details of the personal information that we may collect from you;
information about how we use your personal information;
information about the limited way we share your information with our partners;
information about how we store your information; and
information about your rights.
Please read this policy carefully to understand our views and practices regarding your personal data and how we will treat it.
Who is this policy addressed to?
For the purpose of data protection legislation including the General Data Protection Regulation ('GDPR'), the data controller of your personal data is Omega 23 Ltd. of Georgi Benkovski str. 14, Sofia, Bulgaria.
When we refer in this policy to 'you', we are referring to a customer of our services, or a person visiting our website. We are not referring to a person receiving an email sent by a customer using our service, or a person on a mailing list maintained by one of our customers. We refer to those people in this policy as 'Subscriber'. We do not have any relationship with Subscribers, and process information relating to them solely for the purposes of providing our service to our customers.
When we refer to a 'Subscribers list' in this policy, we are referring to details of Subscribers (including their email addresses) processed by us on your behalf to provide you with our MailGen service.
If you are a Subscriber and wish to cease receiving emails from one of our customers, please unsubscribe directly using the unsubscribe link in the customer's email, or contact the customer directly.
Information we may collect from you
We may collect and process the following data about you:
Information that you provide to us. You may give us your information by filling in forms on our website or by corresponding with us by email, live chat, phone or otherwise. This includes information you provide when you register to use our service, respond to any surveys that we send to you to complete, and when you contact us for any reason. When you register for our service we will ask for a range of information we need to collect in order to set up your account and engage one or more of our upstream email service providers to handle your emails. If you contact us, we may keep a record of any information contained in the correspondence.
Your IP address. This information is used for fraud and abuse detection.
Data for the purposes of advertising and targeting – see the 'Advertising and targeting' section below.
How we use your personal information
We use information held about you for the following purposes:
to provide you with information or services that you request from us, including responding to any requests for assistance with the service
to send you newsletters about our service and notify you about any changes to the service
to carry out our obligations arising from any contracts entered into between you and us
to administer our site and for internal operations, including troubleshooting
to help optimise and develop our service, for example through statistical analysis and research on your use of our service
as part of our efforts to keep our website safe and secure and to monitor actual or suspected fraudulent activity
to determine your regional location for the purposes of recommending a billing currency
to carry out targeted advertising (see the 'Advertising and targeting' section below)
Advertising and targeting
Your subscriber lists
Your subscriber lists are stored on secure servers. They will also be available to our email service providers ("ESPs"). ESPs will only have access to your lists when you are sending an email. Once the email is sent, the ESPs no longer have access to your subscribers list. Our ESPs are Mailgun, SendGrid, Sparkpost and Elastic Email. We don't, under any circumstances, sell or share your contact lists with anyone else. If someone on your subscriber list complains or contacts us, only then will we respond to that person. Only you, our authorised employees, and our ESPs have access to view your subscriber lists.
We may also monitor those events for the purposes of administering our service (including checking for any abuse of our service) and research on patterns and trends in the use of our service. We will never use any Subscriber data for the purposes of that administration or generating that research. It will always be conducted on an aggregated and anonymised dataset, which does not identify any individual Subscriber.
You may export (download) your subscriber lists from MailGen at any time. We'll only ever use and disclose the information in your Subscriber lists for the reasons listed in this section or in the section entitled 'How we use your personal information' above.
We will never use or disclose the information in your subscriber lists to send our own informational and promotional content. If we detect abusive or illegal behaviour related to your subscriber list, we may share your subscriber list or portions of it with affected internet service providers (“ISPs") or anti-spam organisations. We may also be required to disclose it to law enforcement or regulatory bodies. We will only do so if legally required.
We may conduct analysis on your use of the service and the results generated by your emails sent by means of the service. This analysis is conducted solely on an aggregated and anonymised basis.
Cookies and tracking technologies
Where we store your personal data
All information you provide to us is stored on our secure servers. Any payment transactions will be carried out by Stripe over encrypted connections using SSL technology (see the 'Payment Information' section above). Where we have given you (or where you have chosen) a password or API key which enables you to access certain parts of our site, or you have invited team members to access parts of our site, you are responsible for keeping this password or API key confidential.
We take security very seriously, and 'privacy by design' is baked into our engineering and product development principles but, as with any online service, despite our use of leading security tools and techniques, the personal data we hold about you can never be 100% immune from unauthorised access.
Disclosure of your information
We may disclose your personal information to any company under the same ownership as us.
We may disclose your personal information to selected third parties, including:
In the event that we sell or buy any business or assets, the prospective seller or buyer of such business or asset
If MailGen or substantially all of its assets are acquired by a third party, to the relevant third party
Business parties and subcontractors for the purposes of providing the MailGen services
When you verify your domain for the purposes of receiving the services, our ESPs will see your email address, phone number, street address, domain, and account ID. When an email is sent using an ESPs service, the ESP will see the 'from' name and address, the subject, the body of the email, and the destination email addresses. When an email recipient opens an email you have sent or clicks a link in the email, the ESP will see the IP address of the recipient (from which may be inferred a notional latitude and longitude associated with that IP address). For a detailed list of which ESPs have access to which information, please contact us.
Analytics providers that assist us in the improvement and optimisation of our website
Law enforcement agencies or regulatory bodies; or other third parties for fraud detection and prevention. We will only do this is if we are legally required to do so.
You can additionally integrate your MailGen account with third party apps, websites or other services with whom you have your own account independent of MailGen. If you do decide to connect your account with that third party to MailGen, the third party you integrate will as a result receive your Subscriber lists, information about your use of our services, and access to any other personal data you make available to them. All third parties you integrate in this way are your own data processors – they are not sub-contractors or sub-processors of MailGen. Information collected by these third parties is subject to their own terms and privacy policies.
Retention of your personal information
The periods for which we keep your information depend on why your information was collected and what we use it for. We will not keep your personal information for longer than necessary for our business purposes or for legal requirements.
For your convenience we will keep your account open (and therefore retain your data so that it is available to you) for up to 13 months after your last sign in or use of our service. Prior to closing your account and deleting your data, we will attempt to send warning emails to your account email address so that you have an opportunity to keep your account open or back up any data that you need. We may contact you about our services during this time, unless you have asked us not to contact you.
At any point you may delete your account and the data you have provided via the Dashboard. Copies of your data may remain for up to 90 days in backup storage, which we use to recover from an unexpected event that results in data loss. We may also keep limited information for up to 6 years for compliance and accounting purposes and to enforce or defend any legal claims in respect of our terms of service.
Legal basis for processing
We are required to state the legal basis on which we undertake processing of your personal information. We will only use your information where:
We have your consent to do so
We need to process the personal information to perform services for you under our terms and conditions of service.
We have a legitimate interest in engaging in the provision of our MailGen service and in offering products and services of value to you. Please contact us if you would like to learn more about our assessment of our legitimate interests in processing data.
We are processing the data to meet a legal requirement.
Any consent you provide may be withdrawn at any time by emailing us.
You have the right to request access to personal data that we may process about you.
You have the right to require us to correct any inaccuracies in your data, free of charge. If you wish to exercise this right, you should:
Put your request in an email to us
Provide us with enough information to identify you (e.g. username or email address)
Specify the information that is incorrect and what it should be replaced with
You can access, correct, update or request deletion of your personal information at any time, either through your online account or by contacting us.
Deletion of data will be carried out on the understanding that removal of some information (e.g. email address) during an active membership term may negatively affect your ability to use the MailGen service.
We cannot delete any invoices, as these are kept for tax purposes.
You can request that we restrict processing of your personal information, object to processing of your information or request portability of your personal information. For these requests please contact us. We will comply with your request where your rights have been exercised in accordance with applicable laws.
If we have collected and processed your personal information with your consent, then you can withdraw that consent at any time. To be clear, we may still continue to process your data if we have a different legal basis for doing so (for example, if we are required by law to do so, or we need to do so for the purposes of fulfilling our obligations to you under our terms and conditions of service).
You also have the right to ask us to stop processing your personal data for direct marketing purposes. You can do this through your MailGen dashboard or via email. If you wish to exercise this right via email, you should:
Put your request in writing (an email with a header that says 'Unsubscribe' is acceptable)
Provide us with enough information to identify you (e.g. email address)
If your objection is not to direct marketing in general, but to direct marketing by a particular channel (e.g. email or telephone), please specify the channel you are objecting to.
If you have any questions or comments regarding our use of your data, please contact us by email. If you make a complaint to us and think we have not dealt with it to your satisfaction, you may send your complaint to the Information Commissioner for investigation. For more information on the Information Commissioner, and how to make a complaint, please visit their website.
Our contact details
If you wish to contact us, please send an email to email@example.com