsoftly).
- User data. We store your user data for you.
- Other data you intentionally share. We may collect your personal information or data if you submit it to us in other contexts. For example, if you provide us with a testimonial, or participate in a Mailsoftly contest.
We don’t share or use your respondents’ email addresses. Mailsoftly will not contact your email contact list or individuals in your Address Book. Mailsoftly will not sell or make available these email addresses to any third parties.
Information Mailsoftly collects about you indirectly or passively when you interact with us.
- Usage data. Mailsoftly collects usage data about you whenever you interact with our services. This may include which web pages you visit, what you click on, when you performed those actions, and so on. Additionally, like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses, internet service providers, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system versions, and timestamps.
- Device data. Mailsoftly collects data from the device and application you use to access our services, such as your IP address, operating system version, device type, system and performance information, and browser type. We may also infer your geographic location based on your IP address.
- Referral data. If you arrive at a Mailsoftly website from an external source (such as a link on another website or in an email), Mailsoftly records information about the source that referred you to us.
- Information from third parties. Mailsoftly may collect your personal information or data from third parties, if you have given permission to those third parties to share your information.
- Information from page tags. Mailsoftly uses third party tracking services that employ cookies and page tags (also known as web beacons) to collect aggregated and anonymized data about visitors to our websites. This data includes usage and user statistics. Emails sent by Mailsoftly or by users through our services may include page tags that allow the sender to collect information about who opened those emails and clicked on links in them. We do this to allow the email sender to measure the performance of their email messaging and to learn how to improve email deliverability and open rates.
- How does Mailsoftly use the information we collect?
Mailsoftly treats your emails as information that is private to you. Mailsoftly knows that, in many cases, you want to keep your emails, contact lists, etc. (which we collectively refer to as “user data”) private. We do not sell or make available your email data to third parties without your permission.
- To provide you with our services.
- This includes providing you with customer support, which requires Mailsoftly to access your information to assist you, such as with email design and creation or technical troubleshooting.
- Certain features of our services use your account information in additional ways. Feature descriptions will clearly identify where this is the case.
- If you choose to link your Mailsoftly account with a third party account, such as your Google or Facebook account, Mailsoftly may use the information you allow us to collect from those third parties to provide you with additional features, services, and personalized content.
- In order to provide you with useful options to use the services together with social media and other applications, Mailsoftly may give you the option to export information to, and collect information from, third party applications and websites, including platforms such as Google and Twitter and social networking sites such as Facebook. When exporting and collecting such information, you may be disclosing your information to the individuals or organizations responsible for operating and maintaining such third party applications and sites, and your information may be accessible by others visiting or using those applications or sites. We do not own or operate the applications or websites that you connect with, and you should review the privacy policies and statements of such websites to ensure you are comfortable with the ways in which they use the information you share with them.
- To manage our services. Mailsoftly internally uses your information, including certain user data, for the following limited purposes:
- To monitor, maintain, and improve our services and features. Mailsoftly internally performs statistical and other analysis on information we collect, including usage data, device data, referral data, information from page tags, to analyze and measure user behavior and trends, to understand how people use our services, and to monitor, troubleshoot and improve our services, including to help us evaluate or devise new features. Mailsoftly may use your information for internal purposes designed to keep our services secure and operational, such as for troubleshooting and testing purposes, and for service improvement, marketing, research and development purposes.
- To prevent potentially illegal activities.
- To screen for and prevent undesirable or abusive activity. For example, Mailsoftly has automated systems that screen content for activities such as, phishing, spam, and fraud.
- To create new services, features or content. Mailsoftly may use your data for our internal purposes to create and provide new services, features or content. Regarding email data, Mailsoftly may look at statistics like open rates, click rates, number of recipients, interested and very interested rates for informational or marketing purposes. When Mailsoftly does this, neither individual email creators nor email receivers will be identified or identifiable unless we have obtained their permission.
- To facilitate account creation and the logon process. If you choose to link your Mailsoftly account to a third party account, such as your Google or Facebook account, we use the information you allowed Mailsoftly to collect from those third parties to facilitate the account creation and login process.
- To contact you about your service or account. Mailsoftly occasionally sends you communications of a transactional nature (e.g. service-related announcements, billing-related matters, changes to our services or policies, a welcome email when you first register). You are prevented from opt out of this type of communication since it is required to provide our services to you.
- To contact you for marketing purposes Mailsoftly will send you promotional emails only if you have consented to our contacting you for this purpose. For example, during the account registration process, Mailsoftly will ask for your permission to use your information to contact you for promotional purposes. You may opt out of these communications at any time by clicking on the “unsubscribe” link in them, or changing the relevant setting on your My Account page.
- To respond to legal requests and prevent harm. If Mailsoftly receives a subpoena or other legal request, we may need to inspect the data held to determine the appropriate response.
- With whom do we share or disclose your information?
Mailsoftly does not sell or make available your email data without your express permission,
When might Mailsoftly disclose your email data to third parties? Only for a limited number of reasons. Mailsoftly shares your information with our service providers who help us to provide our services to you. Mailsoftly has contracts with these service providers to keep your information confidential and to use it only for the purpose of providing their services. For example, Mailsoftly uses payment processors who help us to process credit card transactions. By using our services, you authorize Mailsoftly to sub-contract in this manner on your behalf. In rare circumstances, we may share information if required by law, or in a corporate restructuring or acquisition context (see below for more details).
Sharing your emails with the public.
We may disclose:
- Your email address to your organization. If the email address under which you’ve registered your account belongs to or is controlled by an organization, Mailsoftly may disclose that email address to that organization in order to help it understand who associated with that organization uses Mailsoftly and to assist the organization with its enterprise accounts. You are advised not to use a work email address for Mailsoftly services unless you are authorized to do so, and are therefore comfortable with this disclosure.
- Aggregated or de-identified (anonymized) information to third parties to improve or promote Mailsoftly services. No individuals can reasonably be identified or linked to any part of the information we share with third parties to improve or promote Mailsoftly services.
- Your information if required or permitted by law. Mailsoftly may disclose your information as required or permitted by law, or when Mailsoftly believes that disclosure is necessary to protect our rights, protect your safety or the safety of others, and/or to comply with a judicial proceeding, court order, subpoena, or other legal process served on us.
- Your information if there’s a change in business ownership or structure. If ownership of all or substantially all of Mailsoftly business changes, or Mailsoftly undertakes a corporate reorganization, including a merger, acquisition or consolidation or any other action or transfer between Mailsoftly entities, you expressly consent to Mailsoftly transferring your information to the new owner or successor entity so that we can continue providing our services. If required, Mailsoftly will notify the applicable data protection agency in each jurisdiction of such a transfer in accordance with the notification procedures under applicable data protection laws.
- Information you expressly consent to be shared. For example, Mailsoftly may expressly request your permission to provide your contact details to third parties for various purposes, including to allow those third parties to contact you for marketing purposes. You may later revoke your permission, but if you wish to stop receiving communications from a third party to which we provided your information with your permission, you will need to contact that third party directly.
- What are your rights to your information?
- Update your account details. You can update your registration and other account information on your My Account page. Information is updated immediately.
- Access and correct your personal information. As an account holder, you may access and correct certain personal information that Mailsoftly holds about you by visiting your My Account page. Some account holders and other individuals have certain legal rights to obtain information of whether we hold personal information about them, to access personal information we hold about them, and to obtain its correction, update, amendment or deletion in appropriate circumstances. For some information, these rights may be exercised through the My Account page mentioned above, and in all cases, requests to exercise these rights may be directed to our customer support team. These rights are subject to some exceptions, such as where giving you access would have an unreasonable impact on the privacy of other individuals. Mailsoftly will respond to your request to exercise these rights within a reasonable time and, where required by law or where we deem it otherwise appropriate and practicable to do so, we will honor your request.
- Download/backup your email data. Depending on what subscription plan you have, Mailsoftly provides you with the ability to export, share and publish your email data in a variety of formats. This allows you to create your own backups or conduct offline data analysis.
- Delete your email data. Deleting email data will not permanently delete email data immediately. As long as you maintain an account with Mailsoftly, we may retain your deleted data for a limited time but no longer than 30 days in the event you accidentally delete data and need to restore it (which you can request by contacting Customer Support). To the extent permitted by law, Mailsoftly will permanently delete your data if you request to cancel your account.
- Cancel your account. To cancel and delete your account, please contact Customer Support. Deleting your account will cause all the email data in the account to be permanently deleted from our systems within a reasonable time period, as permitted by law, and will disable your access to any other services that require a Mailsoftly account. Mailsoftly will respond to any such request, and any appropriate request to access, correct, update or delete your personal information within the time period specified by law, if applicable, or without excessive delay. Mailsoftly will promptly fulfill requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law, in which case Mailsoftly will block access to such data, if required by law.
For how long does Mailsoftly retain your data? We generally retain your data for as long as you have an account with Mailsoftly, or to comply with our legal obligations, resolve disputes, or enforce our agreements. Data that is deleted from our servers may remain as residual copies on offsite backup media for up to approximately one month afterward.
Email data deleted from within the account
You can delete emails and data from within your account at any time. email data that you delete from your account will be rendered inaccessible, but not permanently deleted, as permitted by law. Mailsoftly retains your data to allow you to restore data that has been deleted accidentally.
Mailsoftly will eventually permanently purge old, deleted data to reclaim storage space, so it cannot be guaranteed that Mailsoftly will be able to restore deleted data. The more recent the deletion, the more likely it will be able to be restored. Once deleted from your account, the data will be fully purged from our system within 30 days.
Mailsoftly generally does not use deleted email data for any purpose other than to give you the opportunity to restore it. Sometimes Mailsoftly may retain deleted data to comply with legal obligations, resolve disputes, or enforce our agreements. In these cases, Mailsoftly ensures that access to such data is blocked except for the purposes for which Mailsoftly has been required to retain the information.
Account deleted from within the account
You can request to delete your account and email data associated with it at any time. After you initiate the deletion of your account, the account is disabled immediately, but the account and email data will be held in our database for 30 days until our next regularly scheduled deletion cycle, at which point it will be permanently deleted. You can contact Mailsoftly within that time frame to request the account be restored. After the account is permanently deleted, Mailsoftly won’t be able to restore it or the email data it contained.
User account in a team deleted by an Administrator
The Primary Admin or Admin of a team can delete a user account from a team at any time. This disables the user account immediately, but its email data will be held in a Mailsoftly database for 30 days before being deleted. The Primary Admin can contact Mailsoftly within this 30-day time frame to request the account be restored.
- Security, cookies and other important information
- Security. Mailsoftly is committed to handling your personal information and data with integrity and care. However, regardless of the security protections and precautions undertaken, there is always a risk that your personal data may be viewed and used by unauthorized third parties as a result of collecting and transmitting your data through the Internet. If you have any questions about the security of your personal information, contact customer support.
- Data locations. Mailsoftly. servers are based in the United States, so your personal information will be hosted and processed by Mailsoftly in the United States. Your personal information may also be processed in, or transferred or disclosed to, countries in which Mailsoftly subsidiaries and offices are located and in which our service providers are located or have servers.
- To make the Mailsoftly website easier to use.If you use the “Remember me” feature when you sign into your account, Mailsoftly may store your username in a cookie to make it quicker for you to sign in whenever you return to Mailsoftly
- To advertise to you. Mailsoftly, or our service providers and other third parties we work with, may place cookies when you visit our website and other websites or when you open emails that are sent to you, in order to provide you with more tailored marketing content (about our services or other services), and to evaluate whether this content is useful or effective. For instance, Mailsoftly may evaluate which advertisements are clicked on most often, and whether those clicks lead users to make better use of our tools, features and services. If you don’t want to receive advertisements that are tailored to you based on your anonymous online activity, you may “opt out” of many of the companies that are involved in such tailoring by going to https://www.aboutads.info. Opting out in this way does not mean you will not receive any advertisements; it just means that you will not receive advertisements from such companies that have been tailored to you based on your activities and inferred preferences.
- Google Analytics. In addition to the above, Mailsoftly has implemented on our websites and other services certain Google Analytics features that support Display Advertising, including re-targeting. Visitors to our websites may opt out of certain types of Google Analytics tracking, customize the Google Display Network ads by using the Google Ad Preferences Manager and learn more about how Google serves advertisements by viewing its Customer Ads Help Center. If you do not wish to participate in Google Analytics, you may also download the Google Analytics opt-out browser add-on.
- Online Tracking. Mailsoftly currently does not process or comply with any web browser’s “do not track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit our websites or use our services, unless otherwise stated in a service-specific privacy statement.
- Safety of Children and COPPA. Mailsoftly services are not intended for and may not permissibly be used by individuals under the age of 13. Mailsoftly does not knowingly collect personal data from persons under 13 or allow them to register. If it comes to our attention that Mailsoftly has collected personal data from such a person, Mailsoftly may delete this information without notice. If you have reason to believe that this has occurred, please contact Customer Support.
- Additional information for European Union users
For users located in the EU, references to “personal information” in this policy are equivalent to what is commonly referred to as “personal data” in the EU.
- Accessing and correcting your personal data. You have the right to access and correct the personal information that Mailsoftly holds about you. This right may be exercised by visiting your account’s My Account page or by contacting Customer Support.
- Your responsibilities. By using Mailsoftly services, you agree to comply with adequate data protection requirements when collecting and using your email data, such as requirements to inform respondents about the specific uses and disclosures of their data.
- Mailsoftly is in compliance with what was known as the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework, which was set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland.
- However, in early Oct 2015, the Safe Harbor framework was nullified by the highest court in Europe, which meant EU users no longer had a legal safeguard guiding how their data was handled by US companies. In response to this, Mailsoftly offers its EU users the opportunity to store their data exclusively in Europe. This ensures EU users can retain their data in their own jurisdiction, which follows their specific data privacy requirements.
- Mailsoftly servers are based in the United States, so your personal data will be primarily processed by Mailsoftly in the United States. You consent to the transfer and processing of your personal data in the United States by Mailsoftly and in the data locations identified in Section 5 by our various affiliates and service providers.
- You consent and agree that Mailsoftly may transfer your data to data processors located in countries, including the United States, which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area. Your consent is voluntary, and you may revoke your consent by opting out at any time. Please note that if you opt-out, we may no longer be able to provide you our services.
- You consent to Mailsoftly sharing your personal data with relevant persons working for service providers who assist us to provide our services.
Some Essential Notices