Luvia Digital LTD (hereinafter referred to as “Mailercloud”, “we”, “us”, or “our”) operating through www.mailercloud.com is engaged in the business of providing email marketing and automated software as a service.
We have always been committed to protecting the privacy of our Customers and Subscribers. This Privacy Notice (“Notice”) describes how we collect, use, store, process and secure your personal information disclosed to us while using our services. We process the data of our Customers and their Subscribers and the visitors to our website (“Users”). For the purpose of this Notice, "Customer" means a person or entity that is registered with Mailercloud to use the services, and “Subscriber” means a person Customer contacts through our Services.
Your use of the website and its services shall signify your acceptances to this Notice and your agreement to be legally bound by the same. If you do not agree with the terms of this Notice, kindly refrain from using the website or availing the services through the website.
Throughout this document we refer to the General Data Protection Regulation (“GDPR”), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any legislation implemented in connection with the GDPR which is the governing legislation that regulates data protection across the EEA. This includes any replacement legislation coming into effect from time to time.
For the purpose of this Notice personal data is defined as per the GDPR i.e., any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly. In particular by reference to an identifier such as name, an identification number, location data, an online identifier or one or more factors specific to the identity of that person. In this context, the name, e-mail address, phone number, IP address and your location would be considered as your personal information.
During the course of your visit on our website and the duration of your association with us, you would be solely responsible for providing us with your accurate personal information as we would be relying on such information to render you with the services and maintain records of your data.
In order to be able to provide you with the services, we collect your information on our platform during the following instances:
The second instance where we may collect your information is when you visit our website. We may collect, track or aggregate information about you based on the cookies deployed on your browsers or by way of web beacons. The collection of information shall also include your IP address, operating system and browsing software, tracking the duration of your visit, pages clicked on, time of your visit and any other activity that you conduct on our website.
Additionally, we also collect Subscriber information such as email address and any other additional information that Customer provides to Mailercloud.
We only collect such information that is required from us to provide you with the services on our platform. The type of information that we will collect on you, and you voluntarily provide to us on this website includes:
We may, in further dealings with you, extend this information to include your address, purchases, services used, and subscriptions, records of conversations and agreements and payment transactions.
We may also receive information about you when you access your account via third party sites such as Facebook or through other website through which we have provided a third party extension.
In the event that you are a Subscriber, we also collect Subscriber information such as email address and any other additional information that Customer provides to Mailercloud.
The legal basis for processing your data is based on your consent and our legitimate interest that we will have requested at the point the information was initially provided, therefore we will not store, process or transfer your data outside the parties detailed above unless we have an appropriate lawful reason to do so.
In case if we share your information to any third party and in most cases such third parties being our vendors then we do so by having data processing contracts with them in place. This means that the third parties with whom your data would be shares are acting based on our instructions and are not acting in their independent capacity. These data processors cannot share your information with anyone apart from us. They will hold it securely and retain it for the period we instruct. In some circumstances we are legally obliged to share information. For example under a court order or where we cooperate with other European supervisory authorities in handling complaints or investigations. We might also share information with other regulatory bodies in order to further their, or our, objectives. In any scenario, we’ll satisfy ourselves that we have a lawful basis on which to share the information and document our decision making and satisfy ourselves we have a legal basis on which to share the information.
We may provide your personally identifiable information and other ancillary information to our parent company located in India for processing such information on our behalf. In case of any such transfer we would comply with Article 47 of the GDPR.
You may receive emails related to your use of Mailercloud from time to time. We may communicate with you in response to your inquiries to provide the Services you request and to manage your account based on the Personal Data that you provide us. We may also send you updates and other promotional communications using your Personal Data. Every email will include a link that allows you to opt out of receiving it. We may still send important messages about administrative matters, updates, disputes, and customer service issues that are necessary for the Services to be provided.
If a Subscriber no longer wants to be contacted by one of our Customers, he/she can unsubscribe directly from that Customers’ newsletter or contact the Customer directly to update or delete the data. If a Subscriber 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.
Our data storage center is in the European Union and has reasonal technical and organizational measures in place to protect your information so you can rest assured that your data is safe with us.
We created our Data Processing Addendum to cover the GDPR requirements as they relate to email marketing and we encourage all our Customers to review it.
You have the right to access the personal information that we hold about you in many circumstances, by making a request. This is sometimes termed ‘Subject Access Request’. If we agree that we are obliged to provide personal information to you (or someone else on your behalf), we will provide it to you or them free of charge and aim to do so within 30 days from when your identity has been confirmed.
We would ask for proof of identity and sufficient information about your interactions with us that we can locate your personal information. If you would like to exercise this right, please contact us as set out below.
If any of the personal information we hold about you is inaccurate or out of date, you may ask us to correct it.
If you would like to exercise this right, please contact us as set out below.
You have the right to object to us processing your personal information if we are not entitled to use it any more, to have your information deleted if we are keeping it too long or have its processing restricted in certain circumstances.
If you would like to exercise this right, please contact us as set out below.
If you are a Subscriber and you would reach out to us to exercise any of your rights with respect to your personal data, we would be obligated to forward all such request to the Customer.
The Information Commissioner's Office (ICO) regulates data protection and privacy matters in the UK. They make a lot of information accessible to consumers on their website and they ensure that the registered details of all data controllers such as ourselves are available publicly. You can access them here https://ico.org.uk/for-the-public.
You can make a complaint to the ICO at any time about the way we use your information.
However, we hope that you would consider raising any issue or complaint you have with us first.
Your satisfaction is extremely important to us, and we will always do our very best to solve any problems you may have.
We retain a record of your personal information in order to provide you with a high quality and consistent service. We will always retain your personal information in accordance with the provisions of the General Data Protection Regulation i.e., we shall never retain your information for longer than is necessary. Unless otherwise required by law, your data will be stored for a period of [2 years] after our last contact with you, at which point it will be deleted.
Data security is of great importance to Mailercloud and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure your collected data.
We take security measures to protect your information including:
If you would like to exercise one of your rights as set out above, or you have a question or a complaint about this policy, the way your personal information is processed, please contact us by one of the following means:
By email: [email protected]
By post: Hamilton House,Mabledon Place, London,Greater London, WC1H 9BB, United Kingdom
Thank you for taking the time to read our Privacy Notice.