Last modified: April 1th, 2017.
1. Mailfact, S.L. Personal Data Filing System
1.1. In accordance with the Spanish Organic Law 15/1999 of December 13 on the Protection of Personal Data (henceforth, “LOPD” for its Spanish initials), we inform you that your personal data will form part of Mailfact, S.L. (“Mailfact”) personal data filing system. Such personal data will be processed in order to provide Users with the requested services as well as to send Users, even by electronic means, communications regarding the latest news, products and services of Mailfact.
1.2. If at any time the User wishes to stop receiving these commercial communications, the User must request so by sending an email to hi@Mailfact.io
1.3. The User acknowledges and agrees that Mailfact may inform the User’s email contacts his use of the Mailfact extension.
1.4. The User acknowledges and agrees that Mailfact may use localization tools in the provision of its services.
1.5. The User acknowledges and agrees that the information generated through the services provided to the User by Mailfact may be used, being previously anonymised, for analytical and statistical purposes.
1.6. The User acknowledges and agrees that the management of the User’s service of assistance is carried out by using the services provided by Atlassian Pty Ltd., located in Australia; entailing international transfer of data.
2. Rights of Access, Rectification, Deletion and Opposition
2.1. The User may exercise his rights of access, rectification, opposition or deletion of personal data, as provided in the LOPD, by sending a written communication to Mailfact In both instances, the User must attach proof of identification such as a passport or National ID card.
3. Mailfact as Data Processor
3.1. Mailfact shall be deemed the Data Processor of all personal data generated through the Mailfact Service (“the Service”) of which it may have access during the provision of the Service in relation to each electronic mail sent by the User (“Accessed Data”) such as the name and surnames of the recipient; the recipient’s email address; subject of the email; date and time in which the email was sent; confirmation that the recipient received the email; confirmation that the recipient has opened the email after it has been received; timestamp of each email opening; the history of the times (number, date and time) the recipient has opened the received email; IP from which the email was opened; browser and operating system used by the recipient who opened the email; number of links included in the email; text and URL of such links; number of clicks made on each of them by the recipient; timestamp of each click on the link; IP from which the link was clicked on and browser and operating system used by the person who has clicked on the link.
3.2. Accordingly, Mailfact warrants to ensure the following:
(i) Mailfact shall not process the Accessed Data for a purpose other than the provision of the Service requested by the User and shall not transfer such data, not even for their storage, to unauthorized parties. (ii) Mailfact shall not subcontract third parties for the processing operations of the Accessed Data without the express written consent of the User. In this respect, the User acknowledges and agrees that the Service is hosted by Amazon Web Services, Inc. in Ireland, that the notification e-mails for the Service are sent via The Rocket Science Group, LLC, a US company, and that Mailfact uses the services of Keen Labs Inc., a company located in the US, in order to analyze and improve the Service usage enjoyed by the User; (iii) Mailfact shall guarantee the confidentiality of the Accessed Data, even after the termination of its relationship with the User; (iv) Mailfact shall implement the appropriate technical and organisational measures aimed at protecting the Accessed Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, carrying out to that end basic-level security measures as provided in the Royal Decree 1720/2007 of December 21, which enacts the Regulation implementing the Organic Law 15/1999 of December 13 on the Protection of Personal Data, or whichever may be applicable. (v) Mailfact shall inform its employees involved in the provision of the Service of all the obligations set forth herein. (vi) After the termination of the provision of the Service, Mailfact shall destroy from its information systems all of the Accessed Data as well as from any storage device o document in which data may be contained, except for that personal data which Mailfact must store during specific periods of time in compliance with applicable legal provisions or while liabilities from its relationship with the User may arise. (vii) Mailfact shall comply with any other obligation in accordance with the aforementioned legislation currently in force.
3.3. In regards to the Accessed Data, the User declares and warrants to be the Data Controller of the personal data filing system or its processing within the meaning of Article 3.d) of the Spanish Data Protection Organic Law. The User shall comply with all the obligations under the applicable data protection regulation. Similarly, the User warrants to have obtained lawfully the recipients’ personal data used to send the email.
3.4. In the event that the Data Controller of the Accessed Data is a natural or legal person distinct from the User, the User declares and warrants to have obtained the express prior authorization from such persons in order to use the service, or to have been granted power of legal representation from the Data Controller for the purposes of using the Services.
3.5. The User agrees that the processing of the Accessed Data through the Service serves a legitimate interest of the Data Controller.
3.6. The User shall indemnify and hold harmless Mailfact from and against any and all fines, sentence or sanctions arising from a previous breach by the User of any of the obligations set forth herein.
3.7. The User acknowledges and agrees that the use of the Service is of his own free and exclusive decision. Mailfact shall not be held liable for any loss or damage arising from the collection and the processing of the recipients’ personal data as result of the Service.
4. Security Measures
4.1. Mailfact shall process all personal data in the strictest confidentiality and implement the appropriate technical and organisational measures as required by applicable law.
4.2. The User of the Service must keep an effective access control of his computer and/or mobile device as well of the email management software. Such access control must be based on a password or similar system that identifies the User unambiguously and uniquely.
4.3. The User must have an active access control as described above while using the Service.
5. Exclusion of the Mailfact service
5.1. The recipient of an email sent by the User of the Service may be excluded of the monitoring conducted by the User if the recipient selects the checkbox “Opt-out” available on the “User Privacy" section.
5.2. Due to technical limitations, the only way to exclude the recipient of the Service is by us to install a cookie on the website Mailfact.io. Therefore, in case the recipient proceeds to delete cookies from his browser, the recipient will be included once again in the Service.
5.3. The aforementioned cookie will only work on the browser used by the recipient to select the exclusion. Therefore, in the event of using a different browser, the recipient will have to carry out the exclusion process on such browser.
6. Prevalence of the version in the Spanish Language
6.1. In case of any discrepancies between the Spanish version of the present policy and any other version in a different language, the version in the Spanish language shall prevail.