Effective: 1st August 2022
When we refer to “Personal Data”, we mean any information about an individual (“Data Subject”) from which that person may be identified, that is protected by the data protection laws of the United Kingdom, the European Economic Area and other jurisdictions. It does not include any data or information from which any Data Subject’s identity has been removed.
The Policy relates to the overall agreement with each of Mailosaur’s customers (“Customer”) that governs delivery, access, and use of the Services (the “Terms of Service”), including the processing of any messages, files or other content submitted through Services accounts (collectively, “Customer Content”). Our Customer (who may be you, your employer, or another entity or person) that entered into the Terms of Service controls their access to the Services (their “Account”) and the use of any associated Customer Content. If you have any questions about specific Account settings and privacy practices, please contact the Customer whose Account you use.
Information We Collect And Receive
Mailosaur may collect and receive Customer Content and other information and data (“Other Information”) in a variety of ways:
- Customer Content. Customers or individuals granted access to an Account by a Customer (“Authorized Users”) routinely submit Customer Content to Mailosaur when using the Services (e.g., electronic mail and SMS content for testing).
- Other Information. Mailosaur also collects, generates and/or receives Other Information:
- Account Information. To create or update an Account, you or your Customer (e.g., your employer) supply Mailosaur with an email address, password, and/or similar account details. In addition, Customers that purchase a paid version of the Services provide Mailosaur (or its payment processors) with billing details such as credit card information, banking information and/or a billing address.
- Usage Information.
- Services Metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users work. For example, Mailosaur logs the Accounts, servers, users, features, content and links you interact with.
- Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data.
- Device information. Mailosaur collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.
- Location information. We receive information from you, your Customer and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. Mailosaur may also collect location information from devices in accordance with the consent process provided by your device.
- Third Party Services. Customer may choose to permit or restrict Third Party Services for their Account. Typically, Third Party Services are software that integrate with our Services, and a Customer can permit its Authorized Users to enable and disable these integrations for their Account. Once enabled, the provider of a Third Party Service may share certain information with Mailosaur. For example, if a Customer chooses to use Google authentication to register for our Services, we may receive user name and email address of Authorized Users, along with additional information that the application has elected to make available to Mailosaur to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to Mailosaur. When a Third Party Service is enabled, Mailosaur is authorized to connect and access Other Information made available to Mailosaur in accordance with our agreement with the Third Party Provider. We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services.
- Additional Information Provided to Mailosaur. We receive Other Information when submitted to our Websites or if you participate in a survey, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with Mailosaur.
Generally, no one is under a statutory or contractual obligation to provide any Customer Content or Other Information (collectively, “Information”) and no Data Subject is obliged by Mailosaur to supply any Personal Data unless he/she is subject to any obligation to do so by virtue of its relationship with any Customer. However, certain Information is collected automatically and, if some Information, such as Account setup details, is not provided, we may be unable to provide the Services.
How We Use Information
Customer Content will be used by Mailosaur in accordance with Customer instructions, including any applicable terms in the Terms of Service and the Customer’s use of Services functionality, and as required by applicable law. However, Mailosaur is a processor of Personal Data and the Customer is the controller. Customer may, for example, use the Services to grant and remove access to an Account, assign roles and configure settings, access, modify, export, share and remove Customer Content and otherwise apply its policies to the Services.
Mailosaur uses Personal Data, which we may process on the basis of our Legitimate Interests in operating our Services, Websites and business, or on the basis of you having given your informed consent for us to do so (such as for direct marketing purposes). “Legitimate Interests” means the interest of our business in providing its Services to give our Customers the best and most secure experience. We ensure that we consider and balance any potential impact on Data Subjects whose Personal Data forms part of the Customer Content (both positive and negative) and the rights of Data Subjects before we process such Personal Data for our Legitimate Interests. We avoid using your Personal Data for activities where our interests are overridden by the impact on you, unless we have your consent or if we are otherwise permitted by law. You can obtain further information about how Mailosaur assesses its Legitimate Interests against any potential impacts on Data Subjects by contacting us at firstname.lastname@example.org.
More specifically, Mailosaur uses Other Information:
- To provide, update, maintain and protect our Services, Websites and business. This includes use of Other Information to support delivery of the Services under a Terms of Service, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at an Authorized User’s request.
- As required by applicable law, legal process or regulation.
- To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Other Information to respond.
- To develop and provide tools and additional features. Mailosaur tries to make the Services as useful as possible for specific Accounts and Authorized Users. For example, we may make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Services experience or create new features and products.
- To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about Mailosaur. These are marketing messages so you can control whether you receive them.
- For billing, account management and other administrative matters. Mailosaur may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.
- To investigate and help prevent security issues and abuse.
If Information is aggregated, anonymised or de-identified so it is no longer capable of being reasonably associated with an identified or identifiable natural person or constitutes Customer Content, Mailosaur may use it for any business purpose.
How We Share And Disclose Information
This section describes how Mailosaur may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and Mailosaur does not control how they or any other third parties choose to share or disclose Information.
- Customer’s Instructions. Mailosaur will solely share and disclose Customer Content in accordance with a Customer’s instructions, including any applicable terms in the Terms of Service and Customer’s use of Services functionality, and in compliance with applicable law and legal process.
- Displaying the Services. When an Authorized User submits Other Information, it may be displayed to other Authorized Users in the same or connected Accounts. For example, an Authorized User’s email address may be displayed with their Account profile.
- Customer Access. Owners, administrators, Authorized Users and other Customer representatives and personnel may be able to access, modify or restrict access to Other Information. This may include, for example, your employer using Service features to export logs of Account activity, or accessing or modifying your profile details.
- Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services. Additional information about the sub-processors we use to support delivery of our Services is set forth at Mailosaur Sub-Processors.
- Corporate Affiliates. Mailosaur may share Other Information with its corporate affiliates, parents and/or subsidiaries.
- During a Change to Mailosaur’s Business. If Mailosaur engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Mailosaur’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.
- Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective Mailosaur customer the average amount of time spent within a typical Account.
- To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process. Please see the Data Request Policy to understand how Mailosaur responds to requests to disclose data from government agencies and other sources.
- To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of Mailosaur or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues. With Consent, Mailosaur may share Other Information with third parties when we have consent to do so.
Mailosaur takes security of data very seriously. Mailosaur works hard to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process and store, and the current state of technology. To learn more about current practices and policies regarding security and confidentiality of the Services, please see our Security Practices. Given the nature of communications and information processing technology, Mailosaur cannot guarantee that Information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others.
To the extent prohibited by applicable law, Mailosaur does not allow use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will takes steps to delete such information.
International Data Transfers
Mailosaur may transfer your Personal Data from the United Kingdom or the European Economic Area to countries other than the one in which you live. In order to ensure adequate protection for your data, we will only ever use partners and suppliers in jurisdictions that have been determined to have “adequate” data protection regimes: this includes all European Economic Area countries, the United Kingdom, and Switzerland. With respect to other jurisdictions, Mailosaur will not transfer any Personal Data unless such jurisdiction ensures that there are adequate safeguards which shall include contracts between Mailosaur and the data recipient which contain standard contractual clauses approved under UK and/or EEA data protection legislation.
Data Protection Officer
To communicate with our Data Protection Officer, please email email@example.com.
Identifying The Data Controller And Processor
Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Content. In general, Mailosaur is the processor of Customer Content and the controller of Other Information. Mailosaur Ltd, is a company registered in England & Wales (#07999725) and is the controller of Other Information and a processor of Customer Content relating to Authorized Users who use Accounts established for Customers.
Individuals located in certain jurisdictions, including the United Kingdom, the European Economic Area, and Switzerland, have certain statutory rights in relation to Personal Data . Subject to any exemptions provided by law, Data Subjects may have the right to request access to Information, as well as to seek to update, delete or correct this Information. You can usually do this using the settings and tools provided in the Services account. If you cannot use the settings and tools, contact us for additional access and assistance.
To the extent that Mailosaur’s processing of your Personal Data is subject to the UK General Data Protection Regulation (GDPR), Mailosaur relies on its Legitimate Interests, described above, to process your Personal Data. Mailosaur may also process Other Information that constitutes your Personal Data for direct marketing purposes on the basis of having been given your informed consent to do so, and you have a right to object to Mailosaur’s use of your Personal Data for this purpose at any time.
Data Protection Authority
Subject to applicable law, you also have the right to (i) restrict Mailosaur’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority or the Information Commissioner’s Office, which is Mailosaur’s lead supervisory authority in the European Union. If you are a resident of the European Economic Area and believe we maintain your Personal Data within the scope of the General Data Protection Regulation (GDPR), you may direct questions or complaints to our lead supervisory authority:
UK Information Commissioner’s Office
Cheshire SK9 5AF
Phone: 0303 123 1113
Fax: 01625 524 510
Mailosaur Ltd is registered with the Information Commissioner’s Office with registration number Z3554772.