Privacy policy

Introduction

Luvia Digital Limited (hereinafter referred to as “Mailercloud”, “we”, “us”, or “our”) operating through www.mailercloud.com, (the “Site”) is engaged in the business of providing automated email marketing services, (“Services”).

We have always been committed to protecting the privacy of our Customers and Subscribers. This privacy notice (“Privacy Policy”) and any other documents referred to in it, sets out the basis on which we collect, use, store, process and secure your personal data, as a data controller, which is disclosed to us when you use our Site and Services.

This Privacy Policy applies when we process the data of: (i) person or an entity that is registered with Mailercloud to use the Services, (“Customers”); (ii) a person Customer contacts through our Services, (“Subscribers”); and visitors to the Site, (“Users”), together or individually referred to hereafter as, (“you”, “your”).

This Privacy Policy informs you about the rights and choices regarding their personal data as well as the reasons for which we process such personal data.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By using the Site or Services you are accepting and agreeing to the provisions of this Privacy Policy and to be legally bound by the same. If you do not agree with the terms of this Privacy Policy, kindly refrain from using the Site or Services.

Please note:
This Privacy Policy does not apply to any data a Customer provides to us when we process personal data, as the Customer’s data processor i.e. where we process Customer data within the cloud service we provide to Customers, as a business to business service provider.

The Site and Services are not intended for use by children and we do not knowingly collect information relating to children.

Data Controller

For the purposes of EU and UK data protection laws and any applicable national implementing laws, regulations and secondary legislation relating to the processing of personal data (together “Data Protection Law”), the data controller is Luvia Digital Limited of Hamilton House, Mabledon Place, London, Greater London, WC1H 9BB, United Kingdom.

Legal Basis for Processing

We will only use your personal data when the law allows us to. The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:

• Performance of a contract with you:
  Where we need to perform the contract we are about to enter into or have entered into with you.
• Legitimate interests:
  Where it is necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests. For example to prevent fraud and enable us to give you the best and most secure customer experience.
• Legal obligation:
  We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
• Consent:
  We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to an email newsletter.

Personal Data we may collect about you

We may collect and process personal data about you. Personal data, or personally identifiable information, means any information about an individual from which that individual can be identified. We collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data:
  includes first name, maiden name, last name, user name or similar identifier.
• Contact Data:
  includes billing address, delivery address, email address and telephone numbers, business name.
• Financial Data:
  includes bank account and payment card details.
• Transaction Data:
  includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data:
  includes internet protocol (IP) address, your login data, device ID, 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 this Site or the Services.
• Profile Data:
  includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data:
  includes information about how you use our Site and Services, including the full Uniform Resource Locators (URL) clickstream to, through and from our Site and Services (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
• Marketing and Communication Data:
  includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Location Data:
  includes GPS technology used to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings.
• Aggregated Data:
  We also collect, use and share aggregated data such as statistical or demographic data. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature in order to analyse general trends in how users interact with the website. 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.
• Special Category Data:
  We do not collect, store or use special category data about you. This means 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.

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 (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

When do we collect your personal data?

In order to be able to provide you with the Services, we collect personal data on our Site as follows.

Direct interactions:
i. You may give us your Identity Data, Contact Data and Financial Data when you fill in forms or correspond with us by post, phone, email or otherwise. This includes personal data you provide when you register to use our Site or to receive our newsletter, subscribe to use our Services, create an account to use our Site or Services, request marketing to be sent to you, search for a product or place an order on our Site, participate in discussion boards or other social media functions on our Site, enter a competition, promotion or survey, attend a conference or webinar, give us feedback or contact us and when you report a problem with our Site or Services.

Purchases:
If you make purchases via our Site or within any Services, or register for an event or webinar, we may require you to provide your Identity Data, Contact Data, Financial Data and Transaction Data.

Automated Technologies or Interactions:
As you interact with our Services, Sites or emails, we automatically collect Technical Data about your device, browsing actions, patterns, Location Data and Usage Data. We collect this personal data by using cookies, server logs, web beacons, pixels, and other similar technologies about your device, and your use of our Site and Services. We may also receive Technical Data and Location Data about you if you visit other websites using our cookies. Please see the Cookie section below for further details.

Information we collect about you

Personal data we receive from other sources

We work closely with the third parties set out in our Third Party Supplier List which includes, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies and we may receive the following personal data about you from them:

• Technical Data:
  from analytics providers, advertising networks and search information providers.
• Contact, Transaction and Financial Data:
  from providers of technical, payment and delivery services.
• Identity and Contact Data:
  from providers of chat/communication/helpdesk services with customers including via email.
• Email Communications and Contact Data:
  from providers of email communications service providers.
• Business Contact and Financial Data:
  from CRM service providers who manage contacts and keep a record of communications/interactions with customers.
• Contact Data and Financial Data:
  from cloud accounting systems that store email and names of persons sent invoices by email.
• Logins via third party services:
  from third party sites such as Facebook or through other websites through which we have provided a third party extension when you login to use our Services.

Personal data we collect from other sources

We also collect personal data about you from publicly available sources. We may combine this information with personal data provided by you. This helps us update, expand, and analyse our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. We also use this for the purposes of targeted advertising, delivering relevant email content, event promotion and profiling, determining eligibility and verifying Contact Data. The personal data we collect includes:

• Identity and Contact Data:
  from publicly available sources such as Companies House.
• Identity, Contact and Profile Data:
  that is published about you on social media profiles: such as LinkedIn, Facebook, Twitter.

Cookies

For information relating to our cookie policy, please refer to our cookie policy at: https://www.mailercloud.com/cookie-policy, (“Cookie Policy”).

Pixel-Tags

We may use "pixel tags," which are small graphic files that allow us to monitor the use of the Site and Services. A pixel tag can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appears; the URL (Uniform Resource Locator) of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, we may use "format sensing" technology, which allows pixel tags to let us know whether you received and opened our e-mail.

Web Beacons

Some of our web pages may contain electronic images known as web beacons (sometimes known as clear gifs) that allow us to count users who have visited these pages. Web beacons collect only limited information which includes a cookie number; time and date of a page view; and a description of the page on which the web beacon resides. We may also carry web beacons placed by third party advertisers. These web beacons do not carry any personal data and are only used to track the effectiveness of a particular campaign.

Do not track

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the “Preferences” or “Settings” page of your web browser.

How we use your information

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 basis 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.

We will not sell or rent your personal data to anyone.

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 obtain an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

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.

Disclosure of your personal data

Personal data we share with third parties

We may share your personal data where necessary with the third parties set out in our Third Party Supplier List for the purposes set out in the table above. Below is a summary of the types of third parties used:

• Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
• Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you to provide services such as IT and system administration services, email communications, hosting services, backup services, credit card processing, research, development, marketing and customer support.
• Analytics and search engine providers that assist us in the improvement and optimisation of our Site and Services.
• Professional advisors acting as service providers to us in relation to the Site or Services - including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services.
• Tax authorities, regulators and other authorities who require reporting of processing activities in certain circumstances.
• Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose personal data about identifiable individuals to our advertisers, but we may provide them with Aggregated Data about our users. We may also use such Aggregated Data to help advertisers reach the kind of audience they want to target (for example, women living in London). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
• Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

Personal data we disclose to third parties

We may disclose your personal data where necessary to third parties:

• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If we or a member of our group of companies or substantially all of their assets are acquired by a third party, in which case personal data held by them about their customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions, terms of use and/or any other legal agreements; or to protect our rights, property, safety, our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
• Where it is included in Aggregated Data we use in the normal course of operating our business; for example, sharing Aggregated Data with other Site or Services users, our customers or publicly to show trends or benchmark the general use of our Site and Services.

We require all third parties to respect the security of your personal data and to treat it in accordance with applicable 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.

International Transfers

Our Services are global and your personal data may be stored and processed in any country where we have operations or our staff are located. When we share your personal data within our group of companies this will involve transferring your personal data to our overseas offices in India.

We may transfer your personal data to service providers that carry out certain functions on our behalf. This may involve transferring personal data outside your country of residence to countries which have laws that do not provide the same level of data protection as your country of residence. When we share your personal data with our service providers, who are identified in our Third Party Supplier List, this will involve transferring your personal data to the country set out in the Third Party Supplier List for each service provider.

European Data

When we transfer UK, EU or Swiss personal data to countries whose laws do not provide the same level of data protection as the UK, the EU or Switzerland, we always ensure that a similar degree of protection is afforded to your data by ensuring that one of the following applicable safeguards is in place:

• We will only transfer UK personal data outside of the UK to: (i) countries deemed by the ICO to provide an adequate level of protection for UK personal data; or (ii) entities located outside of the UK with whom standard contractual terms approved for use in the UK which give the transferred personal data the same protection as it has in the UK have been entered into, for example the International Data Transfer Addendum, (IDTA) to the European Commission’s standard contractual clauses for international data transfers or binding corporate rules (BCRs); or (iii) entities located in the USA certified under the UK Extension to the EU-U.S. DPF; or (iv) any entity located outside of the UK that is subject to any other transfer mechanism, bespoke contract, approved code of conduct or certification scheme approved by the ICO.
• We will only transfer EU personal data outside of the EEA to: (i) countries deemed by the European Commission to provide an adequate level of protection for EU personal data; or (ii) entities located outside of the EEA with whom standard contractual terms approved for use in the EU which give the transferred personal data the same protection as it has in the EU have been entered into, for example the European Commission’s standard contractual clauses for international data transfers, (EU SCCs) or binding corporate rules (BCRs); or (iii) entities located in the USA certified under the EU-U.S. DPF; or (iv) any entity located outside of the EEA that is subject to any other transfer mechanism, bespoke contract, approved code of conduct or certification scheme approved by the European Commission.
• We will only transfer Swiss personal data outside of Switzerland to: (i) countries deemed by the Swiss Data Protection Authority to provide an adequate level of protection for Swiss personal data; or (ii) entities located outside of Switzerland with whom standard contractual terms approved for use in Switzerland which give the transferred personal data the same protection as it has in Switzerland have been entered into, for example the European Commission’s standard contractual clauses for international data transfers, (EU SCCs) or binding corporate rules (BCRs); or (iii) entities located in the USA certified under the Swiss-U.S. DPF; or (iv) any entity located outside of Switzerland that is subject to any other transfer mechanism, bespoke contract, approved code of conduct or certification scheme approved by the Swiss Data Protection Authority.
• To obtain a copy of any of the above these contractual safeguards, please contact us as set out at the end of this Privacy Policy.

Please note that our Site and Services are accessible via the internet and may potentially be accessed by anyone around the world. Other users may access the Site or Services from outside the EEA, Switzerland or the UK. This means that where you chose to post your personal data on our Site or within the Services, it could be accessed from anywhere around the world and therefore a transfer of your personal data outside of the EEA, Switzerland or the UK may be deemed to have occurred.

Data Security

Data security is of great importance to Us. 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.
For example:

• Limiting access to our buildings to those that we believe are entitled to be there (by use of passes, key card access and other related technologies);
• Implementing access controls to our information technology;
• We use appropriate procedures and technical security measures (including strict encryption, anonymisation and archiving techniques) to safeguard your personal data across all our computer systems, networks, websites, mobile apps, offices and stores;
• Never asking you for your passwords;
• Advising you never to enter your account number or password into an email or after following a link from an email.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site or Services, you are responsible for keeping this password confidential. We ask you not to share any password with anyone.

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 personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will endeavour to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Site or the Services. Any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

Third Party Links

Our Site and Services may, from time to time, contain links to and from third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. Please note that these third party websites, plug-ins and applications have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these third party websites, plug-ins or applications.

Use of blogs, forums and chat rooms

Any information that you post to areas of the Site or Services that is viewable by others (for example, to a blog, forum or chat-room) will not be treated as proprietary, private, or confidential. We have no obligation to monitor such posts to the Site or Services or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights.

Data Retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected if for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint, if we reasonably believe there is a prospect of litigation in respect of our relationship with you, to comply with law enforcement requests, maintain security, prevent fraud and abuse, resolve disputes, enforce our legal agreements, or fulfil your request to “unsubscribe” from further messages from us.

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, regulatory, tax, accounting or other requirements. Unless otherwise required by law, your personal data will be stored for a period of 1 year after our last contact with you, at which point it will be deleted.

By law we have to keep basic information about our customers (including Contact Data, Identity Data, Financial Data and Transaction Data) for 6 years after they cease being customers for tax purposes.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with your) after your account has been closed and we may use this for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Please note: After you have closed your account or deleted information from your account, any information you have shared with others will remain visible. We do not control data that other users may have copied from the Site or Services. Your profile may continue to be displayed in the services of others (e.g. search engine results) until they refresh their cache.

Your Legal Rights

You have a number of rights under Data Protection Law in relation to your personal data. You have the right to:

• Request access to your personal data (commonly known as a “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 rectification 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 in certain circumstances. 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.
• Request restriction of the processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios: (i) if you want us to establish the data’s accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) 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 (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
• 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.
• Object any time to the processing of your personal data for direct marketing purposes.
• Withdraw consent at any time where we are relying on consent to process your personal data as the legal basis for using your 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 above rights, please contact us as set out at the end of this Privacy Policy.

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 could refuse to comply with your request in these circumstances.

We will try to respond to all legitimate requests within 30 days and will deal with requests we receive from you, in accordance with the provisions of Data Protection Law. Occasionally it could take us longer, 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.

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.

Email Communications and Opting Out from Marketing Communications

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 use your Identity, Contact, Technical, Usage and Profile Data to form a view on which products, services and offers may be of interest to you so that we can send you relevant marketing communications.

• Direct marketing: You will receive marketing communications if you “opt in” to receive marketing communications from us when you registered on our Site or within the Services, or if you enquired about, or have purchased any of our goods or services and you have not opted out of receiving such marketing.
• Third Party Marketing: We will obtain your express opt-in consent before we share your personal data with any third party for their own direct marketing purposes.
• Opting out of Marketing: You can ask us to stop sending you marketing communications at any time by logging into the Site or Services and unchecking the relevant boxes to adjust your marketing preferences or by following the “opt out” or “unsubscribe” links within any marketing communication sent to you.
  Once you “opt out” or “unsubscribe”, you will no longer receive any marketing communications from us. You will however still received service related communications that are essential for administrative or customer service purposes, for example relating to orders, billing, updates, checking that your contact details are up to date and support issues.

Please note that we will continue to send important messages about service updates, disputes, administrative matters and customer service issues that are necessary for the Services to be provided.

Please also note: 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 them to that Customer.

Complaints

Our intention is to meet the highest standards when collecting and using personal data. For this reason, we take complaints we receive very seriously. We encourage users to notify us if they think that our collection or use of personal data is unfair, misleading or inappropriate. If you have any complaints about our use of your personal data, please contact us as set out at the end of this Privacy Policy.

You have the right to make a complaint to your local data protection supervisory authority.

For UK individuals:
The Information Commissioner's Office (ICO), Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.

Our EU representative is:
Dr Loredana Tassone, IT Governance Europe, The Mill Enterprise Hub, Stagreenan, Drogheda, Co. Louth, A92 CD3D, Ireland. If you wish to raise a question please contact [email protected], quoting “Luvia Digital Ltd” in the subject line.

You can also post your request or query to:
EU Representative, IT Governance Europe, The Mill Enterprise Hub, Stagreenan, Drogheda, Co. Louth, A92 CD3D, Ireland.

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.

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, for example a new address or email address.

Contact Us

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 data is processed, please contact us by one of the following means:

By email: [email protected]
By post: Hamilton House, Mabledon Place, London, WC1H 9BB, United Kingdom

Thank you for taking the time to read our Privacy Policy