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Privacy Policy

 

Welcome to UpMail’s privacy policy.

 

UpMail respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you

 

1.Important information and who we are

 

Purpose of this privacy policy

 

This privacy policy aims to give you information on how UpMail collects and processes your personal data through (i) your use of the website at https://www.upmailsolutions.com and its associated sub-domains (the “Website”), including any personal data you may provide through the Website or when you request a demo or otherwise interact with us, (ii) using our simple plug-ins to Outlook, Gmail or Salesforce (the “Tools”).

 

The Website and our Tools are not intended for children and we do not knowingly collect data relating to children.

 

It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them.

 

Processor

 

Sunshine Blink Limited (company number 08015671) (referred to as “UpMail”, “we“, “us” or “our” in this privacy policy) is a data processor in respect of personal data provided by our customers.

 

Changes to the privacy policy and your duty to inform us of changes

 

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us

 

2.The data we collect about you

 

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

 

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

 

  • Registration Data includes the individual or contact name, company name, phone number, email address and other contact information, as well as data about services requested.
  • Message Data is made up of information that has been provided to us by our customers relating to their use of our Tools and includes our customers’ address books or CRM information imported to and maintained within our Tools, contact information for individuals or entities who receive email messages from customers using our Tools and information related to specific emails, including recipient information, the date and time of the email and analytics related to the email.  This data may include data directly provided by our users, such as the recipient’s name, email address and the contents of the email, as well as indirect information, known as metadata, such as the geographical location of the sender and recipient, the type of device used by our customers to send the email, the dates and times of sending and opening emails, and the number of and other data regarding recipients opening, and clicking hyperlinks within, emails.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of subscriptions for the Tools.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Website and/or the Tools.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

 

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

 

We do not intentionally collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we intentionally collect any information about criminal convictions and offences. However, we may process Special Categories of Personal Data as a result of processing your Message Data through the Tools.

 

If you fail to provide personal data

 

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you.

 

3.How is your personal data collected?

 

We use different methods to collect data from and about you including through:

 

  • Direct interactions. You may give us your Registration, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • create an account with us;
  • activate our services;
  • register for an event or webinar;
  • give us some feedback.
  • Automated technologies or interactions. As you interact with our Website and/or Tools, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details. Finally, we will collect Message Data as you interact with our Tools.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from the following parties:
    • analytics providers;
    • advertising networks; and
    • search information providers.
  • Registration, Financial and Transaction Data from providers of technical and payment services.

 

How we use your personal data

 

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

 

  • Where we need to perform the contract we are about to enter into or have entered into with you including without limitation in providing the services accessed through the Tools.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

 

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us.

 

Purposes for which we will use your personal data

 

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

 

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer Registration Performance of a contract with you
To process orders, requests and payments, and to communicate with our customers about their accounts or about any requests, orders or payments. (a) Registration

(b) Financial

(c) Transaction

(d) Marketing and Communications

(e) Message

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To administer our affiliate program. In the event potential customers are forwarded to our Website through our affiliate program, we will use collected information to make proper payment to our affiliate partners. (a) Registration

(b) Technical

(c) Marketing and Communications

(a) Necessary for our legitimate interests (to expand our business by working with businesses to which our Tools could be useful)

(b) Performance of a contract with you

 

To identify effective email practices. We use anonymous, de-identified data compiled from our customers emails as a statistical measure to determine effective email practices. (a) Registration

(b) Technical

(c) Marketing and Communications

(d) Message

(a) Necessary for our legitimate interests (to provide our services and improve the analytics undertaken by our Tools)

(b) Performance of a contract with you

 

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Registration

(b) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to participate in a prize draw, competition or complete a survey (a) Registration

(b) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and the Website and Tools (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Registration

(a) Technical

 

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Registration

(b) Marketing and Communications

(c) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve the Website and Tools, products/services, marketing, customer relationships and experiences (a) Technical

(b) Transaction

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website and Tools updated and relevant, to develop our business and to inform our marketing strategy)

 

Marketing

 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You may withdraw any consent given to receive direct marketing communications from us by contacting us.

 

Promotional offers from us

 

We may use your Registration, Technical, Transaction and Message Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You may withdraw any consent given to receive direct marketing communications from us by contacting us.

 

You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

 

Third-party marketing

 

We will not share your personal data with any company for marketing purposes.

 

Opting out

 

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of you purchasing services from us.

 

Cookies

 

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Website and Tools may become inaccessible or not function properly.

 

Change of purpose

 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

 

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

 

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

  1. Disclosures of your personal data

 

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

 

  • Service Providers. We may disclose the information we collect from you to third party service providers, agents or contractors who perform services jointly with us or on our behalf. These third parties are obligated by written agreements with UpMail to maintain the same standards as UpMail with respect to security, confidentiality and integrity of personal data and to use such information only as directed by us. You can see a list of the service providers with whom we work at [LINK].
  • Third parties as required by law. We will share information with companies, organizations, law enforcement or individuals if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to: meet any applicable law, regulation, legal process or enforceable government request; enforce our Terms and Conditions of Use, including investigation of potential violation; detect, prevent or otherwise address fraud, security or technical issues; and to protect against harm to the rights, property or safety of UpMail, our customers or the public as required or permitted by law.

 

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

  1. International transfers

 

Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

 

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

 

  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

 

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

 

  1. Data security

 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.  We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

When you enter personal data on our registration or order forms, we encrypt that information during transmission using industry-standard Secure Socket Layer (SSL) software.

 

  1. Data retention

 

How long will you use my personal data for?

 

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

 

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Details of retention periods for different aspects of your personal data are [available in our retention policy which you can request from us by contacting us. In some circumstances you can ask us to delete your data: see Erasure Request below for further information. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

 

  1. Your legal rights

 

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

 

You have the right to:

 

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

 

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

 

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

 

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

 

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

 

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

 

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

 

If you wish to exercise any of the rights set out above, please contact us.

 

No fee usually required

 

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

 

What we may need from you

 

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

 

Time limit to respond

 

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

Contact details

 

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

 

Our full details are:

 

Full name of legal entity: Sunshine Blink Limited (company number 08015671)

 

Email address:  hello@upmailsolutions.com

 

Postal address: 76a Creffield Road, London, England, W3 9PS

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