Privacy Policy

Definitions

For the purposes of this Privacy Policy:

• "Service" means the MailSend website, application, and email sending platform operated by MailSend Inc.
• "Personal Data" means any information that relates to an identified or identifiable individual. This includes information such as a name, email address, contact details, as well as any other data that can be reasonably linked to a specific person. It can also include information about a person's use of the Service (like IP address or user activity) or information contained in communications sent via MailSend (for example, the content of an email or metadata).
• "Usage Data" means information collected automatically when you use our Service. This could include technical information like your IP address, device and browser type, pages or features used, time and date of access, and other diagnostic data.
• "Data Controller" means the person or organization who determines the purposes and means of processing Personal Data. For example, when you provide Personal Data to create an account or when we collect data from our website visitors, MailSend acts as a Data Controller.
• "Data Processor" (or "Service Provider") means a person or organization which processes Personal Data on behalf of a Data Controller. When we handle Personal Data on behalf of our customers (e.g. handling email recipient data that our customer uploads), we are acting as a Data Processor for our customer, who is the Data Controller in that context.
• "User" (or "Customer") means an individual or entity using our Service (typically, the account holder who uses MailSend to send emails). The User is usually the Data Controller for any recipient data they submit to the Service.
• "Recipient" (or "End User") means an individual who receives an email sent through MailSend by one of our customers. The Recipient may be the Data Subject of Personal Data contained in the email (such as their email address or name).

Other terms used in this Privacy Policy have meanings consistent with applicable data protection laws or as defined in our Terms of Service. We aim for clarity, but if you have any questions about any definitions or concepts in this Policy, feel free to contact us.

Information We Collect and Receive

We collect several types of information in order to provide and improve the Service, to communicate with you, and to ensure legal compliance. This includes information you provide to us directly, information we collect automatically, and information we process on behalf of our customers.

Personal Data You Provide to Us

When you interact with MailSend, you may give us Personal Data. This includes:

• Account and Contact Information: When you sign up for MailSend or use our Service, we may collect information such as your name, business name, email address, phone number, mailing address, username, and password. We use this information to create and manage your account.
• Billing Information: If you purchase a paid plan, we (or our third-party payment processor) will collect billing details. MailSend itself does not store full credit card numbers; payments are handled by reputable processors (like Stripe).
• Communications with Us: If you contact us for support, we will collect the information you choose to share to help resolve your issue.
• Content You Provide: You may provide content through our Service (e.g., composing emails). We treat the personal information contained in the content of emails you send as your data -- we process it only to deliver the Service on your behalf. We will never sell or rent your email distribution lists.

Information We Collect Automatically

• Technical Identifiers: IP address, device type, browser type, and operating system.
• Usage Details: Logs of your activity on MailSend, features used, date/time of access, and performance metrics.
• Cookies and Similar Technologies: We use cookies to personalize your experience, keep you logged in, and analyze usage. You can control cookies through your browser settings.

Information Related to Email Sending ("Customer Data")

• Recipient Data: Email addresses and metadata provided to send emails. We handle this as a Data Processor and generate deliverability analytics.
• Email Content: Content may be temporarily stored to ensure delivery, troubleshoot issues, and monitor for abuse or spam.

We do not knowingly collect sensitive personal information (such as Social Security numbers) and ask that you do not transmit such data via MailSend unless legally permitted.

How We Use Your Information

We use the collected information for various business and commercial purposes in order to operate and improve MailSend, communicate with users, and comply with the law. Specifically, MailSend Inc. uses personal data for purposes including:

• Providing and Maintaining the Service: To create your account, deliver your emails, and manage bounces/unsubscribes.
• Service Improvements and Analytics: To understand usage patterns, fix bugs, and prioritize new features.
• Communication and Customer Support: To send account notices, security alerts, and reply to support inquiries.
• Marketing and Newsletters: With your consent, we may send promotional communications. You can opt-out at any time.
• Preventing Fraud and Abuse: To detect and block spam, phishing, or Acceptable Use Policy violations.
• Legal Compliance: To comply with tax/accounting laws or respond to lawful requests from authorities.

We do not use personal data for automated decision-making or profiling that produces legal effects on individuals without human involvement.

Data Security

We implement industry-standard security measures to protect your information, including:

• Encryption of data in transit and at rest
• Regular security audits and vulnerability assessments
• Access controls and authentication mechanisms
• Secure data centers with physical security measures

Your Data Protection Rights

We comply with applicable laws granting individuals rights over their personal data. Depending on your location, you may have the right to:

• Access: Request confirmation of processing and a copy of your personal data.
• Rectification: Ask us to correct inaccurate data.
• Erasure: Request deletion of your personal data ("right to be forgotten").
• Restrict Processing: Limit how we process your data.
• Data Portability: Receive a copy of your data in a machine-readable format.
• Object: Object to processing based on legitimate interests or for direct marketing.
• Withdraw Consent: Revoke consent previously given for processing.

EU/EEA Residents (GDPR): You have the right to lodge a complaint with a supervisory authority. Our lawful bases for processing include consent, contract performance, legal compliance, and legitimate interests.

California Residents (CCPA/CPRA): You have the Right to Know, Delete, Correct, and Opt-Out of Sale/Sharing. MailSend does not sell personal information or share it for cross-context behavioral advertising.

To exercise these rights, contact us at the email provided in the Contact section.

Anti-Spam and Email Compliance

MailSend requires all customers to comply with relevant email regulations:

• Consent and Opt-In: You must have proper consent (e.g., CAN-SPAM, GDPR) to send promotional emails.
• Unsubscribe Mechanism: Every bulk email must include a clear, functioning unsubscribe link. We provide tools to handle this automatically.
• Prohibited Content: Sending spam, malware, phishing, or illegal content will result in immediate suspension.
• Authentication: We encourage setting up SPF, DKIM, and DMARC for optimal deliverability and security.
• Feedback Loops: We process spam complaints from major mailbox providers and may auto-unsubscribe recipients who complain.

Children's Privacy

Our Service is not intended for individuals under the age of 13 (or 16 where applicable). We do not knowingly collect personal information from children. If we discover inadvertent collection, we will promptly delete the data and deactivate the account.

Changes to This Privacy Policy

We may update this Privacy Policy as needed to reflect operational or legal changes. Significant changes will be communicated prominently, and continued use of the Service indicates acceptance of the revised terms.